February 23, 2001



SENATE BILL No. 138

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DIGEST OF SB 138 (Updated February 21, 2001 11:46 AM - DI 51)



Citations Affected: IC 33-5.

Synopsis: Jurisdiction of Hendricks superior courts. Gives Hendricks superior court No. 2 and Hendricks superior court No. 3 jurisdiction over probate matters, guardianships, trusts, and similar matters. Allows Hendricks superior court No. 1 to have a small claims and misdemeanor division. Repeals a provision concerning the transfer of cases when one court does not have jurisdiction over a matter.

Effective: Upon passage.



Lawson C


    January 8, 2001, read first time and referred to Committee on Judiciary.
    February 22, 2001, reported favorably _ Do Pass.




February 23, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 138


    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 33-5-25-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The Hendricks superior court No. 1 has original, exclusive jurisdiction in all matters pertaining to the probate of wills, the appointment of guardians, executors, administrators, personal representatives, and trustees, and to the administration and settlement of estates of protected persons (as defined in IC 29-3-1-13) and deceased persons, and of trusts, adoptions, and surviving partnerships, and in all probate and other matters provided for by IC 29, except its jurisdiction is not exclusive to civil actions by or against personal representatives, but is concurrent with the Hendricks circuit court, Hendricks superior court No. 2, and Hendricks superior court No. 3.
    (b) Except as provided in subsection (a), (a) Each superior court in the county has original and concurrent jurisdiction with the circuit court in all civil actions and proceedings at law and in equity, and actions for dissolution or annulment of marriage, and in all criminal cases and proceedings but neither none of the superior court has

courts have the jurisdiction of a juvenile court.
    (c) (b) Each superior court in the county has original and concurrent jurisdiction with the circuit court in all appeals or reviews from boards of county commissioners or other executive or administrative agencies and all other appellate jurisdiction vested in the circuit court.
    SECTION 2. IC 33-5-25-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 18. The Hendricks Each superior court No. 2 and the Hendricks superior court No. 3 each have has a standard small claims and misdemeanor division.
    SECTION 3. IC 33-5-25-8 IS REPEALED [EFFECTIVE UPON PASSAGE].
    SECTION 4. An emergency is declared for this act.