Section 33-34-3-11 - Waiver of trial by jury; transfer of claim(a) A filing of a civil claim in the small claims court constitutes a waiver of trial by jury by the plaintiff.(b) A defendant in a small claims case waives the right to trial by jury unless the defendant requests a jury trial at least three (3) calendar days before the trial date that appears on the complaint. Upon the filing of a jury trial request, the small claims court shall transfer the claim to the superior court of the county. The defendant shall pay all costs necessary for filing the claim in the superior court as if the cause had been filed initially in that court.(c) A notice of claim filed in the small claims court must include a statement that reflects the provisions of subsection (b).Pre-2004 Recodification Citation: 33-11.6-4-10.
As added by P.L. 98-2004, SEC.13.