CHAPTER 3. JURISDICTION, RULES, AND PROCEDURE
IC 33-34-3
Chapter 3. Jurisdiction, Rules, and Procedure
IC 33-34-3-1
Venue in township small claims court within county
Sec. 1. (a) Except for a claim between landlord and tenant, a casewithin 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, upona motion for change of venue filed by the defendant within ten (10)days of service of the summons, the township small claims courtshall determine in accordance with subsection (b) whether requiredvenue lies with the court or with another small claims court in thecounty in which the small claims court action was filed.
(b) The venue determination to be made under subsection (a) mustbe made in the following order:
(1) In an action upon a debt or account, venue is in the townshipwhere any defendant has consented to venue in a writing signedby the defendant.
(2) Venue is in the township where a transaction or occurrencegiving rise to any part of the claim took place.
(3) Venue is in the township (in a county of the small claimscourt) where the greater percentage of individual defendantsincluded in the complaint resides, or, if there is not a greaterpercentage, the place where any individual named as adefendant:
(A) resides;
(B) owns real estate; or
(C) rents an apartment or real estate or where the principaloffice or place of business of any defendant is located.
(4) Venue is in the township where the claim was filed if thereis no other township in the county in which the small claimscourt sits in which required venue lies.
(c) Venue of any claim between landlord and tenant must be in thetownship where the real estate is located.
(d) If a written motion challenging venue is received by the smallclaims court, the court shall rule whether required venue lies in thetownship of filing.
As added by P.L.98-2004, SEC.13.
IC 33-34-3-2
Contract and tort jurisdiction
Sec. 2. The court has original and concurrent jurisdiction with thecircuit and superior courts in all civil cases founded on contract ortort in which the debt or damage claimed does not exceed sixthousand dollars ($6,000), not including interest or attorney's fees.
As added by P.L.98-2004, SEC.13.
IC 33-34-3-3
Possessory actions
Sec. 3. The court has original and concurrent jurisdiction with thecircuit and superior courts in possessory actions between landlordand tenant in which the past due rent at the time of filing does notexceed six thousand dollars ($6,000). The court also has original andconcurrent jurisdiction with the circuit and superior courts in actionsfor the possession of property where the value of the property soughtto be recovered does not exceed six thousand dollars ($6,000). Thesejurisdictional limitations are not affected by interest and attorney'sfees.
As added by P.L.98-2004, SEC.13.
IC 33-34-3-4
Emergency possessory actions
Sec. 4. The court has original and concurrent jurisdiction with thecircuit and superior court in emergency possessory actions betweena landlord and tenant under IC 32-31-6.
As added by P.L.98-2004, SEC.13.
IC 33-34-3-5
Jurisdiction denied
Sec. 5. The small claims court has no jurisdiction:
(1) in actions seeking injunctive relief or involving partition ofreal estate;
(2) in actions to declare or enforce any lien except as providedin section 14 of this chapter;
(3) in actions in which the appointment of a receiver is asked;or
(4) in suits for dissolution or annulment of marriage.
As added by P.L.98-2004, SEC.13.
IC 33-34-3-6
Adoption of rules
Sec. 6. The judge of the circuit court, assisted by the judges of thesmall claims court, shall make and adopt uniform rules forconducting 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.
As added by P.L.98-2004, SEC.13.
IC 33-34-3-7
Rules of practice
Sec. 7. A simplified procedure shall be established by rule toenable 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 consultingor being represented by an attorney.
As added by P.L.98-2004, SEC.13.
IC 33-34-3-8
Service of process
Sec. 8. (a) Upon the filing of a complaint, service of originalprocess shall be attempted by personal service of the summons andcomplaint on the defendant, which may include leaving a copy of theservice at the last known place of residence of the party if the processserver properly describes on the return the residence, noting any ofits unique features, and mailing by first class a copy of the servicewithout charge to the party at the same last known place of residence.
(b) If service cannot be made in this manner, service of processshall be made in an alternate manner as provided by the IndianaRules of Civil Procedure.
(c) Subsequent service of process, other than that originallyserved upon filing of the complaint, may be made by registered orcertified mail or another manner authorized by the Indiana Rules ofCivil Procedure.
As added by P.L.98-2004, SEC.13.
IC 33-34-3-9
Trial
Sec. 9. A trial:
(1) must be informal, with the sole objective of dispensingspeedy justice between the parties according to the rules ofsubstantive law; and
(2) may not be bound by the statutory provisions or rules ofpractice, procedure, pleadings, or evidence, except theprovisions relating to privileged communications and offers ofcompromise.
As added by P.L.98-2004, SEC.13.
IC 33-34-3-10
No trial by jury
Sec. 10. There may not be a trial by jury in the small claims court.
As added by P.L.98-2004, SEC.13.
IC 33-34-3-11
Waiver of trial by jury; transfer of claim
Sec. 11. (a) A filing of a civil claim in the small claims courtconstitutes a waiver of trial by jury by the plaintiff.
(b) A defendant in a small claims case waives the right to trial byjury unless the defendant requests a jury trial at least three (3)calendar days before the trial date that appears on the complaint.Upon the filing of a jury trial request, the small claims court shalltransfer the claim to the superior court of the county. The defendantshall pay all costs necessary for filing the claim in the superior courtas if the cause had been filed initially in that court.
(c) A notice of claim filed in the small claims court must includea statement that reflects the provisions of subsection (b).
As added by P.L.98-2004, SEC.13.
IC 33-34-3-12
Judicial notice
Sec. 12. The small claims court shall take judicial notice ofmunicipal, city, and town ordinances.
As added by P.L.98-2004, SEC.13.
IC 33-34-3-13
Satisfaction of judgment
Sec. 13. (a) If the judgment or order is against the defendant, thedefendant shall pay the judgment at any time and upon terms andconditions as the judge orders.
(b) If the judge orders that the judgment be paid in specifiedinstallments, the judge may stay the issuance of execution and othersupplementary process during the period of compliance with theorder.
(c) A stay ordered under subsection (b) may be modified orvacated by the court.
As added by P.L.98-2004, SEC.13.
IC 33-34-3-14
Judgments; lien on real estate
Sec. 14. (a) All judgments rendered in civil actions may berecorded in the judgment docket book of the proper division of thesmall claims court.
(b) A judgment entered by a small claims court is a lien on realestate when entered in the circuit court judgment docket in the samemanner as a judgment in a court of general jurisdiction becomes alien on real estate under IC 34-55-9.
(c) The clerk of the small claims court shall keep a docket inwhich judgments shall 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.13.
IC 33-34-3-15
Appeals
Sec. 15. (a) All appeals from judgments of the small claims courtshall be taken to the superior court of the county and tried de novo.
(b) The rules of procedure for appeals must be in accordance withthe rules established by the superior court.
(c) The appellant shall pay all costs necessary for the filing of thecase in the superior court, as if the appeal were a case that had beenfiled initially in that court.
As added by P.L.98-2004, SEC.13.