Ind. Code » Title 33
Indiana Code

Ind. Code § 33-23-2-4 (2026)

Power and control over judgments; retaining after rendering

✓ current as of May 2026
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     Sec. 4. All courts retain power and control over their judgments for ninety (90) days after rendering the judgments in the same manner and under the same conditions as they retained power and control during the term of court in which the judgments were rendered.

[Pre-2004 Recodification Citation: 33-1-6-3.]

As added by P.L.98-2004, SEC.2.

 

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2006–2024 · leading case: Michael Flowers v. State of Indiana, 101 N.E.3d 242 (Ind. Ct. App. 2018).
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Michael Flowers v. State of Indiana, 101 N.E.3d 242 (Ind. Ct. App. 2018). · cites it 14× “Under these circumstances and in light of Ind. Code § 33-23-2-4 , we cannot say that the doctrine of res judicata warrants reversal.”
Pond v. McNellis, 845 N.E.2d 1043 (Ind. Ct. App. 2006). · cites it 2× “July 1, 1997) and replaced by Ind.Code § 33-23-2-4 (2004)), which provided: All courts retain power and control over their judgments for ninety (90) days after rendering the judgments in the same manner and under the same conditions as they retained power and control during the…”
Somerville Auto Transp. Serv., Inc. & Robert Souza v. Auto. Fin. Corp., 12 N.E.3d 955 (Ind. Ct. App. 2014). · cites it 4× “” The trial court’s order setting aside the order of dismissal in this case was entered eight days after its entry of the order of dismissal, and the court’s authority under Ind.Code § 33-23-2-4 was not limited by or inconsistent with its obligations under Trial Rule 60.”
In Re the Est. of Wheat, 858 N.E.2d 175 (Ind. Ct. App. 2006). · cites it 2× “Case Summary Barbara Whitman, personal representative of the Estate of Alethea Wheat ("PR"), appeals the trial court's October 5, 2005, order holding her liable for certain financial miscaleulations involving the distribution of Estate assets to beneficiaries of Wheat's will,…”
Conroad Assocs., L.P. v. Castleton Corner Owners Ass'n, Inc., 205 N.E.3d 1001 (Ind. 2023). · cites it 2× “from a judgment” for eight specific reasons); see also Ind. Code § 33-23-2-4 . But none of these bases were invoked here.”
Starr Indem. & Liab. Co. v. NIBCO INC., No. 23A-PL-01343 (Ind. Ct. App. Feb. 26, 2024). · cites it 2× “60(B), because it was “more akin to a mechanical mistake than a substantive mistake in character” and because the trial court still retained power and control over the judgment under Ind. Code § 33-23-2-4 . Somerville, 12 N.”
In the Matter of the Termination of the Parent-Child Relationship of: G.S.T. & C.T. (Minor Child.), & G.T. (Father) v. The Indiana Dep't of Child Servs., No. 82A04-1312-JT-603 (Ind. Ct. App. Aug. 14, 2014). · cites it 2× “In addition, Indiana Code section 33-23-2-4 states that Indiana courts “retain power and control over their judgments for ninety (90) days after rendering the judgments in the same manner and under the same conditions as they retained power and control during the term of court…”
Mark Kevin Liston v. State of Indiana, No. 45A05-1207-CR-385 (Ind. Ct. App. June 12, 2013). · cites it 2× “at *1-2 (citing Ind. Code § 33-23-2-4 (2004) (“All courts retain power and control over their judgments for ninety (90) days after rendering the judgments in the same manner and under the same conditions as they retained power and control during the term of court in which the…”
Anthony Minney v. State of Indiana, No. 49A02-1206-CR-481 (Ind. Ct. App. Apr. 29, 2013). · cites it 2× “Therefore, Court G01’s modification under 2 We note that Indiana Code section 33-23-2-4 provides that “All courts retain power and control over their judgments for ninety (90) days after rendering the judgments in the same manner and under the same conditions as they retained…”
Mark Kevin Liston v. State of Indiana, No. 45A05-1207-CR-385 (Ind. Ct. App. Mar. 25, 2013). · cites it 2× “He points to Indiana Code section 33-23-2-4 (2004), which provides: “All courts retain power and control over their judgments for ninety (90) days after rendering the judgments in the same manner and under the same conditions as they retained power and control during the term of…”
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