§ 36-2-17-7 — Destruction of records; powers and duties of commissioner; procedures

(a) Before performing any duties as
commissioner, a commissioner appointed under section 6(c) of this
chapter shall give twenty (20) days notice of:
(1) the commissioner's appointment;
(2) the time when the commissioner will begin to perform the
commissioner's duties; and
(3) the place where the commissioner will begin to perform the
commissioner's duties;
by publication under IC 5-3-1 and by posting written notices in each
township of the county.
(b) The commissioner may:
(1) employ a clerk, who shall take an oath of office before
performing any of the clerk's duties;
(2) administer oaths when testimony is required to be taken before
the commissioner;
(3) issue subpoenas for and compel the attendance of witnesses;
(4) cite persons for and issue execution for contempt;
(5) tax costs; and
(6) adjourn the commissioner's proceedings from time to time, but
after an adjournment without a day specified for reconvening, the
commissioner may not resume the commissioner's duties without
an order of the county executive authorizing the commissioner to
do so.
(c) A sheriff who delivers the commissioner's writs and subpoenas
and witnesses who testify before the commissioner are entitled to the
same fees as are allowed for the same service or attendance in the
circuit court. This compensation shall be taxed against the party
bearing costs.
(d) The commissioner shall obtain record books in which the
proceedings held before the commissioner shall be fully recorded.
Proceedings concerning the different courts and different offices of the
county shall be recorded in separate books.
(e) The commissioner or the commissioner's clerk may not record
proof of the existence and contents of the following records and
documents of a clerk of a court of record:
(1) Judgments and decrees.
(2) Writs of execution and returns of writs of execution.
(3) Recognizances and forfeitures of bonds.
The commissioner or the commissioner's clerk shall record proof of the
existence and content of any other record or document that belonged
to or was filed or deposited in the office of a clerk of a court of record
and has been destroyed, if that proof is presented to the commissioner
by a disinterested witness. However, the commissioner may receive
proof of the contents of a will only if the evidence leads the
commissioner to believe that neither the original will nor an
authenticated copy can be produced.
(f) The commissioner shall record the complete statement of each
witness who testifies before the commissioner. The commissioner may
not include the commissioner's own conclusions in the record.
(g) The commissioner shall sign the record of each day's testimony
that the commissioner hears, and shall certify each completed volume
of the record to be a complete and accurate copy of the testimony taken
before the commissioner. The commissioner shall deliver each
completed volume of the record to the appropriate county office.
[Pre-Local Government Recodification Citations: 5-15-8-10;
5-15-8-12; 5-15-8-13; 5-15-8-14; 5-15-8-15 part; 5-15-8-16
part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by
P.L.127-2017, SEC.104.