Page 9 - Representation at the Trial

and each continuance must be specifically approved by the Judge. Parties should appear at all hearings or trials unless specifically told by the Judge’s staff that the matter has been continued.

CHANGE OF JUDGE

You may request a change of Judge, but strict time limits apply. A party seeking a change of Judge must file that written request with the court within thirty (30) days after the suit is filed (Trial Rule 76) or earlier if the trial is set within thirty (30) days after filing suit.

REPRESENTATION AT THE TRIAL--ATTORNEYS

Individuals--Small Claims Rules allow individuals to appear at trial and represent themselves without hiring an attorney. Individuals are allowed, however, to hire an attorney and have the attorney represent them at trial. A person who has power of attorney for another person may not represent that person in court. Individuals may sue up to $10,000 in Small Claims court.

Corporations--As a general rule, a corporation must appear by counsel. Small Claims Rule 8 provides an exception for certain claims. If the claim is $6,000 or less, a corporation may be represented by a full-time employee who is not an attorney, and then only if the corporation has on file with the court a certificate of compliance designating the employee to represent it in court.

Unincorporated Business--You must be represented by the owner or attorney if the claim exceeds $6,000. If a claim is $6,000 or less, the unincorporated business may be represented by a full-time employee who is not an attorney, and then only if the business has on file with the court a certificate of compliance designating the employee to represent it in court.

The designated full-time employee must also file an affidavit stating that he or she is not disbarred or suspended from the practice of law in Indiana or any other jurisdiction. Forms for the certificate of compliance and affidavit are available in the Clerk’s Filing Office at the Justice Center.

Assigned Claims (collection agencies) must have an attorney regardless of the amount of the claim.