§ 33-38-10-4 — Conduct of trial without jury; powers of judge; records; applicability of rules of civil procedure; appeals

Indiana § 33-38-10-4

• Jurisdiction: Indiana
• Art. 38: JUDGES
• Ch. 10: Private Judges

Text

(a) A trial conducted by a private judge shall
be conducted without a jury.
(b) A person who serves as a private judge has, for each case the
private judge hears, the same powers as the judge of a circuit court in
relation to:
(1) court procedure;
(2) deciding the outcome of the case;
(3) attendance of witnesses;
(4) punishment of contempts;
(5) enforcement of orders;
(6) administering oaths; and
(7) giving all necessary certificates for the authentication of the
records and proceedings.
(c) All proceedings in an action heard by a private judge are of
record and must be:
(1) filed with the clerk of the circuit court in the county of proper
venue under the Indiana Rules of Trial Procedure; and
(2) made available to the public in the same manner as circuit
court records.
(d) The Indiana Rules of Trial Procedure apply for all actions
brought before a private judge. An appeal from an action or a judgment
of a private judge may be taken in the same manner as an appeal from
the circuit court of the county where the case is filed.
[Pre-2004 Recodification Citation: 33-13-15-4.]

Legislative History

As added by P.L.98-2004, SEC.17.