Courts of Indiana

Transcription

♪ ♪ Hello. As a representative of the Indiana Court system, I want to welcome you and hope that your experience with the Indiana courts will be a good one. You may have some questions about small claims or what to expect in court. This video is meant to inform you of your rights and responsibilities and to give you the information to make decisions about your small claims case. Small claims are a part of a special type of civil case in which the amount the Plaintiff wishes to recover is $6,000 or less. Indiana has created a special way to handle these cases in court, using a speedy and more informal procedure than most other types of court cases. In many counties, the Circuit or Superior Court handles these cases. The information presented here should not be considered as legal advice. Only a practicing attorney can provide you with legal advice. <i> If you would like an attorney</i> <i> to represent you in court,</i> <i> visit the website shown on the screen.</i> <i> You may be able to find free or low-cost</i> <i> legal help in your community.</i> ♪ ♪ This video is designed for people who are involved with Small Claims Court proceedings. Throughout this video, we'll be offering you important information you'll need to know about small claims cases... information about the legal process, the court system and what the court expects of you. This video is divided into short, easy-to-understand chapters that will cover legal concepts and information. At any point, you can stop the video and click on a chapter heading to review any chapter. ♪ ♪ Let's start with some general terms used in Indiana courts of law. The person who files a lawsuit is the<b> "Plaintiff."</b> The person the lawsuit is filed against is the<b> "Defendant."</b> Each piece of paperwork submitted to the court is known as a<b> "Pleading."</b> A<b> "Notice of Claim"</b> is a written statement of a claim, which serves as a notice that a lawsuit has been filed and requires the parties to appear in court. ♪ ♪ Everyone who comes before the Small Claims Court has certain legal rights. With these rights also come some responsibilities. We will discuss many of these rights and responsibilities in more detail. But in general, your rights include: <i> The right to receive notice</i> <i> of any court action on your behalf;</i> <i> The right to be represented by an attorney</i> <i> OR, the right to represent yourself;</i> <i> The right to request a continuance;</i> <i> The right to request a court-appointed interpreter;</i> <i> The right to see your file,</i> <i> to keep parts of your file confidential,</i> <i> and to have your file photocopied at your expense;</i> <i> The right to have your case heard by the Judge;</i> <i> The right to choose the method</i> <i> of serving a Notice of Claim; and</i> <i> The right to discuss your case</i> <i> with the opposing party or attorney,</i> <i> and to enter into a pre-trial agreement.</i> <i> You also have the right to refuse</i> <i> to enter into these discussions.</i> ♪ ♪ If you want to file a small claim, the court staff will provide you a form called a "Notice of Claim." This notice must state the basis for your claim against the Defendant, or, in essence, the reasons why you are filing the lawsuit. The court staff can help you prepare forms, such as a Notice of Claim. But only an attorney can give you legal advice. Neither the court staff nor the Judge can tell you what claims to make or how to proceed. <i> You have the right to decide how the notice will be served:</i> <i> by<b> Sheriff</b></i> ,<i> by<b> Certified Mail</b></i> , <i> or by<b> Publication</b> <b> of Notice</b></i> . If you are a Defendant in a small claims case, you have the right to receive the Notice of Claim, so that you can properly defend the claim. When you receive the Notice of Claim, it will state the date and time for the trial of the case. If this scheduled date is inconvenient, you may request a<b> Continuance</b> . This must be done in writing and filed with the court. All requests for continuance should be filed as far in advance of the trial date as possible, and should clearly state the factual reasons you need a continuance. The Court will grant or deny a request for continuance and will notify you of the result. ♪ ♪ If you cannot speak or understand English and may have trouble understanding what is being said in court, you may ask the court for an interpreter. Court-appointed interpreters are available in many languages. Court-appointed interpreters cannot give you legal advice, but they can translate and help you understand what is being said in court in the language you prefer. If you require an interpreter, tell the court staff as soon as possible, so that the court can contact an interpreter for you. ♪ ♪ It is common for courts to ask the parties to sit down and talk to see whether they can come to an agreement. This is known as a<b> Settlement Conference</b> . <i> You have the right to participate</i> <i> in a Settlement Conference to discuss your case</i> <i> with the opposing party and their attorney.</i> <i> You also have the right to decline this discussion,</i> <i> and you are not required to agree to a settlement.</i> <i> If you do agree to a settlement,</i> <i> make sure that the terms of this settlement</i> <i> are put into writing.</i> You may request to see the Judge, as long as the other party or their attorney is present. You have the absolute right to have the Judge hear the case and make a decision. ♪ ♪ Any party to a small claims case has the right to be represented by an attorney. Or if you wish, you may choose to represent yourself. Remember, only an attorney may represent someone else. This means you can only represent<i> <b> yourself</b></i> . You may not represent anyone else involved in the case. Before making a final decision to represent yourself in court, you might wish to consult an attorney. Some attorneys will evaluate your case for a one-time consultation fee, or they may take your case with an agreement to seek fees from the other party. However, be aware that many attorneys may not wish to take cases involving low dollar amounts. <i> For those who are eligible,</i> <i> there are many community resources that provide</i> <i> low or no-cost legal representation.</i> <i> For help in obtaining an attorney,</i> <i> contact the following organization.</i> <i> Please note that none of these agencies</i> <i> can guarantee that an attorney will take your case.