reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 91. White County › 33-33-91-3. Judge; Location of Court Sessions

Sec. 3. The White superior court has one (1) judge who shall hold sessions in:
(1) the White County courthouse in Monticello; or
(2) other places in the county that the board of county commissioners of White County may provide.
[Pre-2004 Recodification Citation: 33-5-49-7.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 91. White County › 33-33-91-4. Repealed

[Pre-2004 Recodification Citation: 33-5-49-3.]
As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 91. White County › 33-33-91-5. Repealed

[Pre-2004 Recodification Citation: 33-5-49-11.]
As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 92. Whitley County › 33-33-92-1. Judicial Circuit

Sec. 1. Whitley County constitutes the eighty-second judicial circuit.
[Pre-2004 Recodification Citation: 33-4-1-92.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 92. Whitley County › 33-33-92-2. Establishment of Standard Superior Court

Sec. 2. (a) There is established a court of record to be known as the Whitley superior court.
(b) The Whitley superior court is a standard superior court as described in IC 33-29-1.
(c) Whitley County comprises the judicial district of the court.
[Pre-2004 Recodification Citation: 33-5-50-1.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 92. Whitley County › 33-33-92-3. Judge; Location of Court Sessions

Sec. 3. The Whitley superior court has one (1) judge who shall hold sessions in:
(1) the Whitley County courthouse in Columbia City; or
(2) other places in the county that the board of county commissioners of Whitley County may provide.
[Pre-2004 Recodification Citation: 33-5-50-7.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 92. Whitley County › 33-33-92-4. Small Claims Referee

Sec. 4. (a) If the Whitley county executive establishes the position of small claims referee to serve the Whitley superior court, the judge of the Whitley superior court may appoint a part-time small claims referee under IC 33-29-3 to assist the court in the exercise of its small claims jurisdiction.
(b) The small claims referee is entitled to reasonable compensation not exceeding twenty thousand dollars ($20,000) as recommended by the judge of the Whitley superior court to be paid by the county after the compensation is approved by the county fiscal body. The state shall pay fifty percent (50%) of the salary set under this subsection and the county shall pay the remainder of the salary.
(c) The Whitley County executive shall provide and maintain a suitable courtroom and facilities for the use of the small claims referee, including furniture and equipment, as necessary.
(d) The Whitley superior court shall employ administrative staff necessary to support the functions of the small claims referee.
(e) The county fiscal body shall appropriate sufficient funds for the provision of staff and facilities required under this section.
[Pre-2004 Recodification Citation: 33-5-50-11.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 92. Whitley County › 33-33-92-5. Repealed

[Pre-2004 Recodification Citation: 33-5-50-3.]
As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 92. Whitley County › 33-33-92-6. Repealed

[Pre-2004 Recodification Citation: 33-5-50-11.]
As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 1. Establishment and General Provisions › 33-34-1-1. Judge

Sec. 1. As used in this article, "judge" means the judge of a small claims court established under this chapter unless otherwise indicated.
[Pre-2004 Recodification Citation: 33-11.6-1-2.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 1. Establishment and General Provisions › 33-34-1-2. Establishment of Courts

Sec. 2. (a) There are established township small claims courts in each county containing a consolidated city.
(b) The name of each court shall be the "__________ Township of Marion County Small Claims Court" (insert the name of the township in the blank).
[Pre-2004 Recodification Citation: 33-11.6-1-3.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 1. Establishment and General Provisions › 33-34-1-3. Court of Record

Sec. 3. (a) This subsection applies before July 1, 2018. The small claims court is not a court of record. A person who wishes to appeal the judgment of a small claims court entered before July 1, 2018, shall appeal the case to the circuit or superior court under IC 33-34-3-15.
(b) This subsection applies after June 30, 2018. The small claims court is a court of record. A person who wishes to appeal the judgment of a small claims court entered after June 30, 2018, shall appeal the case to the court of appeals in accordance with IC 33-34-3-15.1.
(c) This subsection applies after June 30, 2018. Notwithstanding any other law, the elected constable shall continue to serve the court's personal service of process even after the court becomes a court of record.
[Pre-2004 Recodification Citation: 33-11.6-1-4.]
As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.1.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 1. Establishment and General Provisions › 33-34-1-4. Terms of Court

