Ind. Porter Cnty. Local Rule LR64-SC00-1400

1400.10 Dismissal by Plaintiff. Any claim may be dismissed by the plaintiff at any time

before judgment has been entered unless a counterclaim has been filed by a Defendant.

1400.20 Dismissal by Court. The Court may dismiss any Notice of Claim, subject to

amendment, which is vague or ambiguous as not to state a proper cause of action. The Court may

dismiss any Notice of Claim which does not abide by Local Rule.

1400. 30 Dismissal by Stipulation. Any claim may be dismissed by filing a stipulation of

dismissal signed by all parties to the claim.

1400. 40 Conversion of Action from Small Claims to Plenary Docket. Should any party

seek to have a small claims case converted to the plenary docket, the party shall first pay the

difference in filing fee between small claims and the plenary docket. Should a case be filed on the

plenary docket seeking less than the statutory maximum damages of small claims court, the plenary

court may have the matter transferred to small claims court without reimbursement of any

difference in filing fees. The Clerk shall then assign an SC designation to the caption and file. If

any pending case having an SC designation is converted or transferred to the plenary docket and is

given a PL, CT, or CC case designation, the Clerk shall affix the appropriate new designation to the

caption and file and the case shall remain in the same court as the original SC designation. A party

plaintiff may not file consecutive cases against the same defendant to bypass a plenary designation

or to avoid Small Claims Rule 8 requiring an attorney appearing for a corporate party. No Plaintiff

may file consecutive Small Claims cases under the jurisdictional limit to avoid filing the matter on

the plenary docket.

1400. 50 Request for Jury Trial. Any Defendant may request a jury trial by submitting a

written request to the court no fewer than ten (10) days after receipt of the Notice of Claim. A

Plaintiff filing a Notice of Claim on the small claims docket impliedly waives a right to trial by

jury. Once a jury request has been granted, it may not be withdrawn without the consent of the

other party or parties. Within ten (10) days after the jury request has been granted, the requesting

party shall pay the Clerk the difference between the small claims and plenary docket filing fee. If

not timely filed, the Court may deny the request for jury trial.