Ind. Allen Cnty. Small Cl. Local Rule LR02-TR60-210

(A) Grace Period. All parties are granted a fifteen (15) minute grace period to

appear for a hearing or trial. The failure of a party to appear within the grace

period may result in the entry of a default judgment, dismissal of claim,

granting or denying of a pending motion, dismissal of a proceedings

supplemental, the entry of a garnishment order, or other sanctions,

including the issuance of a body attachment.

(B) Claim. If a defendant fails to appear within the allotted time for a hearing on

the claims calendar or for a trial, then the plaintiff may be entitled to a default

judgment on the claim. Before a default judgment is granted, the record

must reflect proof of service of the Notice of Claim, and the plaintiff

must file an Affidavit for Judgment by Default along with any other

supporting documentation as required by the Court.

(C) Counterclaim. If a plaintiff fails to appear within the allotted time for a

hearing on the claims calendar or for a trial then the defendant may be

entitled to a default judgment on the counterclaim. Before the default

judgment is granted, the record must reflect proof of service of the Notice of

Counterclaim, and the defendant must file an Affidavit for Judgment by

Default along with any other supporting documentation required by the

Court.

(D) Motion to Set Aside Default Judgment. A default judgment may be set

aside according to the provisions of Ind. Small Claims Rule 10(C) and Ind.

Trial Rule 60(B).

(1) An expedited hearing on a motion to set aside default

judgment will be set on the trial calendar.

(2) In any case in which a motion to set aside default judgment

has been filed, collection proceedings will not be stayed

unless a motion to stay is filed and granted pursuant to Ind.

Trial Rule 62(B).

(E) Default on Proceedings Supplemental. Each party is granted a fifteen

(15) minute grace period to appear for any proceedings supplemental. The

grace period shall begin at the time scheduled for the proceedings

supplemental. After the fifteen (15) minute grace period has elapsed the

following rules shall apply:

(1) If the judgment debtor has failed to appear, the judgment

creditor may file a motion for sanctions against the judgment

debtor.

(2) If the judgment creditor has failed to appear or call the

judgment debtor’s case for the proceedings supplemental

within the grace period, then the judgment debtor may leave

the proceedings supplemental and shall not be subject to

sanctions for failing to appear. The grace period for this

purpose shall begin at the time scheduled for the proceedings

supplemental or at the time the judgment debtor registers with

the Small Claims Court receptionist, whichever is later. Prior

to leaving court, the judgment debtor shall notify the Small

Claims Court receptionist that the grace period has expired

and that the judgment debtor isleaving.

(3) The failure of a judgment creditor to commence the

proceedings supplemental within the fifteen (15) minute grace

period does not prevent the judgment creditor from filing for a

garnishment order against the judgment debtor’s

wages or bank accounts if the requirements of LR02-TR-217

have been satisfied.

(F) Default on Rule To Show Cause (Contempt). Each party is granted a

fifteen (15) minute grace period to appear for any contempt. The grace

period shall begin at the time scheduled for the contempt. After the fifteen

(15) minute grace period has elapsed the following rules shall apply:

1. If the judgment debtor has failed to appear the judgment creditor may

file a motion for sanctions against the judgment debtor.

2. If the judgment creditor has failed to appear or call the judgment

debtor’s case for the contempt within the grace period, the judgment

debtor may leave and shall not be subject to sanctions for failing to

appear. The grace period for this purpose shall begin at the time

scheduled for the contempt or at the time the judgment debtor

registers with the Small Claims Court receptionist, whichever is later.

Prior to leaving court, the judgment debtor shall notify the Small

Claims Court receptionist that the grace period has expired and that

the judgment debtor is leaving.

3. The failure of a judgment creditor to commence the contempt within

the fifteen (15) minute grace period does not prevent the judgment

creditor from filing for a garnishment order against the judgment

debtor’s wages or bank accounts if the requirements of LR02-TR 64-

217 have been satisfied.

Adopted effective Jan. 1, 1988; Amended effective Jan. 1, 2007; Amended

effective June 1, 2020.