IN · rules
Ind. Allen Cnty. Small Cl. Local Rule LR02-SC5-207
Counterclaims Outside Small Claims Court Jurisdiction
(A) Counterclaims in Excess of the Court’s Monetary Jurisdiction. A
defendant who has a counterclaim in excess of the monetary jurisdiction of
the Small Claims Court and does not wish to waive the excess amount of
the counterclaim, must file the counterclaim in a timely fashion as a separate
case on the plenary docket of the Allen Superior Court Civil Division, or in
any other Court of competent jurisdiction. Either party may then file a motion
for consolidation pursuant to Ind. Trial Rule 21(B) and Allen County Local
Civil Rule LR02-TR42-25 in both pending cases.
(B) Counterclaims Outside the Court’s Subject Matter Jurisdiction. A
defendant who has a counterclaim outside the subject matter jurisdiction of
the Small Claims Court must file the counterclaim in a timely fashion as a
separate action on the plenary docket of the Allen Superior Court Civil
Division, or in any other Court of competent jurisdiction. Either party may
then file a motion for consolidation pursuant to Ind. Trial Rule 21(B) and
Allen County Local Civil Rule LR02-TR42-25 in both pending cases.
Adopted effective Jan. 1, 1988; Amended effective June 1, 2020.
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-02-allen-local-rules-2016-02-01
- Content hash
3adc3fb755ba20a9d39e9aa6362abdfdc22bc11dd10385df57b54f1cc537bd0f
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