Rule 8. Informality of Hearing
Effective January 1, 2022
(A) Procedure.
The trial shall be informal, with the sole objective of dispensing speedy justice between the parties according to the rules of substantive law, and shall not be bound by the statutory provisions or rules of practice, procedure, pleadings or evidence except provisions relating to privileged communications and offers of compromise.
(B) Witnesses.
All testimony shall be given under oath or affirmation. Witnesses may be called and the court shall have the power to issue subpoenas to compel their attendance. There shall be no additional fee charged for the issuance of subpoenas.
(C) Party Representation.
Any assigned or purchased claim, or any debt acquired from the real party in interest by a third party cannot be presented or defended by said third party unless this third party is represented by counsel. In all other cases, the following rules shall apply:
(1) Natural Persons. A natural person may represent him/herself or may be represented by counsel in any small claims proceeding.
(2) Sole Proprietorship and Partnerships. A sole proprietorship or partnership may be represented by the sole proprietor or partner, owner, counsel, or by a designated full-time employee of the business in the presentation or defense of claims arising out of the business, if the claim does not exceed six thousand dollars ($6,000.00). However, claims exceeding six thousand dollars ($6,000.00) must either be defended or presented by counsel or pro se by the sole proprietor, partner, or owner.
(3) Corporate Entities, Limited Liability Companies (LLC's), Limited Liability Partnerships (LLP's), Trusts. All corporate entities, Limited Liability Companies (LLC's), and Limited Liability Partnerships (LLP's), and Trusts may be represented by counsel, owner, or by a designated full-time employee of the corporate entity, or, in the case of a trust by a trustee, in the presentation or defense of claims arising out of the business if the claim does not exceed six thousand dollars ($6,000.00). However, claims exceeding six thousand dollars ($6,000.00) must be defended or presented by counsel.
(4) Full-Time Employee Designations—Binding Effect of Designations and Requirements.
(a) If a corporate entity, sole proprietorship, partnership, LLC, LLP, or trust designates a full-time employee or trustee to represent it, the corporate entity, sole proprietorship, partnership, LLC, LLP, or trust will be bound by any and all agreements and acts relating to the small claims proceedings entered into by the designated employee or trustee and will be liable for any and all costs, including those assessed by reason of contempt, levied by a court against the designated employee or trustee.
(b) By authorizing a designated full-time employee or trustee to appear under this Rule, the corporate entity, sole proprietorship, partnership, LLC, LLP, or trust waives any present or future claim in this or any other forum in excess of six thousand dollars ($6,000.00).
(c) No person who is disbarred or suspended from the practice of law in Indiana or any other jurisdiction may appear as counsel for a corporate entity or on behalf of a sole proprietorship, partnership, LLC, LLP, or trust under this rule, but may appear as a designated full-time employee of a corporate entity, LLC, or LLP, if employed in a non-legal capacity, or as sole proprietor, partner, trustee, or owner.
(5) Full-Time Employee or Trustee Designations—Contents. A corporate entity, sole proprietorship, partnership, LLC, LLP, or trust that wishes to designate an employee or trustee to represent it must execute a certificate of compliance in each case expressly appointing the person as its representative and must state by a duly adopted resolution in the case of a corporate entity, LLC or LLP; or a document signed under oath by the sole proprietor or managing partner of a partnership, or trustee that the entity shall be bound by the designated employee's or trustee’s acts and agreements relating to the small claims proceeding, and shall be liable for assessments and costs levied by a court relating to the small claims proceeding, and that the corporate entity, sole proprietorship, partnership, LLC, LLP, or trust waives any claim for damages in excess of six thousand dollars ($6,000.00) associated with the facts and circumstances alleged in the notice of claim. Additionally, the designated employee or trustee must file in each case an affidavit stating that he/she is not disbarred or suspended from the practice of law in Indiana or any other jurisdiction.
(6) Any party represented by a designated employee or trustee who fails to comply with these rules or local rules of court may be ordered by the court to appear by counsel and subject to sanctions, including the assessment of costs or reasonable attorney’s fees, the entry of a default judgment, and the dismissal of a claim with or without prejudice. Anyone who engages in conduct that is uncivil or disruptive to the proceeding may be found in contempt of court, which is punishable by a fine, incarceration, or both.