Engrossed Version, House Bill 1141:
Creates one new superior court in Dearborn County, DeKalb County, Hamilton County, Howard County, Montgomery County, and Vigo County, and creates two new superior courts in Hendricks County. Establishes a magistrate in Madison County. Provides that the new superior courts in Dearborn County, DeKalb County, Montgomery County, and Vigo County are created on January 1, 2006, the new superior court in Howard county is created on January 6, 2006, and the new courts in Hendricks County and Hamilton County are created on January 1, 2007. Allows the existing superior courts in Hendricks County to appoint a magistrate to serve until January 1, 2007. Abolishes the DeKalb County small claims referee. Makes the superior courts in Howard County standard superior courts.
This bill just cleared committee. I’ve got to say, I got in just under the wire on this one. I defended a case where a complaint was inadvertently filed in the Montgomery County Court plenary docket (jurisdiction $10,000). By the time I figured out my client was liable for at least $10,000 and that it was before the County Court, I filed a Motion for Summary Judgment asking for entry of judgment in the amount of $10,000 and for dismissal of any remaining claim as beyond the Court’s jurisdiction. The statute of limitations had passed on the plaintiff’s claim and Transfer to Superior Court or Circuit court was problematic. The uncertainty this created encouraged both sides to get serious about negotiations, and we managed to settle. If this bill had been further along, I might still be litigating the case and preparing to be the first civil jury case in excess of $10,000 before the Montgomery Superior Court 2. Wow, that was a long, boring story. Sorry for wasting your time.
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