Sec. 4. The small claims court shall meet in continuous session.
[Pre-2004 Recodification Citation: 33-11.6-1-6.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 1. Establishment and General Provisions › 33-34-1-5. Circuit Court Judge

Sec. 5. The judge of the circuit court shall extend aid and assistance to the judges in the conduct of the township small claims courts.
[Pre-2004 Recodification Citation: 33-11.6-1-7.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 1. Establishment and General Provisions › 33-34-1-6. Full-Time Divisions

Sec. 6. (a) A small claims court that was a full-time small claims court on January 1, 2015, remains a full-time court.
(b) Every small claims court must be a full-time court.
[Pre-2004 Recodification Citation: 33-11.6-2-2.]
As added by P.L.98-2004, SEC.13. Amended by P.L.65-2004, SEC.13; P.L.170-2015, SEC.2; P.L.86-2018, SEC.229.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 1. Establishment and General Provisions › 33-34-1-7. Public Hearings

Sec. 7. A hearing must be conducted to obtain evidence, opinions, advice, and suggestions from public officials and the general public concerning:
(1) whether a small claims court should be established or abolished in the township, if the township has a population of less than fifteen thousand (15,000) persons;
(2) the location of the small claims court courtroom and offices; and
(3) other relevant matters.
[Pre-2004 Recodification Citation: 33-11.6-2-3.]
As added by P.L.98-2004, SEC.13. Amended by P.L.65-2004, SEC.14; P.L.174-2006, SEC.2; P.L.170-2015, SEC.3.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 1. Establishment and General Provisions › 33-34-1-8. Notice of Hearings Concerning Small Claims Court

Sec. 8. The township trustee shall give ten (10) days notice of all hearings held under section 7 of this chapter in one (1) or more newspapers of general circulation in the county.
[Pre-2004 Recodification Citation: 33-11.6-2-4.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 1. Establishment and General Provisions › 33-34-1-9. Township Board Order

Sec. 9. Not more than two (2) weeks after a hearing is conducted under section 7 of this chapter, the township board shall, after considering the evidence, opinions, advice, and suggestions presented at the hearing, enter an order concerning:
(1) whether a small claims court shall be established or abolished in the township if the township has a population of less than fifteen thousand (15,000) persons;
(2) the location of the small claims court courtroom and offices under IC 33-34-6-1; and
(3) other relevant matters.
[Pre-2004 Recodification Citation: 33-11.6-2-5.]
As added by P.L.98-2004, SEC.13. Amended by P.L.65-2004, SEC.15; P.L.174-2006, SEC.3; P.L.170-2015, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-1. Election

Sec. 1. A judge shall be elected at the general election every four (4) years by the registered voters residing within the township in which the small claims court is located.
[Pre-2004 Recodification Citation: 33-11.6-3-1.]
As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-2. Qualifications

Sec. 2. A judge must meet the qualifications prescribed by IC 3-8-1-30.
[Pre-2004 Recodification Citation: 33-11.6-3-2.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-3. Term of Office

Sec. 3. The term of office of a judge is four (4) years, beginning January 1 after election and continuing until a successor is:
(1) elected; and
(2) qualified.
[Pre-2004 Recodification Citation: 33-11.6-3-4.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-4. Court Schedule

Sec. 4. (a) The circuit court judge may establish a regular hourly schedule for the performance of duties by full-time or part-time township small claims courts and each judge shall maintain that schedule.
(b) If the circuit court judge does not establish a regular hourly schedule, the judge shall perform the judge's duties at regular, reasonable hours.
(c) Regardless of whether a regular hourly schedule has been established as set forth in subsection (a), a judge shall hold sessions in addition to the judge's regular schedule whenever the business of the judge's court requires.
[Pre-2004 Recodification Citation: 33-11.6-3-5.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-5. Salary

