Legal Question in Civil Litigation in Indiana

Small claims

If a plaintiff or defendant appeals a Small claims judgment, does it have to be a bench trial or can it be a jury trial? Is it up to the party who appeals to decide? Can the other party overrule?


Asked on 3/29/04, 2:14 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Small claims

See trial rule 38. It won't be a jury trial unless one of the parties demands it. The demand must be made within ten days of the time an answer or other response is due. Once the demand has been made (assuming it is the kind of civil case which is eligible for jury trial), it cannot be withdrawn except by consent of the other party. For your information, once you get on the court's system for a jury trial, your life will be consumed with various court-ordered deadlines and conferences, so pay close attention to everything the court sends.

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Answered on 3/29/04, 4:00 pm


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