Rule 4. Responsive pleadings
Effective January 1, 2022
(A) Preservation of Defenses.
All defenses shall be deemed at issue without responsive pleadings, but this provision shall not alter the burden of proof.
(B) Entry of Appearance.
For the purpose of administrative convenience the court may request that the defendant enter an appearance prior to trial. Such appearance may be made in person, by telephone or by mail but the fact that no appearance is entered by the defendant shall not be grounds for default judgment. Whether or not an appearance is required, a party that wishes to be represented by a designated employee or trustee must file a certificate of compliance and affidavit required by S.C. 8(C)(5).
(C) Request for Jury Trial.
Notwithstanding any statute to the contrary, a defendant may request a jury trial by submitting a written request to the court within ten (10) days after receipt of the notice of claim. No statement of facts supporting the request or verification of the request is required. The party requesting a jury trial shall pay the clerk the additional amount required by statute to transfer the claim to the plenary docket or, in the Marion Small Claims Court, the filing fee necessary to file a case in the appropriate court of the county. Unless filed within ten (10) days after receipt of the notice of claim the right to a jury trial is waived. Once a jury trial request has been granted, it may not be withdrawn without the consent of the other party or parties.