Sec. 5. (a) The annual salary of a judge who is the judge of a full-time court is equal to seventy-five percent (75%) of the minimum salary paid by the state to the Marion County circuit court judge.
(b) The salary of a judge may not be reduced during the judge's term of office.
[Pre-2004 Recodification Citation: 33-11.6-3-6.]
As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.5; P.L.86-2018, SEC.230.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-6. Salary Payment; Conflict of Duties

Sec. 6. (a) The annual salary of a judge shall be paid in twelve (12) equal monthly installments by the township trustee.
(b) The judge may not receive remuneration other than a salary set under section 5 of this chapter for the performance of the judge's official duties except payments for performing marriage ceremonies.
[Pre-2004 Recodification Citation: 33-11.6-3-7.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-7. Other Employment

Sec. 7. A judge serving full time:
(1) shall devote full time to judicial duties; and
(2) may not engage in the practice of law.
[Pre-2004 Recodification Citation: 33-11.6-3-8.]
As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.6; P.L.86-2018, SEC.231.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-8. Retirement Fund; Eligibility

Sec. 8. The:
(1) judge of a small claims court; and
(2) employees of the court;
may be eligible to participate in the public employees' retirement fund as provided in IC 5-10.3, but a judge is not eligible to participate as a member in the judges' retirement fund under IC 33-38.
[Pre-2004 Recodification Citation: 33-11.6-3-9.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-9. Vacations

Sec. 9. (a) A vacation of one (1) month per year shall be provided for a judge who serves in a full-time capacity.
(b) The circuit court judge may authorize the appointment of a judge pro tempore to handle the judicial business of the vacationing judge, if the circuit court judge considers it necessary.
[Pre-2004 Recodification Citation: 33-11.6-3-10.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-10. Discipline

Sec. 10. (a) A judge is subject to disciplinary action for the grounds and in the manner set forth in IC 33-38-14.
(b) The commission on judicial qualifications for judges of the superior and probate courts is the commission on judicial qualifications for the judges of the small claims courts.
[Pre-2004 Recodification Citation: 33-11.6-3-11.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-11. Oath

Sec. 11. Before assuming the duties of a judge, a judge must take an oath to:
(1) faithfully perform the duties of the judge's office; and
(2) support and defend to the best of the judge's ability the constitution and laws of Indiana and the United States.
[Pre-2004 Recodification Citation: 33-11.6-3-12.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-12. Bond

Sec. 12. (a) A judge shall:
(1) furnish a bond in a sum required by the circuit court judge to provide for the:
(A) faithful discharge of the duties of the office; and
(B) payment or delivery to the proper persons of whatever money or other property may come into the judge's hands when acting as judge; and
(2) file the bond with the county recorder.
The bond must also extend to cover a person that is appointed to act as judge under IC 33-34-5-4.
[Pre-2004 Recodification Citation: 33-11.6-3-13.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-13. Seal

Sec. 13. (a) A judge shall procure a seal that will stamp upon paper a distinct impression of words and letters. The seal must contain the words "____________ Township of Marion County Small Claims Court" (insert the name of the township in the blank).
(b) Deeds, mortgages, powers of attorney, state warrants, and all other instruments of writing pertaining to the judge's official duty, attested by the seal and signature of the judge, are presumptive evidence of the official character of the court or judge in all courts in Indiana without further authentication.
[Pre-2004 Recodification Citation: 33-11.6-3-14.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 2. Judges › 33-34-2-14. Resignation

Sec. 14. (a) The resignation of a judge shall be delivered to the clerk of the circuit court. The clerk shall advise the circuit court and appropriate township board.
(b) A vacancy occurring in a judgeship must be filled under IC 3-13-10.
[Pre-2004 Recodification Citation: 33-11.6-3-15.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 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.
[Pre-2004 Recodification Citation: 33-11.6-4-1.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 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 ten thousand dollars ($10,000), not including interest or attorney's fees.
[Pre-2004 Recodification Citation: 33-11.6-4-2.]
As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.7; P.L.125-2021, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 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 ten thousand dollars ($10,000). 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 ten thousand dollars ($10,000). These jurisdictional limitations are not affected by interest and attorney's fees.
[Pre-2004 Recodification Citation: 33-11.6-4-3.]
As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.8; P.L.125-2021, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 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.
[Pre-2004 Recodification Citation: 33-11.6-4-3.5.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 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.
[Pre-2004 Recodification Citation: 33-11.6-4-4.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 33-34-3-6. Adoption of Rules

