Indiana
Rules of Court
Small Claims
Including Amendments Received Through
January 1, 2022
TABLE OF CONTENTS
Rule 2. Commencement of Action
Rule 8. Informality of Hearing
Rule 10. Dismissal and default
Rule 12.1. Time to file Change of Judge
Rule 13. Small claims litigant's manual
Rule 14. Appointment of referee by circuit judge;
compensation
Rule 15. Method of Keeping Records
Rule 16. Order of Possession of Real Estate
(A) Scope. These rules shall apply to all small
claims proceedings in all courts of the State of Indiana, including Marion
County Small Claims Courts, having jurisdiction over small claims
as defined by relevant Indiana statutes.
(B) Citation. These rules may be cited as S.C.
________.
Rule 2. Commencement of Action
(1) An action under these rules shall
be commenced by the filing of an unverified notice of claim in a court of
competent jurisdiction and by payment of the prescribed filing fee or filing an
order waiving the filing fee.
(2) A plaintiff filing an action
under these rules waives the excess of the plaintiff’s claim over the
jurisdictional maximum of the small claims court or docket in which the case is
decided, and the plaintiff may not later bring a separate action for the
remainder of such claim.
(B)
Form of Notice of Claim.
The notice of claim shall contain:
(1)
The name, street address, and telephone number of the court;
(2)
The name, mailing address, email address, or filing a petition for an order
granting an exemption as to the e-mail address, and telephone number of the plaintiff
and the name, mailing address, and if available, telephone number of the
defendant(s);
(3)
The place, date, and time when the parties are to appear on the claim, which
date shall be set by the court with the objective of dispensing speedy justice
between the parties according to the rules of substantive law;
(4)
A brief statement of the nature and amount of the claim; and
(a) if the claim arises out of written
contract, a copy shall be attached; however, the fact that a copy of such
contract is not in the custody of the plaintiff shall not bar the filing of the
claim; or
(b) if the claim is on an account, an
Affidavit of Debt, in a form substantially similar to Small Claims Appendix A shall
be attached;
(c)
in addition to the requirements set forth above in subsection 4(a) and (b), if
the plaintiff is not the original creditor, and the claim arises from a debt
that is primarily for personal, family, or household purposes, the plaintiff
shall provide an Affidavit of Debt that shall have attached as one or more
Exhibits which shall include:
i.)
a copy of the contract or other writing evidencing the original debt, which
shall contain a signature of the defendant. If a claim is based on credit card
or other debt and no such signed writing evidencing the original debt ever
existed, then copies of documents generated when the debt was incurred or the
credit card was actually used shall be attached; and
ii.)
a chronological listing of the names of all prior owners of the debt and the
date of each transfer of ownership of the debt, beginning with the name of the
original creditor; and
iii.)
a certified or other properly authenticated copy of the bill of sale or other
document that transferred ownership of the debt to the plaintiff.
(5)
A statement that S.C. 8(C) governs who may represent the parties; and a
statement that before an employee who is designated pursuant to that rule to
represent a corporate entity, sole proprietorship, partnership, LLC, LLP, or a
trustee who is designated to represent a Trust may act on behalf of a party in
a small claims case, the designated employee or trustee must file in each case
the certificate of compliance and affidavit required by S.C. 8(C);
(6)
An instruction to the defendant that the defendant should bring to the trial
all documents in the possession of or under the control of the defendant
concerning the claim;
(7)
A statement that if the defendant does not wish to dispute the claim he may
nonetheless appear for the purpose of allowing the court to establish the
method by which the judgment shall be paid;
(8)
The name, street address and telephone number of the person designated by the
court with whom the defendant may communicate if defendant is unable to appear
at the time or place designated in the notice;
(9)
A statement that a default judgment may be entered against the defendant if he
fails to appear on the date specified in the notice of the claim;
(10)
Notice of the defendant's right to a jury trial and that such right is waived
unless a jury trial is requested within ten (10) days after receipt of the
notice of claim; that once a jury trial request has been granted, it may not be
withdrawn without the consent of the other party or parties; and within ten
(10) days after the jury trial request has been granted, the party requesting a
jury trial shall pay the clerk the additional amount required by statute to
transfer the claim to the plenary docket or, in the Marion Small Claims Court,
the filing fee necessary to file a case in the appropriate court of the county;
otherwise, the party requesting a jury trial shall be deemed to have waived the
request;
(11) A
statement that a court may sanction a designated employee or trustee and the
entity the employee or trustee represents for failure to comply with these
rules or local rules of court. Sanctions may include assessment of costs or
reasonable attorney’s fees, the entry of a default judgment, the dismissal of a
claim with or without prejudice, fines, and/or incarceration; and
(12)
Any additional information which may facilitate proper service.
