Indiana Statutes
§ 33-34-3-11 — Waiver of trial by jury; transfer of claim
(a)A filing of a civil claim in the small
claims court constitutes a waiver of trial by jury by the plaintiff.
(b)A defendant in a small claims case waives the right to trial by
jury unless the defendant requests a jury trial at least three (3) calendar
days before the trial date that appears on the complaint. Upon the filing
of a jury trial request, the small claims court shall transfer the claim to
the superior court of the county. The defendant shall pay all costs
necessary for filing the claim in the superior court as if the cause had
been filed initially in that court.
(c)A notice of claim filed in the small claims court must include a
statement that reflects the provisions of subsection (b).
[Pre-2004 Recodification Citation: 33-11.6-4-10.]
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Legislative History
As added by P.L.98-2004, SEC.13.
Nearby Sections
15
§ 33-22-1-1
"Prior law" defined§ 33-22-1-2
Purpose of recodification§ 33-22-1-3
Statutory construction of recodification§ 33-22-1-4
Effect of recodification§ 33-22-1-5
Recodification of prior law§ 33-22-1-6
References to repealed statutes§ 33-22-1-7
References to citations§ 33-22-1-8
References to prior rules§ 33-22-1-9
References to prior law§ 33-23-1-1
Application§ 33-23-1-10
Offense§ 33-23-1-10.5
"User fee"§ 33-23-1-11
Vacancy§ 33-23-1-2
Chairperson§ 33-23-1-3
Commission on judicial qualifications