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 case
within 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, upon
a motion for change of venue filed by the defendant within ten (10)
days of service of the summons, the township small claims court
shall determine in accordance with subsection (b) whether required
venue lies with the court or with another small claims court in the
county in which the small claims court action was filed.
(b) The venue determination to be made under subsection (a) must
be made in the following order:
(1) In an action upon a debt or account, venue is in the township
where any defendant has consented to venue in a writing signed
by the defendant.
(2) Venue is in the township where a transaction or occurrence
giving rise to any part of the claim took place.
(3) Venue is in the township (in a county of the small claims
court) where the greater percentage of individual defendants
included in the complaint resides, or, if there is not a greater
percentage, the place where any individual named as a
defendant:
(A) resides;
(B) owns real estate; or
(C) rents an apartment or real estate or where the principal
office or place of business of any defendant is located.
(4) Venue is in the township where the claim was filed if there
is no other township in the county in which the small claims
court sits in which required venue lies.
(c) Venue of any claim between landlord and tenant must be in the
township where the real estate is located.
(d) If a written motion challenging venue is received by the small
claims court, the court shall rule whether required venue lies in the
township 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 the
circuit and superior courts in all civil cases founded on contract or
tort in which the debt or damage claimed does not exceed six
thousand 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 the
circuit and superior courts in possessory actions between landlord
and tenant in which the past due rent at the time of filing does not
exceed six thousand dollars ($6,000). The court also has original and
concurrent jurisdiction with the circuit and superior courts in actions
for the possession of property where the value of the property sought
to be recovered does not exceed six thousand dollars ($6,000). These
jurisdictional limitations are not affected by interest and attorney's
fees. 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 the
circuit and superior court in emergency possessory actions between
a 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 of
real estate;
(2) in actions to declare or enforce any lien except as provided
in 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 the
small claims court, shall make and adopt uniform rules for
conducting 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 to
enable 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 consulting
or 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 original
process shall be attempted by personal service of the summons and
complaint on the defendant, which may include leaving a copy of the
service at the last known place of residence of the party if the process
server properly describes on the return the residence, noting any of
its unique features, and mailing by first class a copy of the service
without charge to the party at the same last known place of residence.
(b) If service cannot be made in this manner, service of process
shall be made in an alternate manner as provided by the Indiana
Rules of Civil Procedure.
(c) Subsequent service of process, other than that originally
served upon filing of the complaint, may be made by registered or
certified mail or another manner authorized by the Indiana Rules of
Civil 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 dispensing
speedy justice between the parties according to the rules of
substantive law; and
(2) may not be bound by the statutory provisions or rules of
practice, procedure, pleadings, or evidence, except the
provisions relating to privileged communications and offers of
compromise. 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 court
constitutes a waiver of trial by jury by the plaintiff.
(b) A defendant in a small claims case waives the right to trial by
jury 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 shall
transfer the claim to the superior court of the county. The defendant
shall pay all costs necessary for filing the claim in the superior court
as if the cause had been filed initially in that court.
(c) A notice of claim filed in the small claims court must include
a 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 of
municipal, 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, the
defendant shall pay the judgment at any time and upon terms and
conditions as the judge orders.
(b) If the judge orders that the judgment be paid in specified
installments, the judge may stay the issuance of execution and other
supplementary process during the period of compliance with the
order.
(c) A stay ordered under subsection (b) may be modified or
vacated 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 be
recorded in the judgment docket book of the proper division of the
small claims court.
(b) A judgment entered by a small claims court is a lien on real
estate when entered in the circuit court judgment docket in the same
manner as a judgment in a court of general jurisdiction becomes a
lien on real estate under IC 34-55-9.
(c) The clerk of the small claims court shall keep a docket in
which judgments shall be entered and properly indexed in the name
of the judgment defendant as judgments of circuit courts are entered
and 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 court
shall be taken to the superior court of the county and tried de novo.
(b) The rules of procedure for appeals must be in accordance with
the rules established by the superior court.
(c) The appellant shall pay all costs necessary for the filing of the
case in the superior court, as if the appeal were a case that had been
filed initially in that court. As added by P.L.98-2004, SEC.13.
