Ind. Elkhart Cnty. Local Rule LR20-SC00-502

A. Conflict of Rules. All cases in the Elkhart Superior Small Claims Court shall be governed by the

Small Claims Rules promulgated by the Indiana Supreme Court, and the Local Rules set forth herein.

In instances where the Local Rules conflict with the Rules promulgated by the Indiana Supreme Court,

the Supreme Court Rules shall control.

B. Filing Documents

1. Parties Represented by Attorneys. The filing of documents by an attorney shall be done pursuant

to the provisions of Ind. Trial Rule 86, the Indiana Rules on Access to Court Records, and such

other rules as promulgated by the Supreme Court.

2. Unrepresented Parties. The filing of documents by an unrepresented party (also referred to as a

self-represented party and pro se litigant) is not subject to the electronic filing requirements of Trial

Rule 86. The filing of documents by an unrepresented party is subject to the requirements of the

Indiana Rules on Access to Court Records, and such other rules as promulgated by the Supreme

Court.

3. Confidential Information. The filing of documents containing confidential information is subject

to the requirements of the Indiana Rules on Access to Court Records, and such other rules as

promulgated by the Supreme Court. Confidential information includes, but is not limited to,

medical records, medical bills, complete social security numbers, and complete account numbers for

financial records such as bank accounts. Attorneys and unrepresented parties are required to file a

Public Access Version and Non-Public Access Version of documents containing confidential

information.

C. Appearance by Spouse. Except for Proceedings Supplemental and Contempt hearings or as

otherwise ordered by the Court, when legally married spouses are co-plaintiffs or co-defendants in a

case, the appearance of one (1) spouse at a hearing shall be considered and treated as if both spouses are

present. The appearing spouse shall verify under oath that no divorce or legal separation case has been

filed or is pending, and that the spouses are living together.

D. Unrepresented Party’s Current Addresses. All parties are required by Trial Rule 3 (A)(1) to provide a

mailing address, phone number and e-mail address. Notices and Orders from the Court are sent to an

unrepresented party at the most recent e-mail address, if no e-mail address, then to a mailing address,

contained in the chronological case summary. An unrepresented party is solely responsible for keeping

their addresses updated in the chronological case summary for all cases in which they are a party.

E. Advisement of Rights all self-represented litigants shall be provided an Advisement of Rights as

adopted by the Elkhart Superior Court in the initial pleadings by the Plaintiff if represented by counsel

or by the Clerk of the Court or Court Staff if not represented by counsel and at each subsequent hearing.

Notice of Debtor Rights