Ind. Marion Cnty. Small Cl. Local Rule LR49-SC00-406

When a claim for possession of real or personal property is joined with a claim for damages, the

Court may bifurcate the proceedings. The initial hearing may be restricted to the issue of whether

the Plaintiff is entitled to possession, provided that the Defendant may introduce evidence in the

form of testimony, affidavits or certified records or other reliable evidence constituting a defense

under Indiana statutes or common law. All remaining issues, including damages, may be tried at a

subsequent hearing.

Comment: The intent of this section is to give effect to Ind. Code § 32-30-3-5 as to the form of

permissible evidence. See Morton v. Ivacic, 898 N.E.2d 1196, 1199 (Ind. 2008). It is also intended

to recognize defenses in addition to a denial that the rent was not paid. See Theis v. Heuer, 264 Ind.

1, 280 N.E.2d 300 (Ind. 1972); Barnes v. Mac Brown & Co., Inc., 264 Ind. 227, 342 N.E.2d 619

(Ind. 1976). Such defenses include, but are not limited to, constructive eviction, violations of

warranties of habitability, and the Protecting Tenants at Foreclosure Act of 2009, 12 U.S.C. § 5220.

Citation(s):

REPORT #1 ON LANDLORD-TENANT COURT PROCEEDINGS IN INDIANA II(B)(1), p. 12 - 13.

Protecting Tenants at Foreclosure Act of 2009, 12 U.S.C. § 5220

Adopted Oct. 15, 2012, effective March 1, 2013.

500. DEFAULT JUDGMENTS