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 case
within 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, upon
a motion for change of venue filed by the defendant within ten (10)
days of service of the summons, the township small claims court
shall determine in accordance with subsection (b) whether required
venue lies with the court or with another small claims court in the
county in which the small claims court action was filed.
(b) The venue determination to be made under subsection (a) must
be made in the following order:
(1) In an action upon a debt or account, venue is in the township
where any defendant has consented to venue in a writing signed
by the defendant.
(2) Venue is in the township where a transaction or occurrence
giving rise to any part of the claim took place.
(3) Venue is in the township (in a county of the small claims
court) where the greater percentage of individual defendants
included in the complaint resides, or, if there is not a greater
percentage, the place where any individual named as a
defendant:
(A) resides;
(B) owns real estate; or
(C) rents an apartment or real estate or where the principal
office or place of business of any defendant is located.
(4) Venue is in the township where the claim was filed if there
is no other township in the county in which the small claims
court sits in which required venue lies.
(c) Venue of any claim between landlord and tenant must be in the
township where the real estate is located.
(d) If a written motion challenging venue is received by the small
claims court, the court shall rule whether required venue lies in the
township 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 the
circuit and superior courts in all civil cases founded on contract or
tort in which the debt or damage claimed does not exceed six
thousand 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 the
circuit and superior courts in possessory actions between landlord
and tenant in which the past due rent at the time of filing does not
exceed six thousand dollars ($6,000). The court also has original and
concurrent jurisdiction with the circuit and superior courts in actions
for the possession of property where the value of the property sought
to be recovered does not exceed six thousand dollars ($6,000). These
jurisdictional limitations are not affected by interest and attorney's
fees. 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 the
circuit and superior court in emergency possessory actions between
a 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 of
real estate;
(2) in actions to declare or enforce any lien except as provided
in 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 the
small claims court, shall make and adopt uniform rules for
conducting 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 to
enable 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 consulting
or 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 original
process shall be attempted by personal service of the summons and
complaint on the defendant, which may include leaving a copy of the
service at the last known place of residence of the party if the process
server properly describes on the return the residence, noting any of
its unique features, and mailing by first class a copy of the service
without charge to the party at the same last known place of residence.
(b) If service cannot be made in this manner, service of process
shall be made in an alternate manner as provided by the Indiana
Rules of Civil Procedure.
(c) Subsequent service of process, other than that originally
served upon filing of the complaint, may be made by registered or
certified mail or another manner authorized by the Indiana Rules of
Civil 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 dispensing
speedy justice between the parties according to the rules of
substantive law; and
(2) may not be bound by the statutory provisions or rules of
practice, procedure, pleadings, or evidence, except the
provisions relating to privileged communications and offers of
compromise. 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 court
constitutes a waiver of trial by jury by the plaintiff.
(b) A defendant in a small claims case waives the right to trial by
jury 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 shall
transfer the claim to the superior court of the county. The defendant
shall pay all costs necessary for filing the claim in the superior court
as if the cause had been filed initially in that court.
(c) A notice of claim filed in the small claims court must include
a 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 of
municipal, 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, the
defendant shall pay the judgment at any time and upon terms and
conditions as the judge orders.
(b) If the judge orders that the judgment be paid in specified
installments, the judge may stay the issuance of execution and other
supplementary process during the period of compliance with the
order.
(c) A stay ordered under subsection (b) may be modified or
vacated 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 be
recorded in the judgment docket book of the proper division of the
small claims court.
(b) A judgment entered by a small claims court is a lien on real
estate when entered in the circuit court judgment docket in the same
manner as a judgment in a court of general jurisdiction becomes a
lien on real estate under IC 34-55-9.
(c) The clerk of the small claims court shall keep a docket in
which judgments shall be entered and properly indexed in the name
of the judgment defendant as judgments of circuit courts are entered
and 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 court
shall be taken to the superior court of the county and tried de novo.
(b) The rules of procedure for appeals must be in accordance with
the rules established by the superior court.
(c) The appellant shall pay all costs necessary for the filing of the
case in the superior court, as if the appeal were a case that had been
filed initially in that court. As added by P.L.98-2004, SEC.13.
