IC 33-29-2
    Chapter 2. Provisions Governing Standard Small Claims andMisdemeanor Division

IC 33-29-2-1
Applicability
    Sec. 1. This chapter applies to each superior court for whichIC 33-33 provides a standard small claims and misdemeanor division.
As added by P.L.98-2004, SEC.8.

IC 33-29-2-2
Dockets
    Sec. 2. The small claims and misdemeanor division of the courthas the following dockets:
        (1) A small claims docket.
        (2) A minor offenses and violations docket.
As added by P.L.98-2004, SEC.8.

IC 33-29-2-3
Repealed
    (Repealed by P.L.1-2007, SEC.248.)

IC 33-29-2-4
Jurisdiction
    Sec. 4. (a) This section applies after June 30, 2005.
    (b) The small claims docket has jurisdiction over the following:
        (1) Civil actions in which the amount sought or value of theproperty sought to be recovered is not more than six thousanddollars ($6,000). The plaintiff in a statement of claim or thedefendant in a counterclaim may waive the excess of any claimthat exceeds six thousand dollars ($6,000) in order to bring itwithin the jurisdiction of the small claims docket.
        (2) Possessory actions between landlord and tenant in which therent due at the time the action is filed does not exceed sixthousand dollars ($6,000).
        (3) Emergency possessory actions between a landlord andtenant under IC 32-31-6.
As added by P.L.98-2004, SEC.8.

IC 33-29-2-5
Exceptions to formal practice and procedure; answer andappearance; continuance; informality
    Sec. 5. (a) The exceptions provided in this section to formalpractice and procedure apply to all cases on the small claims docket.
    (b) A defendant is considered to have complied with the statuteand rule requiring the filing of an answer upon entering anappearance personally or by attorney. The appearance constitutes ageneral denial and preserves all defenses and compulsorycounterclaims, which may then be presented at the trial of the cause.
    (c) If, at the trial of the cause, the court determines:        (1) that the complaint is so vague or ambiguous that thedefendant was unable to determine the nature of the plaintiff'sclaim; or
        (2) that the plaintiff is surprised by a defense or compulsorycounterclaim raised by the defendant that the plaintiff could notreasonably have anticipated;
the court shall grant a continuance.
    (d) The trial shall be conducted informally, with the sole objectiveof dispensing speedy justice between the parties according to therules of substantive law. The trial is not bound by the statutes orrules governing practice, procedure, pleadings, or evidence exceptfor provisions relating to privileged communications and offers ofcompromise.
As added by P.L.98-2004, SEC.8.

IC 33-29-2-6
Change of venue
    Sec. 6. There is no change of venue from the county as of right incases on the small claims docket. However, a change of venue fromthe judge shall be granted as provided by statute and by rules of thesupreme court.
As added by P.L.98-2004, SEC.8.

IC 33-29-2-7
Jury trial; transfer to plenary docket
    Sec. 7. (a) The filing of a claim on the small claims docket isconsidered a waiver of trial by jury.
    (b) A defendant may, not later than ten (10) days followingservice of the complaint in a small claims case, demand a trial byjury by filing an affidavit that:
        (1) states that there are questions of fact requiring a trial byjury;
        (2) specifies those questions of fact; and
        (3) states that the demand is in good faith.
    (c) Notice of the defendant's right to a jury trial, and the ten (10)day period in which to file for a jury trial, shall be clearly stated onthe notice of claim or on an additional sheet to be served with thenotice of claim on the defendant.
    (d) Upon the deposit of seventy dollars ($70) in the small claimsdocket by the defendant, the court shall transfer the claim to theplenary docket. Upon transfer, the claim then loses its status as asmall claim.
As added by P.L.98-2004, SEC.8.

IC 33-29-2-8
Minor offenses and violations docket
    Sec. 8. (a) The minor offenses and violations docket hasjurisdiction over the following:
        (1) All Class D felony cases.
        (2) All misdemeanor cases.        (3) All infraction cases.
        (4) All ordinance violation cases.
    (b) The court shall establish a traffic violations bureau in themanner prescribed by IC 34-28-5-7 through IC 34-28-5-13.
As added by P.L.98-2004, SEC.8.

IC 33-29-2-9
Evening sessions; additional sessions
    Sec. 9. (a) The court shall provide by rule for an evening sessionto be held one (1) time each week.
    (b) The court shall hold additional sessions in the evening and onholidays as necessary to ensure the just, speedy, and inexpensivedetermination of every action.
As added by P.L.98-2004, SEC.8.

IC 33-29-2-10
Requests by executive director of state court administration
    Sec. 10. The court shall comply with all requests made underIC 33-24-6-3 by the executive director of the division of state courtadministration concerning the small claims and misdemeanordivision.
As added by P.L.98-2004, SEC.8.