FAQ's FOR SUPERIOR COURT 2
Jurors & General
Q: I received a jury questionnaire, does this mean I have to serve on a jury?
A: Maybe. It means that you are one of about 2000 Shelby County citizens that are in a 6 month jury pool. For the next six months, the 3 Shelby County Courts (Circuit, Superior Court 1 and Superior Court 2) will electronically dip into that pool and randomly remove a panel of about 50 jurors for each trial. There are about 6 jury trial settings each month between all three courts. That panel of jurors will report to the courthouse where they will either be selected or rejected by the parties to the lawsuit. Selected jurors will be seated as the jury and will hear the case. Those rejected or not needed will be released. If you were released, you will be moved to the back of the line in your pool of 2000. If you served on the jury, you may request to be excused from additional jury service for the next 2 years. This does not apply to Federal Jury Service, in theory you could have to serve on both a State and Federal jury (but not at the same time of course).
Q: How do i get out of jury duty?
A: You can request an exemption or a deferral. Exemptions are very limited by law and deferrals are at the discretion of the Judge of the court where the jury is to take place. Send a Request for Exemption/Deferral to the court from whom you received the jury notice.
Q: I’m having trouble logging onto Zoom.
A: Download the app onto your phone or computer instead of using the browser, or alternatively, use the browser instead of the app. The passwords are case sensitive. Use all capital letters for the criminal session password and all lower case letters for the civil sessions. Many audio issues can be resolved by toggling the mute/unmute button.
Q: I want to file a motion, what kind of form do I use?
A: The court cannot provide legal advice but the Indiana Supreme Court has a self-help form library online which you may find useful. You can also find legal forms at Indianalegalhelp.org. Any motion or other correspondence must be sent to all other parties in the lawsuit. You must certify on your motion or correspondence that you have sent a copy to all other parties in the lawsuit. Small claims litigants should use forms found on the Superior Court 2 small claims website.
Q: Where are the public restrooms in the Courthouse?
A: Just past security check-in on the first floor when you enter the courthouse.
Q: What type of clothing should I wear to court?
A: Rely upon the advice of your attorney. If you don't have an attorney, you cannot be too well-dressed for court. Your clothing can send a message that may be either positively or negatively received by the Court or jurors. You should be mindful of that when dressing for court.
Q: Can I talk to the judge about my case?
A: Generally the answer is no. You can speak with the judge only if the other parties are present. Otherwise, this is call ex-parte communication and the law doesn't allow it. The law requires that both parties be present when speaking with the judge so that the judge doesn't hear just one side of the case.
Q: What does the case number mean?
A: 73D02 = The case is in Superior Court 2. 73D01= The case is in Superior Court 1. 73C01 = The case is in Shelby Circuit Court. The case numbering system is governed by Indiana Administrative Rule 8. The uniform case numbering system consists of four groups of characters arranged in a manner to identify the court, the year/month of filing, the case type and the filing sequence. The following is an example of the case number to be employed: 73D02-2401-CM-1. Shelby County is the 73rd county alphabetically in the State of Indiana. The year is 2024. January is the 1st month of 2024. CM is a criminal misdemeanor case. 1 is the first criminal case of the year.
Q: Will my Motion to Continue be granted?
A: Maybe/maybe not. It is up to the Judge. The Court understands that life happens, but last minute continuances are highly disfavored. While it is helpful that the other party does not oppose the Motion to Continue, the Judge alone runs the court calendar. Silence to a Motion to Continue should not be viewed as implicit approval of the Motion to Continue. Moreover, the Judge does not constantly scan the e-filing queue looking for last minute Motions to Continue. Parties should plan to appear unless they have knowledge the Judge has agreed to continue the matter.
Small Claims/Civil Cases
Q: How do I get exhibits before the Court in a virtual hearing?
A: Label each exhibit and file them with the Court at least 2 days before the hearing. If you are a plaintiff label your exhibits with numbers. If you are a defendant label your exhibits with letters. If you have photos you should submit them on either good paper or photopaper. Due to security issues, the court generally will not accept a thumb drive for photos. Let the court know if you want any exhibits back. You must also give a copy of your proposed exhibits to the opposing party.
Q: Can an employee of a property management company represent a landlord in a small claims eviction case?
A: An employee of a property management company can be a witness, but in general, a case should not be filed in the name of the property management company, nor should the property management company represent the landlord in court. Small Claims Rule 8 contains exceptions where a person is a full time employee of the landlord. In general the landlord is the proper party to the lawsuit and the eviction should be filed in the name of the landlord. This can be a complicated area of the law. An attorney should be consulted prior to filing the eviction.
