First Regular Session of the 124th General Assembly (2025)
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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1478
AN ACT to amend the Indiana Code concerning civil procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 33-34-8-1, AS AMENDED BY P.L.178-2022(ts),
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) The following fees and costs apply to cases
in the small claims court:
(1) A township docket fee of five dollars ($5) plus forty-five
percent (45%) of the infraction or ordinance violation costs fee
under IC 33-37-4-2.
(2) The bailiff's service of process by registered or certified mail
fee of fifteen dollars ($15) for each service.
(3) The cost for the personal service of process by the bailiff or
other process server of fifteen dollars ($15) for each service.
(4) Witness fees, if any, in the amount provided by IC 33-37-10-3
to be taxed and charged in the circuit court.
(5) A redocketing fee, if any, of five dollars ($5).
(6) A document storage fee under IC 33-37-5-20.
(7) An automated record keeping fee under IC 33-37-5-21.
(8) A late fee, if any, under IC 33-37-5-22.
(9) A public defense administration fee under IC 33-37-5-21.2.
(10) A judicial insurance adjustment fee under IC 33-37-5-25.
(11) A judicial salaries fee under IC 33-37-5-26.
(12) A court administration fee under IC 33-37-5-27.
(13) Before July 1, 2025, A pro bono legal services fee under
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IC 33-37-5-31.
(14) A sheriff's service of process fee under IC 33-37-5-15 for
each service of process performed outside Marion County.
The docket fee and the cost for the initial service of process shall be
paid at the institution of a case. The cost of service after the initial
service shall be assessed and paid after service has been made. The
cost of witness fees shall be paid before the witnesses are called.
(b) If the amount of the township docket fee computed under
subsection (a)(1) is not equal to a whole number, the amount shall be
rounded to the next highest whole number.
SECTION 2. IC 33-34-8-3, AS AMENDED BY P.L.9-2024,
SECTION 507, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Payment for all costs made as
a result of proceedings in a small claims court shall be to the _______
Township of Marion County Small Claims Court (with the name of the
township inserted). The court shall issue a receipt for all money
received on a form numbered serially in duplicate.
(b) This subsection applies only to a low caseload court (as defined
in section 5 of this chapter). All township docket fees and late fees
received by the court shall be paid to the township trustee at the close
of each month.
(c) This subsection does not apply to a low caseload court. This
subsection applies to all other township small claims courts in Marion
County. One dollar and fifty cents ($1.50) of the township docket fee
shall be paid to the township trustee of each low caseload court at the
end of each month. The remaining township docket fees and late fees
received by the court shall be paid to the township trustee at the close
of each month.
(d) The court shall:
(1) semiannually distribute to the state comptroller:
(A) all automated record keeping fees (IC 33-37-5-21)
received by the court for deposit in the homeowner protection
unit account established by IC 4-6-12-9 and the state user fee
fund established under IC 33-37-9;
(B) all public defense administration fees collected by the
court under IC 33-37-5-21.2 for deposit in the state general
fund;
(C) sixty percent (60%) of all court administration fees
collected by the court under IC 33-37-5-27 for deposit in the
state general fund;
(D) all judicial insurance adjustment fees collected by the
court under IC 33-37-5-25 for deposit in the state general fund;
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(E) seventy-five percent (75%) of all judicial salaries fees
collected by the court under IC 33-37-5-26 for deposit in the
state general fund; and
(F) one hundred percent (100%) of the pro bono legal services
fees collected before July 1, 2025, by the court under
IC 33-37-5-31 for deposit in the pro bono legal services fund
established by IC 33-37-5-34; and
(2) distribute monthly to the county auditor all document storage
fees received by the court.
The remaining twenty-five percent (25%) of the judicial salaries fees
described in subdivision (1)(E) shall be deposited monthly in the
township general fund of the township in which the court is located.
The county auditor shall deposit fees distributed under subdivision (2)
into the clerk's record perpetuation fund under IC 33-37-5-2.
(e) The court semiannually shall pay to the township trustee of the
township in which the court is located the remaining forty percent
(40%) of the court administration fees described under subsection
(d)(1)(C) to fund the operations of the small claims court in the
trustee's township.
SECTION 3. IC 33-37-4-4, AS AMENDED BY P.L.237-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) The clerk shall collect a civil costs fee of
one hundred dollars ($100) from a party filing a civil action. This
subsection does not apply to the following civil actions:
(1) Proceedings to enforce a statute defining an infraction under
IC 34-28-5 (or IC 34-4-32 before its repeal).
