January 31, 2002





HOUSE BILL No. 1366

_____


DIGEST OF HB 1366 (Updated January 30, 2002 11:28 AM - DI 106)



Citations Affected: IC 33-4; IC 33-5; noncode.

Synopsis: Court fees. Reduces the deposit that must be made to transfer a case from a small claims docket to a plenary docket from $70 to $65.

Effective: July 1, 2002.





Richardson, Sturtz




    January 15, 2002, read first time and referred to Committee on Courts and Criminal Code.
    January 30, 2002, amended, reported _ Do Pass.






January 31, 2002

Second Regular Session 112th General Assembly (2002)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1366



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 33-4-3-10; (02)HB1366.1.1. -->     SECTION 1. IC 33-4-3-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. (a) The filing of a claim on the small claims docket is deemed a waiver of trial by jury.
    (b) The 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 sixty-five dollars ($70) ($65) 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.
SOURCE: IC 33-5-2-7; (02)HB1366.1.2. -->     SECTION 2. IC 33-5-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. (a) The filing of a claim on the small claims docket is deemed a waiver of trial by jury.
    (b) The 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 sixty-five dollars ($70) ($65) 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.
SOURCE: ; (02)HB1366.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2002] IC 33-4-3-10 and IC 33-5-2-7, both as amended by this act, apply only to a deposit to transfer a case on a small claims docket to the plenary docket that is made after June 30, 2002.