Ind. Code » Title 34
Indiana Code

Ind. Code § 34-9-1-1 (2025)

Actions by private parties, attorneys, or corporations

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 1. (a) Except as provided under subsection (c), a civil action may be prosecuted or defended by a party:

(1) in person; or

(2) represented by an attorney.

     (b) If the state of Indiana is a party to a civil action filed on the small claims docket of a circuit court or superior court, the state of Indiana is not required to appear by attorney.

     (c) A corporation and any organization required to make application to the secretary of state under IC 25-11-1-3 must appear by attorney in all cases. However, corporations organized under:

(1) IC 23-1;

(2) IC 23-1.5;

(3) IC 23-7-1.1 (before its repeal on August 1, 1991); or

(4) IC 23-17;

are not required to appear by attorney in civil cases filed on a small claims docket of a circuit or superior court.

[Pre-1998 Recodification Citation: 34-1-60-1.]

As added by P.L.1-1998, SEC.4. Amended by P.L.201-2011, SEC.107.

 

IC 34-9-2Chapter 2. Appointment of Guardian Ad Litem for Minor Parties

 

           34-9-2-1Authority to appoint

 

Notes of Decisions
Cited in 19 cases (12 in the last 5 years), 2000–2025 · leading case: Thomas A. Carpenter v. Cincinnati Specialty Underwriters Ins. Co., 59 N.E.3d 330 (Ind. Ct. App. 2016).
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Thomas A. Carpenter v. Cincinnati Specialty Underwriters Ins. Co., 59 N.E.3d 330 (Ind. Ct. App. 2016). · cites it 2× “5 See Ind.Code § 34-9-1-1 (providing that “a corporation and any organization required to make application to the secretary of state under IC 25-11-1-3 must appear by attorney in all cases.”
Heath v. Wal-Mart Stores, Inc., 113 F. Supp. 2d 1294 (S.D. Ind. 2000). · cites it 2× “” Ind.Code § 34-9-1-1 (1988). Indiana case law specifically provides for a cause of action when a lower riparian landowner “obstructs] a natural watercourse to the detriment of the upper landowner.”
JMC Prop. Grp., LLC v. Fortune Companies, Inc., No. 1:23-cv-00390 (S.D. Ind. Mar. 14, 2023). · cites it 12× “See Ind. Code § 34-9-1-1 (c); DJM Logistics, Inc.”
John Zapata v. Ball State Univ., No. 18A04-1310-CC-534 (Ind. Ct. App. July 18, 2014). · cites it 4× “; Ind. Code § 34-9-1-1 (c). The court did, however, find the purported assignment of the claim from MWE to Zapata was intended to subvert Indiana law requiring a corporation to be represented by counsel.”
B.J.'s Auto Wholesale, Inc. v. Auto. Fin. Corp., No. 49A05-1704-CC-885 (Ind. Ct. App. Dec. 7, 2017). · cites it 2× “See Ind. Code § 34-9-1-1 (c). Despite these warnings, B.”
People of Conviction, Inc. v. Neighborhood Code Enf't (mem. dec.), No. 02A03-1704-MI-1138 (Ind. Ct. App. Mar. 16, 2018). · cites it 2× “Furthermore, the petition was filed in the trial court by Bledsoe on POC’s behalf despite the fact that, pursuant to INDIANA CODE § 34-9-1-1,5 POC was required to be represented by an attorney.”
Ronald Kibbey v. Fall Creek Assocs. LLC (mem. dec.), No. 18A-PL-2223 (Ind. Ct. App. May 21, 2019). · cites it 2× “[9] Indiana Code Section 34-9-1-1(a)(1) provides that a civil action may be prosecuted or defended by a party in person.”
KNK Grp. v. Doug Sarver (mem. dec.), 157 N.E.3d 1254 (Ind. Ct. App. 2020). · cites it 2× “; see also Ind. Code § 34-9-1-1 . To the extent, Humphreys was named as a defendant in his individual capacity, he was allowed to proceed without counsel.”
JMC Prop. Grp., LLC v. Fortune Companies, Inc., No. 1:23-cv-00390 (S.D. Ind. May 18, 2023). · cites it 2× “Kimbrough leave to file an amended complaint. Dkt. 6. Mr. Kimbrough has filed a "Motion to Correct Error" under Federal Rule of Civil Procedure 59.”
Tippecanoe Cnty. Assessor v. Terry S & Jane C Stewart TTEES, 270 N.E.3d 551 (Ind. T.C. 2025). · cites it 2× “I.C. § 34-9-1-1. Just as full-time employees of other organizations are excluded from the definition of tax representative but are generally not permitted to represent their organizations before Indiana courts, county assessors are not authorized to represent their offices…”
Tippecanoe Cnty. Assessor v. Olav Lund-Mikkelsen, 270 N.E.3d 551 (Ind. T.C. 2025). · cites it 2× “I.C. § 34-9-1-1. Just as full-time employees of other organizations are excluded from the definition of tax representative but are generally not permitted to represent their organizations before Indiana courts, county assessors are not authorized to represent their offices…”
Tippecanoe Cnty. Assessor v. Lawrence L Mock, 270 N.E.3d 551 (Ind. T.C. 2025). · cites it 2× “I.C. § 34-9-1-1. Just as full-time employees of other organizations are excluded from the definition of tax representative but are generally not permitted to represent their organizations before Indiana courts, county assessors are not authorized to represent their offices…”
Show all 19 citing cases →
Ind. Code § 34-9-1-1(a)(1): 1 case
Ronald Kibbey v. Fall Creek Assocs. LLC (mem. dec.), No. 18A-PL-2223 (Ind. Ct. App. May 21, 2019). “[9] Indiana Code Section 34-9-1-1(a)(1) provides that a civil action may be prosecuted or defended by a party in person.”
Ind. Code § 34-9-1-1(c): 2 cases
JMC Prop. Grp., LLC v. Fortune Companies, Inc., No. 1:23-cv-00390 (S.D. Ind. Mar. 14, 2023). “See Ind. Code § 34-9-1-1 (c); DJM Logistics, Inc.”
JMC Prop. Grp., LLC v. Fortune Companies, Inc., No. 1:23-cv-00390 (S.D. Ind. May 18, 2023). “Kimbrough leave to file an amended complaint. Dkt. 6. Mr. Kimbrough has filed a "Motion to Correct Error" under Federal Rule of Civil Procedure 59.”
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