Sec. 3. (a) This subsection applies before July 1, 2018. The small claims court is not a court of record. A person who wishes to appeal the judgment of a small claims court entered before July 1, 2018, shall appeal the case to the circuit or superior court under IC 33-34-3-15.

     (b) This subsection applies after June 30, 2018. The small claims court is a court of record. A person who wishes to appeal the judgment of a small claims court entered after June 30, 2018, shall appeal the case to the court of appeals in accordance with IC 33-34-3-15.1.

Terms Used In Indiana Code 33-34-1-3

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Service of process: The service of writs or summonses to the appropriate party.
     (c) This subsection applies after June 30, 2018. Notwithstanding any other law, the elected constable shall continue to serve the court’s personal service of process even after the court becomes a court of record.

[Pre-2004 Recodification Citation: 33-11.6-1-4.]

As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.1.