(A) Application. The provisions of this rule constitute the exclusive manner for the selection of special judges in all actions in city, town, and Marion county small claims courts. (B) Duty to notify court. It shall be the duty of the parties to promptly advise the court of an application or motion for change of judge. (C) Required affidavit. In any action filed in city, town, or the Marion county small claims courts, notwithstanding the provisions of Trial Rule 76(B), a motion for change of judge shall be verified and signed by the party setting forth facts in support of the statutory basis for the change. (D) Agreement of the parties. In the event it becomes necessary to appoint a special judge in a city, town, or Marion county small claims court, the parties may agree to the appointment of an eligible individual to so serve. Upon being advised of the agreement of the parties, the court shall appoint such individual as the special judge in the case. This provision shall not apply to criminal proceedings. A special judge selected under this section shall have twenty (20) days to accept jurisdiction, appear, and qualify. The individual who serves as special judge under this section is not entitled to the payment of special judge fees as set forth in . (E) Selection by court. Absent an agreement by the parties to appoint a specific individual to serve as special judge, the parties may consent to the appointment of a special judge by the judge presiding in the case. A special judge selected under this section shall have twenty (20) days to accept jurisdiction, appear, and qualify. The individual who serves as special judge under this section is not entitled to the payment of special judge fees as set forth in Trial Rule 79(J).(F) City and town courts. In the event it becomes necessary to appoint a special judge in a city or town court and the parties fail to agree under Section (D) or (E), the case shall be transferred to the appropriate docket of the county, superior, or circuit court of the county in which the city or town court is located and filed without the assessment of additional fees. The judge who receives the case is not entitled to the payment of special judge fees as set forth in Trial Rule 79(J).(G) Marion county small claims court. In the event it becomes necessary to appoint a special judge in the Marion county small claims court and the parties fail to agree under Section (D) or (E), the procedure set forth in this section shall apply.
(1) Naming of panel. Within two (2) days of deciding that a special judge must be appointed under this section, the presiding judge shall submit to the parties for striking a panel of three judges, who, pursuant to IC 33-34-5-6 must be other judges of the Marion county small claims court. (2) Striking from panel. Each party shall be entitled to strike one name from the panel. The moving party shall be entitled to strike first. The parties shall have not less than seven (7) days nor more than fourteen (14) days to strike as the court may allow. (3) Failure to strike. If the moving party fails to timely strike, the presiding judge shall resume jurisdiction of the case. If a non-moving party fails to timely strike, the clerk of court shall strike in such party’s stead. (4) Transfer of case. Upon completion of the striking process, the case shall be transferred to the court of the judge remaining on the panel without the assessment of additional costs. (5) Inability to transfer. In the event the case cannot be transferred, for any reason, to the designated special judge, the case shall be transferred to the court having the highest court identifier number, as provided in Administrative Rule 8, of the Marion county small claims court judge who is not disqualified by reason of interest or relationship. No fees will be assessed for such transfer. (H) Eligibility. Pursuant to IC 33-34-5-6, no person other than a small claims court judge may serve as a special judge in the small claims court. Any regular judge of a circuit, superior, probate, municipal, or county court, a senior judge, or any member of the bar of the state of Indiana is eligible for appointment as a special judge in a city or town court unless this judge or attorney:
(1) has previously served as judge or been a member of a panel for selection as special judge in the case; (2) is disqualified by interest or relationship; or (3) is serving as a bailiff, reporter, referee, commissioner, magistrate, or other appointed official of the court where the case is pending, except as expressly authorized by statute. (I) Continuation of jurisdiction of case. In the event a special judge is appointed or a case is transferred under this rule, the special judge or court shall retain jurisdiction for all future proceedings in the case, including without limitation, proceedings to enforce the judgment and post-conviction relief unless:
(1) a specific statute or rule provides to the contrary; or (2) the special judge is unavailable by reason of death, sickness, absence, or unwillingness to serve.