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 case
within 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, upon
a motion for change of venue filed by the defendant within ten (10)
days of service of the summons, the township small claims court
shall determine in accordance with subsection (b) whether required
venue lies with the court or with another small claims court in the
county in which the small claims court action was filed.
(b) The venue determination to be made under subsection (a) must
be made in the following order:
(1) In an action upon a debt or account, venue is in the township
where any defendant has consented to venue in a writing signed
by the defendant.
(2) Venue is in the township where a transaction or occurrence
giving rise to any part of the claim took place.
(3) Venue is in the township (in a county of the small claims
court) where the greater percentage of individual defendants
included in the complaint resides, or, if there is not a greater
percentage, the place where any individual named as a
defendant:
(A) resides;
(B) owns real estate; or
(C) rents an apartment or real estate or where the principal
office or place of business of any defendant is located.
(4) Venue is in the township where the claim was filed if there
is no other township in the county in which the small claims
court sits in which required venue lies.
(c) Venue of any claim between landlord and tenant must be in the
township where the real estate is located.
(d) If a written motion challenging venue is received by the small
claims court, the court shall rule whether required venue lies in the
township 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 the
circuit and superior courts in all civil cases founded on contract or
tort in which the debt or damage claimed does not exceed six
thousand 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 the
circuit and superior courts in possessory actions between landlord
and tenant in which the past due rent at the time of filing does not
exceed six thousand dollars ($6,000). The court also has original and
concurrent jurisdiction with the circuit and superior courts in actions
for the possession of property where the value of the property sought
to be recovered does not exceed six thousand dollars ($6,000). These
jurisdictional limitations are not affected by interest and attorney's
fees. 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 the
circuit and superior court in emergency possessory actions between
a 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 of
real estate;
(2) in actions to declare or enforce any lien except as provided
in 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 the
small claims court, shall make and adopt uniform rules for
conducting 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 to
enable 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 consulting
or 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 original
process shall be attempted by personal service of the summons and
complaint on the defendant, which may include leaving a copy of the
service at the last known place of residence of the party if the process
server properly describes on the return the residence, noting any of
its unique features, and mailing by first class a copy of the service
without charge to the party at the same last known place of residence.
(b) If service cannot be made in this manner, service of process
shall be made in an alternate manner as provided by the Indiana
Rules of Civil Procedure.
(c) Subsequent service of process, other than that originally
served upon filing of the complaint, may be made by registered or
certified mail or another manner authorized by the Indiana Rules of
Civil 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 dispensing
speedy justice between the parties according to the rules of
substantive law; and
(2) may not be bound by the statutory provisions or rules of
practice, procedure, pleadings, or evidence, except the
provisions relating to privileged communications and offers of
compromise. 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 court
constitutes a waiver of trial by jury by the plaintiff.
(b) A defendant in a small claims case waives the right to trial by
jury 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 shall
transfer the claim to the superior court of the county. The defendant
shall pay all costs necessary for filing the claim in the superior court
as if the cause had been filed initially in that court.
(c) A notice of claim filed in the small claims court must include
a 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 of
municipal, 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, the
defendant shall pay the judgment at any time and upon terms and
conditions as the judge orders.
(b) If the judge orders that the judgment be paid in specified
installments, the judge may stay the issuance of execution and other
supplementary process during the period of compliance with the
order.
(c) A stay ordered under subsection (b) may be modified or
vacated 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 be
recorded in the judgment docket book of the proper division of the
small claims court.
(b) A judgment entered by a small claims court is a lien on real
estate when entered in the circuit court judgment docket in the same
manner as a judgment in a court of general jurisdiction becomes a
lien on real estate under IC 34-55-9.
(c) The clerk of the small claims court shall keep a docket in
which judgments shall be entered and properly indexed in the name
of the judgment defendant as judgments of circuit courts are entered
and 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 court
shall be taken to the superior court of the county and tried de novo.
(b) The rules of procedure for appeals must be in accordance with
the rules established by the superior court.
(c) The appellant shall pay all costs necessary for the filing of the
case in the superior court, as if the appeal were a case that had been
filed initially in that court. As added by P.L.98-2004, SEC.13.
