Sec. 1. (a) Except for a claim between landlord and tenant, a case within the jurisdiction of a small claims court may be: (1) venued; (2) commenced; and (3) decided; in any township small claims court within the county. However, upon a motion for change of venue filed by the defendant within ten (10) days […]
Sec. 10. There may not be a trial by jury in the small claims court. [Pre-2004 Recodification Citation: 33-11.6-4-9.] As added by P.L.98-2004, SEC.13.
Sec. 11. (a) A filing of a civil claim in the small claims court constitutes a waiver of trial by jury by the plaintiff. (b) A defendant in a small claims case waives the right to trial by jury unless the defendant requests a jury trial at least three (3) calendar days before the trial […]
Sec. 12. The small claims court shall take judicial notice of municipal, city, and town ordinances. [Pre-2004 Recodification Citation: 33-11.6-4-11.] As added by P.L.98-2004, SEC.13.
Sec. 13. (a) If the judgment or order is against the defendant, the defendant shall pay the judgment at any time and upon terms and conditions as the judge orders. (b) If the judge orders that the judgment be paid in specified installments, the judge may stay the issuance of execution and other supplementary process […]
Sec. 14. (a) All judgments rendered in civil actions may be recorded in the judgment docket book of the proper division of the small claims court. (b) A judgment entered by a small claims court is a lien on real estate when entered in the circuit court judgment docket in the same manner as a […]
Sec. 15. (a) This section applies only to a judgment of the small claims court entered before July 1, 2018. (b) All appeals from judgments of the small claims court shall be taken to the circuit court or superior court of the county and tried de novo. (c) The rules of procedure for appeals must […]
Sec. 15.1. (a) This section applies only to a judgment of the small claims court entered after June 30, 2018. (b) All appeals from judgments of the small claims court shall be taken to the court of appeals in the same manner as a judgment from a circuit or superior court. As added by P.L.170-2015, […]
Sec. 2. The court has original and concurrent jurisdiction with the circuit and superior courts in all civil cases founded on contract or tort in which the debt or damage claimed does not exceed ten thousand dollars ($10,000), not including interest or attorney’s fees. [Pre-2004 Recodification Citation: 33-11.6-4-2.] As added by P.L.98-2004, SEC.13. Amended by […]
Sec. 3. The court has original and concurrent jurisdiction with the circuit and superior courts in possessory actions between landlord and tenant in which the past due rent at the time of filing does not exceed ten thousand dollars ($10,000). The court also has original and concurrent jurisdiction with the circuit and superior courts in […]
Sec. 4. The court has original and concurrent jurisdiction with the circuit and superior court in emergency possessory actions between a landlord and tenant under IC 32-31-6. [Pre-2004 Recodification Citation: 33-11.6-4-3.5.] As added by P.L.98-2004, SEC.13.
Sec. 5. The small claims court has no jurisdiction: (1) in actions seeking injunctive relief or involving partition of real estate; (2) in actions to declare or enforce any lien except as provided in section 14 of this chapter; (3) in actions in which the appointment of a receiver is asked; or (4) in suits […]
Sec. 6. (a) The judge of the circuit court, assisted by the judges of the small claims court, shall make and adopt uniform rules for conducting the business of the small claims court: (1) according to a simplified procedure; and (2) in the spirit of sections 7 and 9 of this chapter. (b) The judge […]
Sec. 7. A simplified procedure shall be established by rule to enable any person, including the state, to: (1) file the necessary papers; and (2) present the person’s case in court; either to seek or to defend against a small claim without consulting or being represented by an attorney. [Pre-2004 Recodification Citation: 33-11.6-4-6.] As added […]
Sec. 8. (a) Upon the filing of a complaint, service of original process shall be attempted by personal service of the summons and complaint on the defendant, which may include leaving a copy of the service at the last known place of residence of the party if the process server properly describes on the return […]
Sec. 9. A trial: (1) must be informal, with the sole objective of dispensing speedy justice between the parties according to the rules of substantive law; and (2) may not be bound by the statutory provisions or rules of practice, procedure, pleadings, or evidence, except the provisions relating to privileged communications and offers of compromise. […]
