§ 33-33-87-16 — Practice and procedure

Indiana § 33-33-87-16

• Jurisdiction: Indiana
• Art. 33: COURT SYSTEM ORGANIZATION IN EACH
• Ch. 87: Warrick County

Text

(a) All laws and rules adopted by the
supreme court enacted governing the circuit court in matters of
pleading, practice, the issuing and service of process, the giving of
notice, the appointing of judges pro tempore and special judges,
changes of venue from the judge and from the county, adjournments by
the court and by the clerk in the absence of the judge, and the selection
of jurors for the court are applicable to and govern the superior courts.
(b) Notwithstanding subsection (a), in cases on the civil small
claims docket, the following exceptions to the laws and rules described
in subsection (a) apply:
(1) A defendant is considered to have complied with the statute
and rule requiring the filing of an answer upon entering the
defendant's appearance personally or by attorney. An appearance
is considered a general denial and preserves all defenses and
compulsory counterclaims that may then be presented at the trial
of the cause.
(2) If at the trial of the cause the court determines that the
complaint is so vague and ambiguous that the defendant was
unable to determine the nature of plaintiff's claim or 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.
(3) The trial must be informal, with the sole objective of
dispensing speedy justice between the parties according to the
rules of substantive law, and may not be bound by the statutory
provisions or rules of practice, procedure, pleadings, or evidence
except provisions relating to privileged communications and
offers of compromise.
[Pre-2004 Recodification Citation: 33-5-45.5-16.]

Legislative History

As added by P.L.98-2004, SEC.12.