(C) Assistance by Clerk. The clerk of the court shall prepare
and furnish blank notice of claim forms and the clerk of the court, or other
employee of the court as the judge may designate, shall, upon request, assist
individual claimants in the preparation thereof, but all attachments to the
notice of claim shall be furnished by the claimant.
(D) Number of Claims and Attachments. All claims and attachments thereto
shall be filed in such quantity that one copy may remain on file with the
clerk, one copy may be delivered to the claimant, and one copy may be served on
each defendant.
(E) Documents and Information Excluded from Public
Access and Confidential Pursuant to the Rules on Access to Court Records. Documents and information excluded
from public access pursuant to the Rules on Access to Court Records shall be
filed in accordance with Trial Rule 5(G).
(A) General
Provision. For the
purpose of service the notice of claim shall also be considered to be the
summons. A copy of the notice of claim shall be served upon each defendant.
Service may be made by sending a copy by certified mail with return receipt
requested, or by delivering a copy to the defendant personally, or by leaving a
copy at the defendant's dwelling house or usual place of abode, or in any other
manner provided in Trial Rules 4.1 through 4.16. Whenever service is made by
leaving a copy at defendant's dwelling house or usual place of abode, the
person making the service also shall send by first class mail a copy of the
notice of claim to the last known address of the person being served.
(B) Designation
of Constable in the Marion County Small Claims Court. Pursuant to Trial Rule 4.12, the
Marion County Small Claims Court judge may appoint the elected township
constable and deputies as the persons specifically designated by the court to
effect service in person. An order with the names of the respective constable
and deputies shall be entered in the Record of Judgments and Orders of the
particular division of the Small Claims Court.
(C) Designation
of Manner of Service in the Marion County Small Claims Court. A person seeking service of a notice
of claim filed in the Marion County Small Claims Court, or his or her attorney,
may designate upon the notice of claim the manner of service as either in
person by the constable or by certified mail or other public means by which a
written acknowledgment of receipt may be requested and obtained, as provided in
Trial Rule 4.1. The judge of a Marion County Small Claims Court may designate
by order an employee as bailiff for the purpose of effecting service of process
by certified mail and collecting appropriate fees. If the manner of service is
not designated by the person seeking service, the clerk of the court shall note
such absence on the notice of claim and shall promptly deliver the notice of
claim to the employee appointed by the court as bailiff or to the constable for
service by certified mail. The cost for service is set by legislation, and
there shall be no additional charge for first class mail delivery required
pursuant to T.R. 4.1(B).
(D) Return
of Service. The
person making service shall comply promptly with the provisions of Trial Rule
4.15. In addition, he or she shall state on the return of service if service
was made by delivering a copy to a person, naming such person, or by leaving a
copy at the defendant's dwelling or abode, describing the dwelling or abode and
noting any unique features, and shall verify that a copy of the notice of claim
was sent by first class mail and indicate the address to which the notice was
sent. The clerk of court shall note the return of service on the Chronological Case
Summary applicable to the case.
(A) Preservation
of Defenses. All
defenses shall be deemed at issue without responsive pleadings, but this
provision shall not alter the burden of proof.
(B) Entry of
Appearance. For the
purpose of administrative convenience the court may request that the defendant
enter an appearance prior to trial. Such appearance may be made in person, by
telephone or by mail but the fact that no appearance is entered by the
defendant shall not be grounds for default judgment. Whether or not an
appearance is required, a party that wishes to be represented by a designated
employee or trustee must file a certificate of compliance and affidavit
required by S.C. 8(C)(5).
(C) Request for Jury Trial. Notwithstanding any statute to the
contrary, a defendant may request a jury trial by submitting a written request
to the court within ten (10) days after receipt of the notice of claim. No
statement of facts supporting the request or verification of the request is
required. The party requesting a jury trial shall pay the clerk the additional
amount required by statute to transfer the claim to the plenary docket or, in
the Marion Small Claims Court, the filing fee necessary to file a case in the
appropriate court of the county. Unless filed within ten (10) days after
receipt of the notice of claim the right to a jury trial is waived. Once a jury
trial request has been granted, it may not be withdrawn without the consent of
the other party or parties.
(A) Time and
Manner of Filing. If
the defendant has any claim against the plaintiff, the defendant may bring or
mail a statement of such claim to the small claims court within such time as
will allow the court to mail a copy to the plaintiff and be received by the
plaintiff at least seven (7) calendar days prior to the trial. If such
counterclaim is not received within this time the plaintiff may request a
continuance pursuant to S.C. 9. The counterclaim must conform with the
requirements of S.C. 2(B)(4).
