Ind. Marion Cnty. Small Cl. Local Rule (front matter)

MARION COUNTY LOCAL SMALL CLAIMS RULES

GENERAL COMMENTS TO THE RULE

The Circuit Court is charged by Ind. Code § 33-34-3-6 and 7 to “make and adopt uniform

rules for conducting the business of the small claims court. . . according to a simplified procedure to

enable any person either to seek or to defend against a small claim without consulting or being

represented by an attorney.” In discharging this responsibility, the Court has decided to enhance the

normal opportunity for comment by laying these proposed rules before an Advisory Committee.4

The Court has also attended all of the public hearings of the Supreme Court Task Force on Marion

County Small Claims Court and has carefully read its Report of May 1, 2012. Finally, the Court has

elicited the advice and assistance of the nine sitting Small Claims Court judges.

At the end of the text of each proposed rule, the reader will find citations to any relevant

Task Force finding or recommendation, as well as to relevant passages of a February 2012 report on

“Landlord-Tenant Court Proceedings in Indiana” co-authored by Professor Florence Wagman

Roisman of the Robert H. McKinney School of Law and Brienne Delaney, a 2012 graduate of the

law school. Occasionally, the citations are supplemented by brief comments.

It should be noted that these Rules necessarily have a limited function. Most importantly,

these Rules may not conflict with the Indiana Small Claims Rules. These rules may supplement, but

not supplant the State rules.

100. GENERAL PROVISIONS