Ind. Marion Cnty. Small Cl. Local Rule LR49-SC-201

A. For the purpose of this section, a “form” shall mean any standardized pleading or order or

document approved for use in the Small Claims Courts by the Circuit Court.

B. For the purpose of this section, a “required form” is a form which must be used by

litigants and the Court.

C. For the purpose of this section, a “suggested form” is a form which will be deemed

acceptable by the Court but need not be used by litigants and the Court.

D. Before a form is deemed required, it must be presented to the various Small Claims

Courts and the Office of Judicial Administration for comment. When a proposed

required form is for the use of litigants, the Circuit Court shall also solicit comment from

bar associations and organizations described in LR49-SC00-202 before adopting the

same.

E. The Court shall maintain a supply of preprinted required forms. Required forms shall be

posted on the Court website and the Indiana Judiciary website. The Court may charge a

fee, not to exceed the cost to the Court, for providing a form subject to a waiver of such

costs pursuant to LR49-SC00-202.

F. The Court may, in its discretion, maintain a supply of suggested forms. Suggested forms

shall be available at each Court in a binder for inspection and copying. Suggested forms

shall be posted on the Court website and the Indiana Judiciary website.

G. The Clerk shall assist unrepresented litigants in completing a form, but shall not provide

advice as to the use or effect of the form.

Comment: The intent of LR49-SC02-201(G) is to encourage the provision of clerical assistance to

unrepresented litigants in completing Court forms. It is not intended to encourage the provision of

advice that could be considered the unauthorized practice of law. For instance, it is permissible to

indicate that a form is asking for the facts of the case. It would not be permissible to suggest what

facts should be included on the form or how those facts should be presented.

Citation(s):

REPORT ON THE MARION COUNTY SMALL CLAIMS COURT, FINDINGS OF FACT C(34), p. 11; D(51)-

(52), p. 13.

REPORT ON THE MARION COUNTY SMALL CLAIMS COURT, PART C COMPLEMENTARY REFORM 3(a), p.

28; 4, p. 29.

REPORT #1 ON LANDLORD-TENANT COURT PROCEEDINGS IN INDIANA III(B), p. 17.

Adopted Oct. 15, 2012, effective July 1, 2013; amended July 1, 2018).