</i> <i> For more information about the small claims process,</i> <i> please visit the Indiana Legal Services' Law Library</i> <i> at the web address on your screen.</i> ♪ ♪ By filing a case in Small Claims Court, the Plaintiff gives up the right to have a jury decide the case. All Defendants are entitled to ask for a jury trial. To do this, you must file a written request for jury trial within 10 days of the date you receive the Notice of Claim. If you do not make this request within 10 days, the outcome of the case will be determined by a judge, not a jury. If a jury is requested within the 10-day deadline, the case will no longer be considered a "Small Claims" case. At this point, it is transferred out of the Small Claims system and placed with the county's Circuit or Superior Court. A Defendant who has requested a jury trial must pay a transfer fee. ♪ ♪ All participants in a small claims case may view the court file and receive copies of filed documents. The court may charge you for these copies. You also have the right to keep confidential from the public, not the other party, any sensitive information, such as account numbers or social security numbers. When your case comes to trial, you have the right to present evidence, which can be presented through verbal testimony or documents. You may testify or you may wish to have others testify. Any evidence you wish the Judge or court to see must be brought to the hearing. ♪ ♪ Going to court is serious business and may result in a significantly influential decision. You owe it to yourself and to the court to inform yourself and fulfill your responsibilities. Even though the small claims process tends to operate in a more informal environment than other court proceedings, there are still important deadlines you must meet. You must be aware of these deadlines, since the failure to meet them will have serious implications upon your case. <i> If you cannot comply with a deadline,</i> <i> you may file a written request for additional time...</i> <i> a request that explains the reasons</i> <i> why you require additional time to comply.</i> <i> Before your case begins, you may wish</i> <i> to familiarize yourself with how your case</i> <i> will be conducted by sitting in court</i> <i> and observing the proceedings in other cases.</i> You can observe how other hearings proceed and how the parties prepare and interact in court. Don't rely on representations of court proceedings you may see on television or in the movies. <i> <b> Real</b></i> court proceedings don't work that way. ♪ ♪ As a participant in a small claims case, be sure that your court documents are in the correct format. The court will give you a "Notice of Claim" form to begin the case. If you need to file other pleadings, do not simply write a letter. <i> You need to make your request look like a court document</i> <i> and include all necessary information.</i> <i> This includes the names of the Plaintiff and Defendant,</i> <i> the case number, and the court.</i> Use short, simple sentences to explain your issues and what you would like the court to do. While there are no small claims forms on the Supreme Court self-service site, you can look at the forms there as an example to create your own forms. ♪ ♪ If you are representing yourself, it is your responsibility to understand how to deal with the issues in your case. You should research the statutes, local rules, and procedures that apply to your case. You may be able to find this information by consulting the Supreme Court website, by using the law library in your county courthouse, or by utilizing materials available at a local library. <i> Here are some other important responsibilities:</i> <i> Don't be late for your appointed court date.</i> <i> Make a good impression by arriving on time...</i> <i> or early, if possible.</i> <i> Bring copies of all your legal paperwork to court.</i> <i> Dress in a manner that shows respect</i> <i> for the court and the proceedings.</i> <i> Some courts may have specific</i> <i> guidelines for courtroom dress.</i> It's always a good idea to check with the court ahead of time, so that you know exactly what's expected. ♪ ♪ Your behavior in and around the courtroom and court offices is very important. Here are some general guidelines for courtroom conduct... <i> Don't bring children with you to your court appearance,</i> <i> unless you are asked to do so by the Judge.</i> <i> Turn off cell phones and electronic devices</i> <i> while in the courtroom, court offices</i> <i> or when attending conferences called by the court.</i> <i> Do not chew gum, eat or bring</i> <i> beverages into the courtroom.</i> <i> Never appear in court if you have been</i> <i> consuming alcohol or illegal drugs.</i> <i> Always stand when the Judge or other judicial officer</i> <i> enters or leaves the bench,</i> <i> and when addressing the Judge or other judicial officer.</i> <i> Address these officials as "Your Honor."</i> <i> Address all comments to the Judge,</i> <i> except when you are questioning a witness.</i> <i> Never yell or curse at the Judge,</i> <i> the other party, or anyone else in the courtroom.</i> <i> Address all other people in the courtroom as either</i> <i> "Mister" or "Miss," or as "Sir" or "Ma'am."</i> <i> An official record will be kept</i> <i> throughout the courtroom proceedings.</i> <i> All of your comments will be recorded.</i> <i> Be sure to speak clearly, slowly,</i> <i> and at a volume that can be heard and understood.</i> <i> Listen carefully and wait your turn to speak or respond.</i> <i> Do not interrupt others when they are talking.</i> <i> Be sure to bring a pen and paper to court with you.</i> <i> Take good notes, so that you will have a record</i> <i> of what the other party is saying.</i> <i> This can also help you better prepare your responses.</i> If you don't understand something, or if you are confused as to what you are required to do next, it is perfectly okay to ask questions. Always address the Judge when you ask. Do not interrupt. Be sure to speak clearly and in a respectful manner. ♪ ♪ We hope this video has helped you understand more about the Indiana Small Claims Court system and helped answer some of your questions regarding this legal process. If you would like samples of court forms, <i> please visit the Indiana Supreme Court's Self-Service</i> <i> Legal Center at the web address on your screen.</i> <i> If you would like more information</i> <i> about the Small Claims Courts,</i> <i> please visit the Indiana Legal Services' Law Library</i> <i> at the web address on your screen.</i> ♪ ♪