(2) Proceedings to enforce an ordinance under IC 34-28-5 (or
IC 34-4-32 before its repeal).
(3) Proceedings in juvenile court under IC 31-34 or IC 31-37.
(4) Proceedings in paternity under IC 31-14.
(5) Proceedings in small claims court under IC 33-34.
(6) Proceedings in actions described in section 7 of this chapter.
(b) In addition to the civil costs fee collected under this section, the
clerk shall collect the following fees, if they are required under
IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
IC 33-37-5-4).
(2) A support and maintenance fee (IC 33-37-5-6).
(3) A document storage fee (IC 33-37-5-20).
(4) An automated record keeping fee (IC 33-37-5-21).
(5) A public defense administration fee (IC 33-37-5-21.2).
(6) A judicial insurance adjustment fee (IC 33-37-5-25).
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(7) A judicial salaries fee (IC 33-37-5-26).
(8) A court administration fee (IC 33-37-5-27).
(9) A service fee (IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2)).
(10) A garnishee service fee (IC 33-37-5-28(b)(3) or
IC 33-37-5-28(b)(4)).
(11) For a mortgage foreclosure action, a mortgage foreclosure
counseling and education fee (IC 33-37-5-33) (before its
expiration on July 1, 2017).
(12) Before July 1, 2025, A pro bono legal services fee (IC
33-37-5-31).
(13) A jury fee (IC 33-37-5-19.5).
SECTION 4. IC 33-37-4-6, AS AMENDED BY P.L.174-2022,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) For each small claims action, the clerk shall
collect the following fees:
(1) From the party filing the action:
(A) a small claims costs fee of thirty-five dollars ($35);
(B) a small claims service fee of ten dollars ($10) for each
named defendant that is not a garnishee defendant; and
(C) if the party has named more than three (3) garnishees or
garnishee defendants, a small claims garnishee service fee of
ten dollars ($10) for each garnishee or garnishee defendant in
excess of three (3).
(2) From any party adding a defendant that is not a garnishee
defendant, a small claims service fee of ten dollars ($10) for each
defendant that is not a garnishee defendant added in the action.
(3) From any party adding a garnishee or garnishee defendant, a
small claims garnishee service fee of ten dollars ($10) for each
garnishee or garnishee defendant added to the action. However,
a clerk may not collect a small claims garnishee service fee for the
first three (3) garnishees named in the action.
However, a clerk may not collect a small claims costs fee, small claims
service fee, or small claims garnishee service fee for a small claims
action filed by or on behalf of the attorney general.
(b) A clerk may not collect a fee under subsection (a)(1)(B),
(a)(1)(C), (a)(2), or (a)(3) for a small claims action filed through the
Indiana electronic filing system adopted by the Indiana supreme court.
(c) In addition to a small claims costs fee, small claims service fee,
and small claims garnishee service fee collected under this section, the
clerk shall collect the following fees, if they are required under
IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
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IC 33-37-5-4).
(2) A document storage fee (IC 33-37-5-20).
(3) An automated record keeping fee (IC 33-37-5-21).
(4) A public defense administration fee (IC 33-37-5-21.2).
(5) A judicial insurance adjustment fee (IC 33-37-5-25).
(6) A judicial salaries fee (IC 33-37-5-26).
(7) A court administration fee (IC 33-37-5-27).
(8) Before July 1, 2025, A pro bono legal services fee (IC
33-37-5-31).
SECTION 5. IC 33-37-4-7, AS AMENDED BY P.L.174-2022,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) Except as provided under subsection (c), the
clerk shall collect from the party filing the action a probate costs fee of
one hundred twenty dollars ($120) for each action filed under any of
the following:
(1) IC 29 (probate).
(2) IC 30 (trusts and fiduciaries).
(b) In addition to the probate costs fee collected under subsection
(a), the clerk shall collect from the party filing the action the following
fees, if they are required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
IC 33-37-5-4).
(2) A document storage fee (IC 33-37-5-20).
(3) An automated record keeping fee (IC 33-37-5-21).
(4) A public defense administration fee (IC 33-37-5-21.2).
(5) A judicial insurance adjustment fee (IC 33-37-5-25).
(6) A judicial salaries fee (IC 33-37-5-26).
(7) A court administration fee (IC 33-37-5-27).
(8) Before July 1, 2025, A pro bono legal services fee (IC
33-37-5-31).
(c) A clerk may not collect a court costs fee for the filing of the
following exempted actions:
(1) Petition to open a safety deposit box.
