Ind. Elkhart Cnty. Local Rule LR20-TR41-509

A. Dismissal by Plaintiff. A case may be dismissed by the plaintiff at any time prior to the filing of a

counterclaim, answer, motion for summary judgment, or other dispositive motion by the

defendant.

B. Dismissal by Stipulation. A case may be dismissed by filing a stipulation of dismissal signed by all

parties.

C. Failure to Prosecute or Failure to Comply with Rule or Order. Consistent with Ind. Trial Rule

41(E), the Court on its own motion may set a hearing for the purpose of dismissing a case if there

has been no action on the case for a period of more than sixty (60) days, or if a party has failed to

comply with a rule or order.

D. Failure to Appear. If the plaintiff on a claim or the defendant on a counterclaim fails to appear

within the allotted time (fifteen (15) minute grace period) for a hearing on the claims calendar or

for the trial, then the claim or counterclaim shall be dismissed without prejudice. The claim or

counterclaim may be dismissed with prejudice upon a showing of good cause such as a prior failure

to appear for a hearing on the claims calendar or for a trial.

Rule LR02-TR60-510. Default

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 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 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, whichever is later. Prior to

leaving court, the judgment debtor shall notify the Small Claims Court that the grace period has

expired, and that the judgment debtor is leaving.

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, whichever is

later. Prior to leaving court, the judgment debtor shall notify the Small Claims Court that the

grace period has expired, and that the judgment debtor is leaving.