Sec. 6. (a) 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.
(b) The judge of the circuit court, assisted by the judges of the small claims court, shall make and adopt uniform rules for practice and procedure in the small claims courts.
[Pre-2004 Recodification Citation: 33-11.6-4-5.]
As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.9.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 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.
[Pre-2004 Recodification Citation: 33-11.6-4-6.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 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.
[Pre-2004 Recodification Citation: 33-11.6-4-7.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 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.
[Pre-2004 Recodification Citation: 33-11.6-4-8.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 33-34-3-10. No Trial by Jury

Sec. 10. There may not be a trial by jury in the small claims court.
[Pre-2004 Recodification Citation: 33-11.6-4-9.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 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).
[Pre-2004 Recodification Citation: 33-11.6-4-10.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 33-34-3-12. Judicial Notice

Sec. 12. The small claims court shall take judicial notice of municipal, city, and town ordinances.
[Pre-2004 Recodification Citation: 33-11.6-4-11.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 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.
[Pre-2004 Recodification Citation: 33-11.6-4-12.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 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.
[Pre-2004 Recodification Citation: 33-11.6-4-13.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 33-34-3-15. Appeals

Sec. 15. (a) This section applies only to a judgment of the small claims court entered before July 1, 2018.
(b) All appeals from judgments of the small claims court shall be taken to the circuit court or superior court of the county and tried de novo.
(c) The rules of procedure for appeals must be in accordance with the rules established by the circuit court and superior court.
(d) The appellant shall pay all costs necessary for the filing of the case in the circuit court or superior court, as if the appeal were a case that had been filed initially in that court.
[Pre-2004 Recodification Citation: 33-11.6-4-14.]
As added by P.L.98-2004, SEC.13. Amended by P.L.201-2011, SEC.99; P.L.170-2015, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 3. Jurisdiction, Rules, and Procedure › 33-34-3-15.1. Appeals

Sec. 15.1. (a) This section applies only to a judgment of the small claims court entered after June 30, 2018.
(b) All appeals from judgments of the small claims court shall be taken to the court of appeals in the same manner as a judgment from a circuit or superior court.
As added by P.L.170-2015, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 4. Powers › 33-34-4-1. Administer Oaths; Certify Records

Sec. 1. A judge may:
(1) administer oaths;
(2) take and certify acknowledgements of deeds; and
(3) give all necessary certificates for the authentication of the records and proceedings of the small claims court.
[Pre-2004 Recodification Citation: 33-11.6-5-1.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 4. Powers › 33-34-4-2. Witnesses; Contempt and Enforcement of Orders

Sec. 2. The small claims court has the same power as the circuit court in relation to the:
(1) attendance of witnesses;
(2) punishment of contempts; and
(3) enforcement of its orders.
[Pre-2004 Recodification Citation: 33-11.6-5-2.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 4. Powers › 33-34-4-3. Process; Judgments

Sec. 3. A judge may:
(1) issue and direct all process to individuals and corporations necessary to exercise the jurisdiction of the court;
(2) make all proper judgment, sentences, decrees, and orders; and
(3) do all acts necessary or proper in conformity with state laws;
assisted as necessary by the clerk of the circuit court.
[Pre-2004 Recodification Citation: 33-11.6-5-3.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 5. Transfer of Cases, Absent Judge, and Special Judge › 33-34-5-1. Transfer to Other Township Small Claims Court

Sec. 1. The circuit court judge may transfer cases from one (1) township small claims court to another as necessary.
[Pre-2004 Recodification Citation: 33-11.6-7-1.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 5. Transfer of Cases, Absent Judge, and Special Judge › 33-34-5-2. Transfer of Cases From Another Court

Sec. 2. A judge of the circuit or superior court may order a cause filed in the circuit or superior court to be transferred to the small claims court if the:
(1) small claims court has jurisdiction of the cause concurrent with the circuit or superior court; and
(2) judge consents to the transfer.
[Pre-2004 Recodification Citation: 33-11.6-7-2.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 5. Transfer of Cases, Absent Judge, and Special Judge › 33-34-5-3. Interchange of Judges