(B) Counterclaim
in Excess of Jurisdiction.
Any defendant pursuing a counterclaim to decision waives the excess of the
defendant's claim over the jurisdictional maximum of the small claims docket
and may not later bring a separate action for the remainder of such claim.
Discovery may be had in a manner generally pursuant to the rules
governing any other civil action, but only upon the approval of the court and
under such limitations as may be specified. The court should grant discovery
only upon notice and good cause shown and should limit such action to the
necessities of the case.
All settlements shall be in writing and signed by the plaintiff
and defendant. The settlement shall be filed with the clerk and upon approval
of the court it shall be entered in the small claims judgment docket and shall
have the same effect as a judgment of the court.
Rule 8. Informality of Hearing
(A) Procedure. The trial shall be informal, with
the sole objective of dispensing speedy justice between the parties according
to the rules of substantive law, and shall not be bound by the statutory
provisions or rules of practice, procedure, pleadings or evidence except
provisions relating to privileged communications and offers of compromise.
(B) Witnesses. All testimony shall be given under
oath or affirmation. Witnesses may be called and the court shall have the power
to issue subpoenas to compel their attendance. There shall be no additional fee
charged for the issuance of subpoenas.
(C) Party
Representation. Any
assigned or purchased claim, or any debt acquired from the real party in
interest by a third party cannot be presented or defended by said third party
unless this third party is represented by counsel. In all other cases, the
following rules shall apply:
(1)
Natural Persons. A natural person may represent him/herself or may be
represented by counsel in any small claims proceeding.
(2)
Sole Proprietorship and Partnerships. A sole proprietorship or
partnership may be represented by the sole proprietor or partner, owner,
counsel, or by a designated full-time employee of the business in the
presentation or defense of claims arising out of the business, if the claim
does not exceed six thousand dollars ($6,000.00). However, claims exceeding six
thousand dollars ($6,000.00) must either be defended or presented by counsel or
pro se by the sole proprietor, partner, or owner.
(3)
Corporate Entities, Limited Liability Companies (LLC's), Limited Liability
Partnerships (LLP's), Trusts. All corporate entities, Limited Liability
Companies (LLC's), and Limited Liability Partnerships (LLP's), and Trusts may be
represented by counsel, owner, or by a designated full-time employee of the
corporate entity, or, in the case of a trust by a trustee, in the presentation
or defense of claims arising out of the business if the claim does not exceed six
thousand dollars ($6,000.00). However, claims exceeding six thousand dollars ($6,000.00)
must be defended or presented by counsel.
(4)
Full-Time Employee Designations--Binding Effect of Designations and
Requirements.
(a)
If a corporate entity, sole proprietorship, partnership, LLC, LLP, or trust
designates a full-time employee or trustee to represent it, the corporate
entity, sole proprietorship, partnership, LLC, LLP, or trust will be bound by
any and all agreements and acts relating to the small claims proceedings
entered into by the designated employee or trustee and will be liable for any
and all costs, including those assessed by reason of contempt, levied by a
court against the designated employee or trustee.
(b)
By authorizing a designated full-time employee or trustee to appear under this
Rule, the corporate entity, sole proprietorship, partnership, LLC, LLP, or
trust waives any present or future claim in this or any other forum in excess
of six thousand dollars ($6,000.00).
(c)
No person who is disbarred or suspended from the practice of law in Indiana or
any other jurisdiction may appear as counsel for a corporate entity or on
behalf of a sole proprietorship, partnership, LLC, LLP, or trust under this
rule, but may appear as a designated full-time employee of a corporate entity,
LLC, or LLP, if employed in a non-legal capacity, or as sole proprietor,
partner, trustee, or owner.
(5)
Full-Time Employee or Trustee Designations--Contents. A corporate
entity, sole proprietorship, partnership, LLC, LLP, or trust that wishes to
designate an employee or trustee to represent it must execute a certificate of
compliance in each case expressly appointing the person as its representative
and must state by a duly adopted resolution in the case of a corporate entity,
LLC or LLP; or a document signed under oath by the sole proprietor or managing
partner of a partnership, or trustee that the entity shall be bound by the
designated employee's or trustee’s acts and agreements relating to the small claims
proceeding, and shall be liable for assessments and costs levied by a court
relating to the small claims proceeding, and that the corporate entity, sole
proprietorship, partnership, LLC, LLP, or trust waives any claim for damages in
excess of six thousand dollars ($6,000.00) associated with the facts and
circumstances alleged in the notice of claim. Additionally, the designated
employee or trustee must file in each case an affidavit stating that he/she is
not disbarred or suspended from the practice of law in Indiana or any other
jurisdiction.
