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Repealed
(Repealed by P.L.1-2007, SEC.248.)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 following
dockets:
(1) An offenses and violations docket.
(2) A small claims docket for the following:
(A) All cases where 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 the claim that is over six thousand dollars ($6,000)
to bring the claim within the jurisdiction of the small claims
docket.
(B) All possessory actions between landlord and tenant in
which the rent due at the time the action is filed is not more
than six thousand dollars ($6,000).
(C) Emergency possessory actions between a landlord and
tenant 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 practice
and procedure in a county court shall be as provided by statute and
Indiana Rules of Procedure as adopted by the supreme court.
However, in cases of the small claims docket, the following
exceptions apply:
(1) Defendants are 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 is
considered a general denial and preserves all defenses and
compulsory counterclaims which may then be presented at the
trial of the cause.
(2) If, at the trial of the cause, the court determines that the
complaint is so vague and ambiguous that:
(A) the defendant was unable to determine the nature of the
plaintiff's claim; or
(B) the plaintiff is surprised by the defense or compulsory
counterclaim raised by the defendant that the plaintiff could
not reasonably have anticipated;
the court shall grant a continuance.
(3) The trial must be informal, with the sole objective of
dispensing speedy justice between the parties according to the
rules of substantive law. The trial may not be bound by the
statutory provisions or rules of practice, procedure, pleadings,
or evidence except provisions relating to privileged
communications 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 supreme
court, there is not a right to a change of venue from the county in
cases 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 deemed
a waiver of trial by jury.
(b) A defendant may, not later than ten (10) days following
service of the complaint, make demand for a trial by jury by
affidavit:
(1) stating that there are questions of fact requiring a trial by
jury; and
(2) specifying the facts and that the demand is intended in good
faith.
(c) The notice of claim or an additional sheet served with the
notice 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 claims
docket by the defendant, the court shall transfer the claim to the
plenary docket. Upon transfer, the claim shall lose the claim's status
as 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 county
court, the jury must consist of the number of qualified jurors required
by IC 35-37-1-1. When a jury trial is demanded, the county court
may 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 court
shall specify the terms and conditions for satisfaction of the
judgment. 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 modified
or 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 be
properly recorded in the judgment docket book of a county court.
Judgments are liens on real estate when the judgment is entered in
the county court judgment docket in the same manner as judgments
in a court of general jurisdiction become liens on real estate under
IC 34-55-9.
(b) The clerk of the county court shall keep a judgment docket in
which judgments must 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.9.
IC 33-30-5-10
Appeals
Sec. 10. An appeal of a judgment from a county court must be
taken:
(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.