CHAPTER 3. SMALL CLAIMS AND MISDEMEANOR DIVISION
IC 33-28-3
Chapter 3. Small Claims and Misdemeanor Division
IC 33-28-3-1
Applicability of chapter to circuit courts having standard small
claims and misdemeanor division
Sec. 1. This chapter applies to each circuit court for which this
title provides a standard small claims and misdemeanor division.
As added by P.L.98-2004, SEC.7.
IC 33-28-3-2
Dockets
Sec. 2. The small claims and misdemeanor division of the court
has the following dockets:
(1) A small claims docket.
(2) A minor offenses and violations docket.
As added by P.L.98-2004, SEC.7.
IC 33-28-3-3
Repealed
(Repealed by P.L.1-2007, SEC.248.)
IC 33-28-3-4
Jurisdiction of small claims docket
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 the
property sought to be recovered is not more than six thousand
dollars ($6,000). The plaintiff in a statement of claim or the
defendant in a counterclaim may waive the excess of any claim
that exceeds six thousand dollars ($6,000) in order to bring it
within the jurisdiction of the small claims docket.
(2) Possessory actions between landlord and tenant in which the
rent due at the time the action is filed does not exceed six
thousand dollars ($6,000).
(3) Emergency possessory actions between a landlord and
tenant under IC 32-31-6.
As added by P.L.98-2004, SEC.7.
IC 33-28-3-5
Exceptions to formal practice and procedure; answer and
appearance; continuance; informality
Sec. 5. (a) The exceptions provided in this section to formal
practice and procedure apply to all cases on the small claims docket.
(b) A defendant is considered to have complied with the statute
and rule requiring the filing of an answer upon entering an
appearance personally or by attorney. The appearance constitutes a
general denial and preserves all defenses and compulsory
counterclaims, which may then be presented at the trial of the case.
(c) If, at the trial of the case, the court determines:
(1) that the complaint is so vague or ambiguous that the
defendant was unable to determine the nature of the plaintiff's
claim; or
(2) that the plaintiff is surprised by a defense or compulsory
counterclaim raised by the defendant that the plaintiff could not
reasonably have anticipated;
the court shall grant a continuance.
(d) The trial shall be conducted informally, with the objective of
dispensing speedy justice between the parties according to the rules
of substantive law. The trial is not bound by the statutes or rules
governing practice, procedure, pleadings, or evidence except for
provisions relating to privileged communications and offers of
compromise.
As added by P.L.98-2004, SEC.7.
IC 33-28-3-6
Change of venue in cases on small claims docket
Sec. 6. There is no change of venue from the county as of right in
cases on the small claims docket. However, a change of venue from
the judge shall be granted as provided by statute and by rules of the
supreme court.
As added by P.L.98-2004, SEC.7.
IC 33-28-3-7
Waiver of trial by jury; demand for jury trial; transfer to plenary
docket
Sec. 7. (a) The filing of a claim on the small claims docket is
considered a waiver of trial by jury.
(b) The defendant may, not later than ten (10) days following
service of the complaint in a small claims case, demand a trial by
jury by filing an affidavit that:
(1) states that there are questions of fact requiring a trial by
jury;
(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, must be clearly stated on
the notice of claim or on an additional sheet to be served with the
notice of claim on the defendant.
(d) Upon the deposit of seventy dollars ($70) in the small claims
docket by the defendant, the court shall transfer the claim to the
plenary docket. Upon transfer, the claim then loses its status as a
small claim.
As added by P.L.98-2004, SEC.7.
IC 33-28-3-8
Minor offenses and violations docket; jurisdiction; traffic
violations bureau
Sec. 8. (a) The minor offenses and violations docket has
jurisdiction 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 the
manner prescribed by IC 34-28-5-7 through IC 34-28-5-10.
As added by P.L.98-2004, SEC.7.
IC 33-28-3-9
Evening sessions; additional sessions
Sec. 9. (a) The court shall provide by rule for an evening session
to be held once each week.
(b) The court shall hold additional sessions in the evening and on
holidays as necessary to ensure the just, speedy, and inexpensive
determination of every action.
As added by P.L.98-2004, SEC.7.
IC 33-28-3-10
Compliance with requests by executive director of state court
administration
Sec. 10. The court shall comply with all requests made under
IC 33-24-6-3 by the executive director of the division of state court
administration concerning the small claims and misdemeanor
division.
As added by P.L.98-2004, SEC.7.