(6) Any party
represented by a designated employee or trustee who fails to comply with these
rules or local rules of court may be ordered by the court to appear by counsel
and subject to sanctions, including the assessment of costs or reasonable
attorney’s fees, the entry of a default judgment, and the dismissal of a claim
with or without prejudice. Anyone who engages in conduct that is uncivil or
disruptive to the proceeding may be found in contempt of court, which is
punishable by a fine, incarceration, or both.
(A) Either party may be granted a
continuance for good cause shown. Except in unusual circumstances no party
shall be allowed more than one (1) continuance in any case, and all
continuances must have the specific approval of the court. Continuances shall
be for as short a period as possible, and where feasible the party not
requesting the continuance shall be considered in scheduling a new hearing
date. The court shall give notice of the continuance and the new date and time
of trial to all parties.
(B) Court Designated
Employee. The court
may, by a duly executed order recorded in the Record of Judgments and Orders,
designate a specifically named employee to be responsible for scheduling
hearings under specific directions of the court in said order.
Rule 10. Dismissal and default
(A) Dismissal. If the plaintiff fails to appear at
the time and place specified in the notice of claim, or for any continuance
thereof, the court may dismiss the action without prejudice. If a counterclaim
has been filed the court may grant judgment for the defendant after first
making an inquiry similar to that required by S.C. 10(B) in the case of default
judgments. If the claim is refiled and the plaintiff again fails to appear such
claim may be dismissed with prejudice.
(B) Default. If the defendant fails to appear at
the time and place specified in the notice of claim, or for any continuance
thereof, the court may enter a default judgment against him. Before default
judgment is entered, the court shall examine the notice of claim and return
thereof and make inquiry, under oath, of those present so as to assure the
court that:
(1) Service of
notice of claim was had under such circumstances as to establish a reasonable
probability that the defendant received such notice;
(2) Within the
knowledge of those present, the defendant is not under legal disability and has
sufficient understanding to realize the nature and effect of the notice of
claim;
(3) Either (a) the defendant is not entitled to the protections
against default judgments provided by the Servicemembers Civil Relief Act, as
amended (the “Act”), 50 U.S.C. appx. § 521, or (b) the plaintiff has filed with
the court, subscribed and certified or declared to be true under penalty of
perjury, the affidavit required by the Act (i) stating whether or not the
defendant is in military service and showing necessary facts to support the
affidavit; or (ii) if the plaintiff is unable to determine whether or not the
defendant is in military service, stating that the plaintiff is unable to
determine whether or not the defendant is in military service; and
(4) The
plaintiff has a prima facie case.
After
such assurance, the court may render default judgment and, upon entering such
judgment, shall assess court costs against the defendant.
(C) Setting
Aside Default. Upon
good cause shown the court may, within one year after entering a default
judgment, vacate such judgment and reschedule the hearing of the original
claim. Following the expiration of one year, the judgment debtor may seek a
reversal of the original judgment only upon the filing of an independent
action, as provided in Ind.R.Tr.P. 60(B).
(A) Entry
and Notice of Judgment.
All judgments shall be reduced to writing signed by the court, dated, entered in
the Record of Judgments and Orders, and noted in the small claims judgment
docket and the Chronological Case Summary. The Marion County Small Claims Court
shall forward its judgments to the Clerk of the Circuit Court of Marion County
for entry on the Marion County judgment docket. Judgment shall be subject to
review as prescribed by relevant Indiana rules and statutes. Notwithstanding
the provisions of T.R. 5(A), the court shall send notice of all small claims
judgments and all judgments of the Marion County Small Claims Court, whether by
default or not, to the attorneys of record, or if a party is appearing pro
se, to the party of record.
(B) Costs. The party recovering judgment shall
also recover costs regardless of the amount.
(C) Method
of Payment. Modification.
The court may order a judgment paid the prevailing party in any specified
manner. If the judgment is not paid as ordered the court may modify its payment
order as it deems necessary.
The judgment
creditor may seek enforcement of his judgment by any other method provided by
law.
(D) Satisfaction/Release
of Judgment. Upon payment in full of a judgment, including
accrued interest and court costs, the judgment creditor shall file a
satisfaction/release of judgment and the Clerk shall note the
satisfaction/release of the judgment on the Chronological Case Summary and on the
Judgment Docket.
