Bench Brief
DR-2026-0150 · In re Custody of a Minor: Hall / Moreno · Back to brief

2026-10 Indiana Civil Case Flow for AI for Impact students

Filed November 11, 2002 by Not stated · full text as filed
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1INTRO TO INDIANA COURTS How a Civil Case Moves Through Indiana Courts Which court hears it, the rules that govern it, and the path from filing to appeal Indiana Rules of Trial Procedure · Indiana Small Claims Rules · IC 33-29-2-4

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1JURISDICTION Which court hears the case? 2Circuit Court Superior Court Small Claims Docket The court of general jurisdiction found in Created by statute in most counties. 3A docket inside circuit or superior court. found in every county. 4Hears any type of Shares civil jurisdiction with circuit court; Claims up to $10,000, plus landlord– type of civil case, with no dollar cap. court; local rules often divide the tenant possession cases. caseload. 5Three questions every court must answer Subject matter: can this court hear this kind of Personal: does it have power over the Venue:is this the right county? 6(T.R. 75) kind of case? defendant? 7(T.R. 4.4) 2 · Small claims limit: IC 33-29-2-4 ($10,000 since July 1, 2021)

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1JURISDICTION Small claims vs. the regular (plenary) docket Feature Small claims docket Plenary docket Rules Indiana Small Claims Rules Indiana Rules of Trial Procedure Amount Up to $10,000 No upper limit Starts with Notice of claim Complaint and summons (T.R. 3, 4) Answer None required; defenses assumed Due 20 days after service (T.R. 6) Discovery Only with the court's approval Full discovery (T.R. 26–37) Hearing Informal; evidence rules relaxed Formal trial; Rules of Evidence apply Jury None, unless defendant demands one and the case Available on timely demand (T.R. 38) moves to plenary Lawyers Often self-represented Usually represented by counsel 3 · Appeals from either docket go to the Indiana Court of Appeals

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1CASE FLOW A plenary case, from filing to appeal STEP 3 STEP 1 STEP 2 STEP 4 Respond File complaint Serve defendant Discovery T.R. 6, 8, 12: answer or motion T.R. 3: case begins at filing T.R. 4: summons delivered T.R. 26–37: gather facts STEP 5 STEP 6 STEP 7 STEP 8 Narrow or settle Trial Judgment Appeal T.R. 56 summary judgment; Bench or jury (T.R. 38 demand) T.R. 58; motion to correct error, Notice within 30 days (App. 2R. mediation T.R. 59 9) Small claims shortcut: notice of claim → informal hearing → judgment. 3No written answer, limited discovery. 44 · Most cases settle or are decided before trial

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1INDIANA RULES OF TRIAL PROCEDURE The rules that shape a case Pleadings and early motions Discovery and pretrial Rule What it does Rule What it does T.R. 8 Notice pleading: a short, plain statement of T.R. 30 Depositions: sworn questioning before trial the claim T.R. 33, 34 Written questions and requests for T.R. 12(B)(1)–(3) Challenge subject matter, personal documents jurisdiction, or venue T.R. 36 Requests to admit facts, narrowing the T.R. 12(B)(6) Dismiss for failure to state a claim dispute T.R. 55 Default judgment if the defendant never T.R. 56 Summary judgment when no genuine issue of responds material fact exists Why it matters: most civil cases end through dismissal, default, settlement, or summary judgment, not a trial. 25 · Mediation is governed by Indiana's Rules for Alternative Dispute Resolution