(2) Filing an inheritance tax return, unless proceedings other than
the court's approval of the return become necessary.
(3) Offering a will for probate under IC 29-1-7, unless
proceedings other than admitting the will to probate become
necessary.
(4) Filing a closing statement for an estate described in
IC 29-1-8-4.
SECTION 6. IC 33-37-5-31, AS AMENDED BY P.L.174-2022,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 31. In each:
(1) civil action in which the clerk is required to collect a civil
costs fee under IC 33-37-4-4(a);
(2) small claims action in which:
(A) a party is required to pay a township docket fee under
IC 33-34-8-1(a)(1); or
(B) the clerk is required to collect a small claims costs fee
under IC 33-37-4-6; or
(3) probate action in which the clerk is required to collect a
probate costs fee under IC 33-37-4-7(a);
the clerk shall before July 1, 2025, collect a pro bono legal services fee
of one dollar ($1).
SECTION 7. IC 33-37-7-2, AS AMENDED BY P.L.9-2024,
SECTION 510, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2. (a) The clerk of a circuit court
shall distribute semiannually to the state comptroller as the state share
for deposit in the homeowner protection unit account established by
IC 4-6-12-9 one hundred percent (100%) of the automated record
keeping fees collected under IC 33-37-5-21 with respect to actions
resulting in the accused person entering into a pretrial diversion
program agreement under IC 33-39-1-8 or a deferral program
agreement under IC 34-28-5-1 and for deposit in the state general fund
seventy percent (70%) of the amount of fees collected under the
following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The clerk of a circuit court shall distribute semiannually to the
state comptroller for deposit in the state user fee fund established in
IC 33-37-9-2 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) One hundred percent (100%) of the child abuse prevention
fees collected under IC 33-37-4-1(b)(7).
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(4) One hundred percent (100%) of the domestic violence
prevention and treatment fees collected under IC 33-37-4-1(b)(8).
(5) One hundred percent (100%) of the highway worksite fees
collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(6) Seventy-five percent (75%) of the safe schools fee collected
under IC 33-37-5-18.
(7) One hundred percent (100%) of the automated record keeping
fee collected under IC 33-37-5-21 not distributed under
subsection (a).
(c) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established under
IC 5-2-11.
(d) The clerk of a circuit court shall distribute monthly to the county
auditor one hundred percent (100%) of the late payment fees collected
under IC 33-37-5-22. The county auditor shall deposit fees distributed
by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the county
fiscal body, the county auditor shall deposit forty percent (40%)
of the fees in the clerk's record perpetuation fund established
under IC 33-37-5-2 and sixty percent (60%) of the fees in the
county general fund.
(2) If the county fiscal body has not adopted an ordinance
described in subdivision (1), the county auditor shall deposit all
the fees in the county general fund.
(e) The clerk of the circuit court shall distribute semiannually to the
state comptroller for deposit in the sexual assault victims assistance
fund established by IC 5-2-6-23(d) one hundred percent (100%) of the
sexual assault victims assistance fees collected under IC 33-37-5-23.
(f) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the support and maintenance
fees for cases designated as non-Title IV-D child support cases in
the Indiana support enforcement tracking system (ISETS) or the
successor statewide automated support enforcement system
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collected under IC 33-37-5-6.
(2) The percentage share of the support and maintenance fees for
cases designated as Title IV-D child support cases in ISETS or the
successor statewide automated support enforcement system
collected under IC 33-37-5-6 that is reimbursable to the county at
the federal financial participation rate.
The county clerk shall distribute monthly to the department of child
services the percentage share of the support and maintenance fees for
cases designated as Title IV-D child support cases in ISETS, or the
successor statewide automated support enforcement system, collected
under IC 33-37-5-6 that is not reimbursable to the county at the
applicable federal financial participation rate.
(g) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the small claims service fee
under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
the county general fund.
(2) One hundred percent (100%) of the small claims garnishee
service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
deposit in the county general fund.
(3) Twenty-five percent (25%) of the safe schools fee collected
under IC 33-37-5-18 for deposit in the county general fund.
(h) This subsection does not apply to court administration fees
collected in small claims actions filed in a court described in IC 33-34.
The clerk of a circuit court shall semiannually distribute to the state
comptroller for deposit in the state general fund one hundred percent
(100%) of the following:
(1) The public defense administration fee collected under
IC 33-37-5-21.2.
(2) The judicial salaries fees collected under IC 33-37-5-26.
(3) The DNA sample processing fees collected under
IC 33-37-5-26.2.
