Sec. 9. (a) An appeal from a judgment of a city court
may be taken to the circuit, superior, or probate court of the county and
tried de novo.
(b) An appeal from a judgment of a town court may be taken to the
superior, circuit, or probate court of the county within thirty (30) days
after the rendition of the judgment and tried de novo.
(c) A prisoner against whom punishment is adjudged by a city court
may appeal to the circuit, superior, or probate court of the county
within thirty (30) days after the judgment. If the prisoner, within the
thirty (30) days, enters into recognizance for the prisoner's appearance
in court and causes to be filed in the court, within forty-five (45) days,
all other papers, documents, and transcripts necessary to complete the
appeal, the appeal stays all further proceedings on the judgment in the
court below. However, the prisoner may remain in jail on the prisoner's
sentence instead of furnishing a recognizance, and an appeal without
recognizance does not stay the execution of the court below.
[Pre-2004 Recodification Citation: 33-10.1-5-9.]
As added by P.L.98-2004, SEC.14. Amended by P.L.201-2011,
SEC.100.
Notes of Decisions
City of Hammond v. John Rostankovski, 119 N.E.3d 113 (Ind. Ct. App. 2019).
· cites it 12× “[10] Accordingly, although at first glance I.C. § 33-35-5-9 permits Hammond to appeal the adverse judgment to the Superior Court and try the Complaint de novo , Indiana's procedural De Novo rules explicitly advance this right only to 'a defendant.”
Anthony G. Taylor v. State of Indiana, 120 N.E.3d 635 (Ind. Ct. App. 2019).
· cites it 4× “Code § 33-35-5-7 (a), and "[a]n appeal from a judgment of a city court may be taken to the circuit, superior, or probate court of the county and tried de novo," Ind. Code § 33-35-5-9 (a). See also Ind. Trial De Novo Rule 2 ("A defendant who has a statutory right to an appeal…”
Bryan Priest v. State of Indiana (Ind. Ct. App. 2023).
· cites it 2× “§ 33-35-5-7(b), and “[a]n appeal from a judgment of a town court may be taken to the superior, circuit, or probate court of the county within thirty (30) days after the rendition of the judgment and tried de novo[,]” I.C. § 33-35-5-9(b); see also Ind. Trial De Novo Rule 2 (“A…”
— Ind. Code § 33-35-5-9(a) — 1 case
City of Hammond v. John Rostankovski, 119 N.E.3d 113 (Ind. Ct. App. 2019).
“[10] Accordingly, although at first glance I.C. § 33-35-5-9 permits Hammond to appeal the adverse judgment to the Superior Court and try the Complaint de novo , Indiana's procedural De Novo rules explicitly advance this right only to 'a defendant.”
— Ind. Code § 33-35-5-9(b) — 1 case
Bryan Priest v. State of Indiana (Ind. Ct. App. 2023).
“§ 33-35-5-7(b), and “[a]n appeal from a judgment of a town court may be taken to the superior, circuit, or probate court of the county within thirty (30) days after the rendition of the judgment and tried de novo[,]” I.C. § 33-35-5-9(b); see also Ind. Trial De Novo Rule 2 (“A…”
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