§ 33-35-5-10 — Appeals from certain city courts; procedure

Indiana § 33-35-5-10

• Jurisdiction: Indiana
• Art. 35: CITY AND TOWN COURTS
• Ch. 5: Records; Procedures; Practices

Text

(a) A party in a civil action who desires to
take an appeal from the city court of the three (3) cities having the
largest populations in a county having a population of more than four
hundred thousand (400,000) and less than seven hundred thousand
(700,000) shall file a bond, to the approval of the city court, within
thirty (30) days after the date of rendition of final judgment, and the
motion to correct errors within ten (10) days after the rendition of final
judgment. The transcript and motion shall be filed in the court to which
the appeal is taken within thirty (30) days after the motion has been
signed by the court.
(b) All errors saved shall be reviewed as far as justice warrants, and
for that purpose, a complete transcript of all the evidence is not
required. An error occurring during the trial, not excepted to at the
time, may be made available upon appeal by setting it forth in a motion
for a new trial. Upon application within the time fixed, either of the
parties to the suit may obtain either:
(1) a correct statement, to be prepared by the party requesting the
signing of the same, of the facts in a narrative form appearing on
the trial and of all questions of law involved in the case and the
decisions of the court upon the questions of law; or
(2) a correct stenographic report;
and the expense of procuring the correct statement or correct
stenographic report shall be paid by the party requesting the correct
statement or correct stenographic report.
(c) The appeal shall be:
(1) submitted on the date filed in the court to which the appeal is
taken;
(2) advanced on the docket of that court; and
(3) as determined at the earliest practical date, without any
extension of time for filing of briefs;
but the court to which an appeal is taken may, on application, hear oral
arguments.
(d) If judgment is affirmed on appeal, it may be increased by ten
percent (10%), in addition to any interest that may be allowed, if the
appeal is found to be frivolous.
(e) A change of venue may be taken from the judge to whom the
case is appealed as provided by law for taking changes of venue from
the judge of the circuit court.
(f) The court to which an appeal is taken shall render its opinion in
abbreviated form by simply citing the controlling authorities in the
case, unless it appears that some new question of practice, procedure,
or law is involved that would warrant a more extensive opinion.
[Pre-2004 Recodification Citation: 33-10.1-5-10.]

Legislative History

As added by P.L.98-2004, SEC.14. Amended by P.L.11-2023, SEC.107.