(4) The court administration fees collected under IC 33-37-5-27.
(5) The judicial insurance adjustment fee collected under
IC 33-37-5-25.
(i) The proceeds of the service fee collected under
IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
follows:
(1) The clerk shall distribute one hundred percent (100%) of the
service fees collected in a circuit, superior, county, or probate
court to the county auditor for deposit in the county general fund.
(2) The clerk shall distribute one hundred percent (100%) of the
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service fees collected in a city or town court to the city or town
fiscal officer for deposit in the city or town general fund.
(j) The proceeds of the garnishee service fee collected under
IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
follows:
(1) The clerk shall distribute one hundred percent (100%) of the
garnishee service fees collected in a circuit, superior, county, or
probate court to the county auditor for deposit in the county
general fund.
(2) The clerk shall distribute one hundred percent (100%) of the
garnishee service fees collected in a city or town court to the city
or town fiscal officer for deposit in the city or town general fund.
(k) The clerk of the circuit court shall distribute semiannually to the
state comptroller for deposit in the home ownership education account
established by IC 5-20-1-27 one hundred percent (100%) of the
following:
(1) The mortgage foreclosure counseling and education fees
collected under IC 33-37-5-33 (before its expiration on July 1,
2017).
(2) Any civil penalties imposed and collected by a court for a
violation of a court order in a foreclosure action under
IC 32-30-10.5.
(l) The clerk of a circuit court shall distribute semiannually to the
state comptroller for deposit in the pro bono legal services fund
established by IC 33-37-5-34 one hundred percent (100%) of the pro
bono legal services fees collected before July 1, 2025, under
IC 33-37-5-31.
SECTION 8. IC 33-37-7-8, AS AMENDED BY P.L.9-2024,
SECTION 511, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. (a) The clerk of a city or town
court shall distribute semiannually to the state comptroller as the state
share for deposit in the homeowner protection unit account established
by IC 4-6-12-9 one hundred percent (100%) of the automated record
keeping fees collected under IC 33-37-5-21 with respect to actions
resulting in the accused person entering into a pretrial diversion
program agreement under IC 33-39-1-8 or a deferral program
agreement under IC 34-28-5-1 and for deposit in the state general fund
fifty-five percent (55%) of the amount of fees collected under the
following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
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(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(b) The city or town fiscal officer shall distribute monthly to the
county auditor as the county share twenty percent (20%) of the amount
of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(c) The city or town fiscal officer shall retain twenty-five percent
(25%) as the city or town share of the fees collected under the
following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(d) The clerk of a city or town court shall distribute semiannually to
the state comptroller for deposit in the state user fee fund established
in IC 33-37-9 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) One hundred percent (100%) of the highway worksite fees
collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(4) Seventy-five percent (75%) of the safe schools fee collected
under IC 33-37-5-18.
(5) One hundred percent (100%) of the automated record keeping
fee collected under IC 33-37-5-21 not distributed under
subsection (a).
(e) The clerk of a city or town court shall distribute monthly to the
county auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
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The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established under
IC 5-2-11.
(f) The clerk of a city or town court shall distribute monthly to the
city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
percent (100%) of the following:
(1) The late payment fees collected under IC 33-37-5-22.
(2) The small claims service fee collected under
IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
(3) The small claims garnishee service fee collected under
IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
(4) Twenty-five percent (25%) of the safe schools fee collected
under IC 33-37-5-18.
The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
fees distributed by a clerk under this subsection in the city or town
general fund.
(g) The clerk of a city or town court shall semiannually distribute to
the state comptroller for deposit in the state general fund one hundred
percent (100%) of the following:
(1) The public defense administration fee collected under
IC 33-37-5-21.2.
(2) The DNA sample processing fees collected under
IC 33-37-5-26.2.
(3) The court administration fees collected under IC 33-37-5-27.
(4) The judicial insurance adjustment fee collected under
IC 33-37-5-25.
(h) The clerk of a city or town court shall semiannually distribute to
the state comptroller for deposit in the state general fund seventy-five
percent (75%) of the judicial salaries fee collected under
IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
percent (25%) of the judicial salaries fee collected under
IC 33-37-5-26. The funds retained by the city or town shall be
prioritized to fund city or town court operations.
(i) The clerk of a city or town court shall distribute semiannually to
the state comptroller for deposit in the pro bono legal services fund
established by IC 33-37-5-34 one hundred percent (100%) of the pro
bono legal services fees collected before July 1, 2025, under
IC 33-37-5-31.
HEA 1478 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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