Sec. 3. The judges of the small claims court may sit in place of each other and perform each other's duties:
(1) at the direction of or with the approval of the circuit court judge; and
(2) with the consent of the respective judges.
[Pre-2004 Recodification Citation: 33-11.6-7-3.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 5. Transfer of Cases, Absent Judge, and Special Judge › 33-34-5-4. Judge Unable to Preside; Appointment

Sec. 4. (a) If a judge is unable to preside over the judge's small claims court during any number of days, the judge may appoint in writing a person qualified to be a small claims judge under IC 33-34-2-2 to preside in place of the judge.
(b) The written appointment shall be entered on the order book or record of the circuit court. The appointee shall, after taking the oath prescribed for the judges, conduct the business of the small claims court subject to the same rules and regulations as judges and has the same authority during the continuance of the appointee's appointment.
(c) The appointee is entitled to the same compensation from the township trustee as accruable to the small claims judge in whose place the appointee is serving.
[Pre-2004 Recodification Citation: 33-11.6-7-4.]
As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 5. Transfer of Cases, Absent Judge, and Special Judge › 33-34-5-5. Judge's Absence

Sec. 5. (a) A judge absent from the bench for more than thirty (30) days shall deposit the dockets, books, and papers of the office with the:
(1) small claims judge of another township; or
(2) circuit court;
as directed by the circuit court judge.
(b) A:
(1) judge with whom the docket of another judge is deposited during a vacancy or an absence; and
(2) successor of any judge who has the dockets of the successor's predecessor in the successor's possession;
may perform all duties that the judge might do legally in relation to the judge's own dockets.
(c) Process shall be returned to the judge who has the legal custody of the docket at the day of return.
[Pre-2004 Recodification Citation: 33-11.6-7-5.]
As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006, SEC.6.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 5. Transfer of Cases, Absent Judge, and Special Judge › 33-34-5-6. Special Judge

Sec. 6. (a) Only another judge may serve as a special judge in the small claims court.
(b) Except for mileage and travel expense, a judge serving as a special judge under this section may not receive compensation in addition to the salary provided under this article.
[Pre-2004 Recodification Citation: 33-11.6-7-6.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 5. Transfer of Cases, Absent Judge, and Special Judge › 33-34-5-7. Obligation of Low Caseload Court Judge to Assist Other Judges

Sec. 7. (a) Before the first day of each month, the judge of a low caseload court (as defined in IC 33-34-8-5 and IC 33-34-8-5.1) shall identify to the presiding judge of the small claims courts five (5) days during the month in which the judge of the low caseload court will be available to assist the judges of the other small claims courts with their judicial duties.
(b) Upon request of the judge of a court that is not a low caseload court, the presiding judge may assign the judge of a low caseload court to assist the judge of the other court with the judge's judicial duties during one (1) or more of the five (5) days that the judge of the low caseload court has indicated that he or she will be available.
(c) The judge of a low caseload court shall comply with an assignment made by the presiding judge under this section.
(d) At the time the presiding judge makes an assignment under this section, the presiding judge shall inform the circuit court judge in writing of the assignment. The circuit court judge has the authority to enforce the presiding judge's assignment under this section.
As added by P.L.170-2015, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 6. Facilities and Personnel › 33-34-6-1. Courtroom and Office

Sec. 1. The township trustee shall provide a courtroom and an office for each judge in a convenient location within the township that has:
(1) adequate access;
(2) sufficient parking facilities;
(3) a separate and appropriate courtroom;
(4) proper space and facilities for the bailiff, clerks, and other employees; and
(5) enough room for files and supplies.
[Pre-2004 Recodification Citation: 33-11.6-8-1.]
As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006, SEC.7.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 6. Facilities and Personnel › 33-34-6-2. Supplies and Maintenance

