IN · rules
Ind. Elkhart Cnty. Local Rule LR20-SC5-507
Counterclaims Over Small Claims Court Jurisdiction
A. Counterclaims in Excess of the Court’s Monetary Jurisdiction. A defendant who has a
counterclaim more than 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 Elkhart Superior Court Civil Division. Either party may
then file a motion for consolidation pursuant to Trial Rule 21(B) 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 Elkhart Superior
Court Civil Division. Either party may then file a motion for consolidation pursuant to Trial Rule
21(B).
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-21-elkhart-local-rules-2026-01-01
- Content hash
c9ae6f135b1ca1297780072a63ed467e7eb6e7a4707dfaf8c48221a3227a9f68
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