§ 33-28-3-5 — Exceptions to formal practice and procedure; answer and appearance; continuance; informality

Indiana § 33-28-3-5

• Jurisdiction: Indiana
• Art. 28: CIRCUIT COURTS
• Ch. 3: Small Claims and Misdemeanor Division

Text

(a) The exceptions provided in this section to
formal practice and procedure apply to all cases on the small claims
docket.
(b) A defendant is considered to have complied with the statute and
rule requiring the filing of an answer upon entering an appearance
personally or by attorney. The appearance constitutes a general denial
and preserves all defenses and compulsory counterclaims, which may
then be presented at the trial of the case.
(c) If, at the trial of the case, the court determines:
(1) that the complaint is so vague or ambiguous that the defendant
was unable to determine the nature of the plaintiff's claim; or
(2) that the plaintiff is surprised by a defense or compulsory
counterclaim raised by the defendant that the plaintiff could not
reasonably have anticipated;
the court shall grant a continuance.
(d) The trial shall be conducted informally, with the objective of
dispensing speedy justice between the parties according to the rules of
substantive law. The trial is not bound by the statutes or rules
governing practice, procedure, pleadings, or evidence except for
provisions relating to privileged communications and offers of
compromise.
[Pre-2004 Recodification Citation: 33-4-3-8.]

Legislative History

As added by P.L.98-2004, SEC.7.