Sec. 2. A township shall:
(1) furnish all:
(A) supplies, including all blanks, forms, stationery, and papers of every kind, required for use in all cases in the township small claims court; and
(B) furniture, books, and other necessary equipment and supplies; and
(2) provide for all necessary maintenance and upkeep of the facilities where court is held.
[Pre-2004 Recodification Citation: 33-11.6-8-2.]
As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 6. Facilities and Personnel › 33-34-6-3. Clerks

Sec. 3. (a) Each township shall provide an appropriate and competitive salary for the number of clerks for the small claims court sufficient to:
(1) operate efficiently; and
(2) adequately serve the citizens doing business with the court.
(b) The clerks of a small claims court:
(1) shall be appointed by the judge; and
(2) serve at the pleasure of the judge.
[Pre-2004 Recodification Citation: 33-11.6-8-3.]
As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 6. Facilities and Personnel › 33-34-6-4. Constable; Election; Deputies; Compensation

Sec. 4. (a) The voters of each township having a small claims court shall elect a constable for the small claims court at the general election every four (4) years for a term of office of four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. The ballot must state the:
(1) name of the candidate; and
(2) court for which the candidate is to serve.
(b) Each small claims court shall have a constable who:
(1) acts as the bailiff of the court;
(2) serves the court's personal service of process;
(3) has police powers to:
(A) make arrests;
(B) keep the peace; and
(C) carry out the orders of the court;
(4) must meet the qualifications prescribed by IC 3-8-1-31;
(5) is compensated for each process that is delivered to effect personal service when serving as the bailiff for the court;
(6) is responsible for:
(A) the preparation and mailing of all registered or certified service and is compensated for each process served by mail; and
(B) all the official acts of the deputies;
(7) is compensated solely from the service of process fees collected under IC 33-34-8-1; and
(8) may require a deputy to give a bond for the proper discharge of the deputy's duties for an amount fixed by the constable.
(c) The elected constable may appoint full-time and part-time deputies for assistance in the performance of official duties who:
(1) perform all the official duties required to be performed by the constable;
(2) possess the same statutory and common law powers and authority as the constable;
(3) must take the same oath required of the constable;
(4) are compensated solely from the service of process fees collected under IC 33-34-8-1; and
(5) serve at the pleasure of the constable and may be dismissed at any time with or without cause.
(d) If there is an:
(1) emergency; or
(2) inability of a constable to carry out the constable's duties;
the judge may appoint a special constable to carry out the duties of the constable during the emergency or inability.
[Pre-2004 Recodification Citation: 33-11.6-8-4.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 7. Records; Reports; Accounting › 33-34-7-1. Accounting Rules and Forms

Sec. 1. The state board of accounts shall provide rules, in cooperation with the appropriate county officers, to specify the:
(1) forms; and
(2) records;
for the handling and reporting of money and other property by or in connection with the small claims court.
[Pre-2004 Recodification Citation: 33-11.6-9-3.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 7. Records; Reports; Accounting › 33-34-7-2. Caseload Reports

Sec. 2. Each judge shall prepare, certify, and file quarterly reports on March 31, June 30, September 30, and December 31 of each year with the circuit court judge, which must include the:
(1) total case filings;
(2) terminations; and
(3) cases remaining open;
broken down by the type of case, in a form approved by and distributed under the direction of the circuit court judge.
[Pre-2004 Recodification Citation: 33-11.6-9-4.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 7. Records; Reports; Accounting › 33-34-7-3. Records

Sec. 3. The judge of the circuit court, with the assistance of the clerk of the circuit court, the judges of the small claims courts, and the state board of accounts, shall, at the expense of the townships:
(1) provide the forms, blanks, court calendar books, judgment dockets, and fee books; and
(2) make rules and instructions to direct the judges in keeping records and making reports.
The clerk of the circuit court shall keep full and permanent records and reports of each judge's past and current proceedings, indexed and available for reference as a public record.
[Pre-2004 Recodification Citation: 33-11.6-9-5.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 7. Records; Reports; Accounting › 33-34-7-4. Centralized Case Management System