Q: I have my small claims judgment, but now they won’t pay. What can I do?
A: If payment is not made after judgment, you have several legal methods of trying to collect on the judgment. However, your actions must always comply with Fair Debt Collection Act. Collecting on a judgment is called Proceedings Supplemental. Proceedings supplemental can be complicated and are often frustrating for self-represented Plaintiff’s. Plaintiffs should consider hiring a lawyer for this stage of the proceedings
1. Debtor Query.
The debtor comes back to court and is questioned under oath by the Plaintiff (not by the Judge) about the debtor’s ability to pay (income, assets, liabilities, family size, etc.). To do a Debtor Query file a Request for Debtor to Appear with the court and send a copy of the request to the debtor’s last known address. The point of the hearing is to discover if the judgment debtor has non-exempt assets that can be seized or sold to pay the debt. Some assets or income are exempt for seizure or sale. Questions at the hearing should therefore concentrate on income and assets. It is not an opportunity to badger the debtor about not paying the debt. Some income is exempt from collection. For example, a court may not force someone to use social security disability payments to pay a judgment. If the debtor fails to appear at the Query Hearing, you may then file a Rule to Show Cause. At the Rule to Show Cause the court will decide if the debtor should be held in contempt for not appearing at the Query Hearing.
If the debtor is personally served with the order to appear for the Rule to Show Cause hearing, and if the debtor fails to appear at the Rule to Show cause hearing, the court may then issue a Writ of Attachment for the debtor.
A Writ of Attachment commands the Sheriff to arrest the debtor and bring them to court so that they can explain why they have not appeared as ordered. It is important to note that the Writ is not about the lack of payment, it is about the failure to appear. The Plaintiff must supply the court with sufficient identifiers (height, weight, eye & hair color plus DOB or DOB plus Social Security Number) before the Court can issue a Writ of Attachment. Parties must comply with the Indiana Rules on Access to Court Records when filing confidential information such as SSN.
2. Employer Interrogatories & Garnishment.
If you discover the debtor is employed, and you know the address of the employer, you may file Interrogatories with the Clerk to be issued to the employer. Interrogatories consist of a series of questions for the employer. The Court can determine from the answers to the Interrogatories whether the debtor is garnishable. The employer will be considered a 3rd party garnishee defendant to the lawsuit.
If the employer admits they employ the debtor, (often called “positive interrogatories”) you may be able to garnish the debtor's wages. State law regulates the amount and the kinds of income that can be garnished.
As a rule of thumb, the first $217.50 of weekly take-home pay is exempt, and the maximum that can be taken out each week is one-fourth of the disposable income.
Only one garnishment can be deducted at one time; it is important to "get in line" because garnishment orders are paid in the order that they are received by the employer. If the debtor changes jobs, you will have to send Interrogatories to the new employer.
3. Execution Against Personal Property.
The personal property of the debtor can be attached and sold at execution. This means of collection is strictly controlled by statute and subject to many exemptions. For that reason, it is advisable that you consult with an attorney if you think execution against personal property might be worthwhile.
4. IF THE DEBTOR DIES.
If the debtor dies before the judgment is paid, you may attempt to collect what is owed by filing a claim against the debtor's estate within three (3) months.
5. IF THE DEBTOR FILES BANKRUPTCY:
If it is shown to the Court that the debtor has filed bankruptcy and your judgment is listed in the bankruptcy petition, the Court is required by the Federal law to stop collection proceedings. In that case, your only remedy is in Bankruptcy Court.
See the small claims manual for additional information which can be found at https://www.in.gov/judiciary/2710.htm.
Criminal Cases
Q: If I want to plead guilty but don’t want to go to jail, what alternatives are there?
A: A lawyer would be in the best position to answer this question. However, you do have the right to represent yourself. Incarceration is a tool of the court, but it isn’t the only tool. Probation and Community Corrections are alternatives to incarceration and have been combined in Shelby County to Court Services. Pre-approval for Community Corrections programs is highly desired by the Court if you are seeking that as an alternative to incarceration.
Q: I have an outstanding warrant, can I get it recalled?
A; Requests to recall a warrant are rarely granted, but such requests must be filed with the Court and a copy of the request must be sent to the Prosecutor. Usually the Court requires the person to turn themselves in at the Shelby County Jail. Generally, a person that reports to the jail before 6 am on a Superior Court 2 warrant will be seen by the Court later that morning.
Q: Does the Shelby Superior 2 Court generally allow waiver of Initial hearings?
A: No. However, counsel are often excused from appearing if they have a conflict.