CHAPTER 5. PRACTICE AND PROCEDURE

IC 33-30-5
    Chapter 5. Practice and Procedure

IC 33-30-5-1
Repealed
    (Repealed by P.L.1-2007, SEC.248.)

IC 33-30-5-2
Dockets
    Sec. 2. (a) This section applies after June 30, 2005.
    (b) Each judge of a county court shall maintain the followingdockets:
        (1) An offenses and violations docket.
        (2) A small claims docket for the following:
            (A) All cases where the amount sought or value of theproperty sought to be recovered is not more than sixthousand dollars ($6,000). The plaintiff in a statement ofclaim or the defendant in a counterclaim may waive theexcess of the claim that is over six thousand dollars ($6,000)to bring the claim within the jurisdiction of the small claimsdocket.
            (B) All possessory actions between landlord and tenant inwhich the rent due at the time the action is filed is not morethan six thousand dollars ($6,000).
            (C) Emergency possessory actions between a landlord andtenant under IC 32-31-4.
        (3) A plenary docket for all other civil cases.
As added by P.L.98-2004, SEC.9.

IC 33-30-5-3
Practice and procedure
    Sec. 3. Except as otherwise provided in this article, the practiceand procedure in a county court shall be as provided by statute andIndiana Rules of Procedure as adopted by the supreme court.However, in cases of the small claims docket, the followingexceptions apply:
        (1) Defendants are considered to have complied with the statuteand rule requiring the filing of an answer upon entering anappearance personally or by attorney. The appearance isconsidered a general denial and preserves all defenses andcompulsory counterclaims which may then be presented at thetrial of the cause.
        (2) If, at the trial of the cause, the court determines that thecomplaint is so vague and ambiguous that:
            (A) the defendant was unable to determine the nature of theplaintiff's claim; or
            (B) the plaintiff is surprised by the defense or compulsorycounterclaim raised by the defendant that the plaintiff couldnot reasonably have anticipated;
        the court shall grant a continuance.        (3) The trial must be informal, with the sole objective ofdispensing speedy justice between the parties according to therules of substantive law. The trial may not be bound by thestatutory provisions or rules of practice, procedure, pleadings,or evidence except provisions relating to privilegedcommunications and offers of compromise.
As added by P.L.98-2004, SEC.9.

IC 33-30-5-4
Change of venue
    Sec. 4. Except as provided by statute or by rules of the supremecourt, there is not a right to a change of venue from the county incases in the county court.
As added by P.L.98-2004, SEC.9.

IC 33-30-5-5
Jury trial
    Sec. 5. (a) The filing of a small claim in a county court is deemeda waiver of trial by jury.
    (b) A defendant may, not later than ten (10) days followingservice of the complaint, make demand for a trial by jury byaffidavit:
        (1) stating that there are questions of fact requiring a trial byjury; and
        (2) specifying the facts and that the demand is intended in goodfaith.
    (c) The notice of claim or an additional sheet served with thenotice of claim on the defendant must clearly state:
        (1) the defendant's right to a jury trial; and
        (2) the ten (10) day period in which to file for a jury trial.
    (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 shall lose the claim's statusas a small claim.
As added by P.L.98-2004, SEC.9.

IC 33-30-5-6
Criminal cases
    Sec. 6. With respect to jury trials for criminal cases in a countycourt, the jury must consist of the number of qualified jurors requiredby IC 35-37-1-1. When a jury trial is demanded, the county courtmay call a jury from the list provided and used by the circuit court.
As added by P.L.98-2004, SEC.9.

IC 33-30-5-7
Judgments
    Sec. 7. (a) If a court or jury finds against the defendant, the courtshall specify the terms and conditions for satisfaction of thejudgment. The judgment may be paid in installments.
    (b) The judge may stay the issuance of execution and other

supplementary process during compliance. The stay may be modifiedor vacated by the court.
As added by P.L.98-2004, SEC.9.

IC 33-30-5-8
Court of record
    Sec. 8. A county court is a court of record.
As added by P.L.98-2004, SEC.9.

IC 33-30-5-9
Judgment docket
    Sec. 9. (a) All judgments rendered in civil actions must beproperly recorded in the judgment docket book of a county court.Judgments are liens on real estate when the judgment is entered inthe county court judgment docket in the same manner as judgmentsin a court of general jurisdiction become liens on real estate underIC 34-55-9.
    (b) The clerk of the county court shall keep a judgment docket inwhich judgments must be entered and properly indexed in the nameof the judgment defendant as judgments of circuit courts are enteredand indexed.
As added by P.L.98-2004, SEC.9.

IC 33-30-5-10
Appeals
    Sec. 10. An appeal of a judgment from a county court must betaken:
        (1) in the same manner and under the same rules and statutes;and
        (2) with the same assessment of costs;
as cases appealed from a circuit court.
As added by P.L.98-2004, SEC.9.