Sec. 4. (a) The small claims courts shall use a centralized case management system approved by the office of judicial administration.
(b) The judge of a small claims court is responsible for:
(1) preparing and submitting the court's budget to the township advisory board; and
(2) after the budget has been approved by the township advisory board, managing the budget of the small claims court.
As added by P.L.170-2015, SEC.14. Amended by P.L.161-2018, SEC.87.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 8. Fees and Costs › 33-34-8-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 33-11.6-4-15 (before its repeal, now codified at section 1 of this chapter) by P.L.141-2002 apply only to small claims actions initiated after June 30, 2002.
As added by P.L.220-2011, SEC.536.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 8. Fees and Costs › 33-34-8-1. Fees and Costs

Sec. 1. (a) The following fees and costs apply to cases in the small claims court:
(1) A township docket fee of five dollars ($5) plus forty-five percent (45%) of the infraction or ordinance violation costs fee under IC 33-37-4-2.
(2) The bailiff's service of process by registered or certified mail fee of fifteen dollars ($15) for each service.
(3) The cost for the personal service of process by the bailiff or other process server of fifteen dollars ($15) for each service.
(4) Witness fees, if any, in the amount provided by IC 33-37-10-3 to be taxed and charged in the circuit court.
(5) A redocketing fee, if any, of five dollars ($5).
(6) A document storage fee under IC 33-37-5-20.
(7) An automated record keeping fee under IC 33-37-5-21.
(8) A late fee, if any, under IC 33-37-5-22.
(9) A public defense administration fee under IC 33-37-5-21.2.
(10) A judicial insurance adjustment fee under IC 33-37-5-25.
(11) A judicial salaries fee under IC 33-37-5-26.
(12) A court administration fee under IC 33-37-5-27.
(13) Before July 1, 2025, a pro bono legal services fee under IC 33-37-5-31.
(14) A sheriff's service of process fee under IC 33-37-5-15 for each service of process performed outside Marion County.
The docket fee and the cost for the initial service of process shall be paid at the institution of a case. The cost of service after the initial service shall be assessed and paid after service has been made. The cost of witness fees shall be paid before the witnesses are called.
(b) If the amount of the township docket fee computed under subsection (a)(1) is not equal to a whole number, the amount shall be rounded to the next highest whole number.
[Pre-2004 Recodification Citation: 33-11.6-4-15.]
As added by P.L.98-2004, SEC.13. Amended by P.L.85-2004, SEC.15; P.L.95-2004, SEC.3; P.L.2-2005, SEC.99; P.L.176-2005, SEC.2; P.L.136-2012, SEC.12; P.L.39-2017, SEC.1; P.L.38-2021, SEC.75; P.L.106-2022, SEC.4; P.L.174-2022, SEC.59; P.L.178-2022(ts), SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 8. Fees and Costs › 33-34-8-2. Transcripts

Sec. 2. The person who is designated by a judge to prepare transcripts may collect a fee of not more than five dollars ($5) for each transcript from a person who requests the preparation of a transcript.
[Pre-2004 Recodification Citation: 33-15-25-2.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 8. Fees and Costs › 33-34-8-4. Quarterly Accounting

Sec. 4. Fees, costs, and any other amounts collected by the courts shall be accounted for quarterly to the clerk of the circuit court on:
(1) March 31;
(2) June 30;
(3) September 30; and
(4) December 31;
of each year.
[Pre-2004 Recodification Citation: 33-11.6-9-2.]
As added by P.L.98-2004, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 34. Marion County Small Claims Courts › Chapter 8. Fees and Costs › 33-34-8-5. Low Caseload Courts; Duties of Circuit Court Judge

Sec. 5. (a) This section applies after December 31, 2015.
(b) As used in this section, "low caseload court" means, for a calendar year, a court that, in the preceding calendar year:
(1) had less than four thousand (4,000) new filings; and
(2) was one (1) of the two (2) courts with the lowest number of new filings.
(c) Before January 1 of each year, the circuit court judge shall determine whether a court is a low caseload court.
(d) If the circuit court judge determines that one (1) or more courts is a low caseload court, the circuit court judge shall certify these courts as low caseload courts and notify the clerk of each township small claims court. Not more than two (2) courts may be certified as low caseload courts.
As added by P.L.170-2015, SEC.16.