Based upon a review of the Clerk's payment records,
the Clerk may, or at the verified request of the judgment debtor, shall issue a
Notice to the judgment creditor that a judgment, including accrued interest and
court costs, has been paid in full and that the judgment should be
satisfied/released. The Notice shall be sent to the judgment creditor and
debtor at the address shown on the Chronological Case Summary. The Clerk shall
note the issuance of the Notice on the Chronological Case Summary. If the
judgment creditor does not agree that the judgment should be
satisfied/released, the judgment creditor shall, within 30 days of the date of
the issuance of the Notice, file a verified objection. If the judgment creditor
does not file an objection or a satisfaction/release of judgment, the judgment
shall be deemed satisfied/released and the Clerk shall note the
satisfaction/release of the judgment on the Chronological Case Summary and on
the Judgment Docket.
(E) Deleted, eff. Jan. 1, 1990.
(F) Effect of Judgment. A judgment shall be res judicata
only as to the amount involved in the particular action and shall not be
considered an adjudication of any fact at issue in any other action or court.
(A)
Proper Venue.
(1) Proper venue for a
case filed in the small claims docket of a Circuit or Superior Court shall be
in the county where the transaction or occurrence took place, where the
obligation was incurred or is to be performed, or where a defendant resides or is
employed at the time the complaint is filed.
(2) Except as provided
in (3) below, proper venue for a case filed in a small claims court created
pursuant to IC 33-34-1-2 shall be in the township where the transaction or
occurrence took place, where the obligation was incurred or is to be performed,
or where a defendant resides or is employed at the time the complaint is filed.
(3) Proper venue of any claim between landlord
and tenant, including but not limited to a claim for rent, possession of real
estate, return of property, return of security deposit or for damages, filed in
a small claims court created pursuant to IC 33-34-1-2 shall be in the township where the
real estate is located, unless there is no small claims court in that township.
(B) Motion
to Correct Venue.
When it appears that the county or township, in the case of small claims courts
created pursuant to IC 33-34-1-2 in which the action is pending is not the
proper place for the hearing of such action, the court shall, on the motion of
a party or upon its own motion, determine the correctness of the venue. If the
venue is incorrect the judge shall, at the option of the plaintiff, order the
action to be transferred or dismissed without prejudice unless the defendant
appears and waives the venue requirement.
(C) No
Waiver of Venue. No
contract or agreement shall operate as a waiver of the provisions of this rule
and the court shall treat any such attempt as being void.
Rule
12.1. Time to file Change of Judge
In any court
exercising small claims jurisdiction, a party shall have ten [10] days from the
date of service of the notice of claim to file a change of judge. When a change
occurs a new judge shall be selected as provided in Trial Rules 79 or 79.1.
Rule 13. Small claims litigant's
manual
An informative small claims manual shall be formulated by the
Judicial Conference of Indiana for distribution to the small claims courts.
Each county shall reproduce such manual and shall make it available to every
litigant and to such other persons or organizations as the court may deem
appropriate.
Rule 14. Appointment of referee by
circuit judge; compensation
In any circuit court exercising small claims jurisdiction, the
circuit judge may appoint a referee to assist the court in performing the
“county court functions.” Such referee shall be an attorney admitted to
practice in Indiana and shall serve at the pleasure of the circuit judge. The
referee shall have such authority as the circuit judge shall assign by order.
The referee shall be a finder of fact--the decision rendered will be that of
the circuit judge.
Such referee shall be paid reasonable compensation, including a
mileage allowance to be determined by the appointing circuit court judge. In recommending
to the Supreme Court of Indiana appropriate compensation, the appointing
circuit court judge shall consider the estimated caseload, the amount of work
time needed to fulfill the assigned duties, and any other relevant factors
relating to the referee's duties. Compensation shall be reasonably commensurate
with the workload assigned. The amount authorized by the Supreme Court to be
paid shall be paid by the state.
Rule 15. Method of Keeping Records
Under the direction of the Supreme Court of Indiana, the Clerk of
the Circuit Court may, notwithstanding the recordkeeping practices set forth
for small claims proceedings, keep records in any suitable media. The
recordkeeping formats and systems and the quality and permanency requirements
employed for the Chronological Case Summary, the Case File, and the Record of
Judgments and Orders (Order Book) shall be approved by the Indiana Office of
Judicial Administration (IOJA) for compliance with applicable requirements.
Rule 16. Order of Possession of Real
Estate
(A) Time for
Requesting. An order
of possession of real estate shall not be issued if more than thirty (30) days
have passed since the judgment was issued. Thereafter, a plaintiff seeking
possession may do so by filing a new case.
(B) Duration. An order of possession of real
estate shall be effective for no more than thirty (30) consecutive days after
its date of issue. The court shall indicate the specific date of expiration on
the face of each order of possession.