Section 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;(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.