Indiana Code

Ind. Code § 33-29-2-7 (2026)

Jury trial; transfer to plenary docket

✓ current as of May 2026

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Sec. 7. (a) The filing of a claim on the small claims docket is considered a waiver of trial by jury.

(b) A defendant may, not later than ten (10) days following service of the complaint in a small claims case, demand a trial by jury by filing an affidavit that:

(1) states that there are questions of fact requiring a trial by jury;

(2) specifies those questions of fact; and

(3) states that the demand is in good faith.

(c) Notice of the defendant's right to a jury trial, and the ten (10) day period in which to file for a jury trial, shall be clearly stated on the notice of claim or on an additional sheet to be served with the notice of claim on the defendant.

(d) Upon the deposit of seventy dollars ($70) in the small claims docket by the defendant, the court shall transfer the claim to the plenary docket. Upon transfer, the claim then loses its status as a small claim.

[Pre-2004 Recodification Citation: 33-5-2-7.]

As added by P.L.98-2004, SEC.8.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2009–2025 · leading case: Amy Palmer v. Margaret Sales & Unique Ins. Co., 995 N.E.2d 1073 (Ind. Ct. App. 2013).

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Amy Palmer v. Margaret Sales & Unique Ins. Co., 995 N.E.2d 1073 (Ind. Ct. App. 2013). · cites it 22× “Indiana Code Section 33-29-2-7 applies to the small claims division of a superior court.”

Fincher v. South Bend Hous. Auth., 612 F. Supp. 2d 1009 (N.D. Ind. 2009). · cites it 2× “(citing Indiana Small Claims Rule 2(B)(10)); see also, I.C. § 33-29-2-7 (“Upon the deposit of seventy dollars ($70) in the small claims docket by the defendant, the court shall transfer the claim to the plenary docket.”

Beatriz Morales v. Hous. Auth. of South Bend & Attorney Gen. of Indiana (Ind. Ct. App. 2014). · cites it 10× “I.C. § 33-29-2-7. Under certain circumstances, a party that lacks financial resources may nevertheless pursue a remedy at law.”

Patricia Davidson v. Jamie Hammond (Ind. Ct. App. 2025). · cites it 3× “Code 33-28-3-7 or Ind. Code 33-29-2-7 and paying a seventy-dollar ($70.”

— Ind. Code § 33-29-2-7(a) — 1 case

Beatriz Morales v. Hous. Auth. of South Bend & Attorney Gen. of Indiana (Ind. Ct. App. 2014). “I.C. § 33-29-2-7. Under certain circumstances, a party that lacks financial resources may nevertheless pursue a remedy at law.”

— Ind. Code § 33-29-2-7(d) — 1 case

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