Ind. Marion Cnty. Small Cl. Local Rule LR49-SC00-602

A. General Procedure. Proceedings supplemental to execution shall be governed by Ind. T. R.

69(E) and applicable statutes, and subject to the approval of the Court.

B. Thirty-Day Rule. A Motion for Proceedings Supplemental shall not be set until thirty (30)

calendar days after the date of judgment, except by order of the Court for good cause shown.

C. Hearings. A Proceedings Supplemental shall be dismissed if the Court finds that the

judgment creditor has had a reasonable opportunity to discover and/or execute on non-exempt assets or income. Except when the dismissal is due to the failure of the judgment

debtor to appear at a Proceeding Supplemental hearing after due notice, subsequent Motions

for Proceedings Supplemental shall only be granted upon a showing of a material change in

the judgment debtor’s financial circumstances or that a sufficient period of time has lapsed to

justify a subsequent proceeding.

Comment: This provision is consistent with Carter v. Grace Whitney Properties, which holds that

future proceedings supplemental “must be supported by a showing [by the creditor] that new facts

justifying a new order or examination have come to its knowledge.” Carter v. Grace Whitney

Properties, 939 N.E.2d 630, 637 (Ind. App. 2010); See also, Button v. James, 909 N.E.2d 1007, 1009

(Ind. App. 2009); Kirk v. Monroe County Tire, 585 N.E.2d 1366, 1369 (Ind. Ct. App. 1992).

Citation(s):

REPORT ON THE MARION COUNTY SMALL CLAIMS COURT, FINDINGS OF FACT C(35) – (36), p. 11;

E(61), p. 14.

REPORT ON THE MARION COUNTY SMALL CLAIMS COURT, PART C COMPLEMENTARY REFORM 2(c), p.

27; 2(e), p. 28.

REPORT #1 ON LANDLORD-TENANT COURT PROCEEDINGS IN INDIANA I(A), p. 6.

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