Plaintiff for Initial Hearing

[Jctm]

Jurisdiction

Indiana

My wife and I are Plaintiffs for a small claims court case in Indiana. We are suing a heating and air-conditioning company over a failed installation and repair.

My question is at the initial heairng is it necessary for BOTH my wife and myself to be at the initial hearing or can just one of us be in attendance? Both our names are listed as Plaintiffs.

Thank you!

 

[zddoodah]

I doubt anyone here has intimate knowledge of Indiana small claims procedures. I suggest calling the court clerk and asking. However, unless there's some compelling reason why one of you can't be there, you both probably should make every effort to be there.

 

[adjusterjack]

Why do you refer to it as "initial hearing"? "Initial hearing" implies that there would be a subsequent hearing or trial.

Both the Indiana court rules and the Indiana small claims guide use the words "hearing" and "trial" synonymously with no indication that there would be more than one.

small-claims-manual.pdf (in.gov)

Indiana Small Claims Rules

I suggest that you both show up lest the Defendant be entitled to a dismissal if he is unable to question a Plaintiff who is a party to the lawsuit.

Don't risk it.

 

[Jctm]

Pro

Why do you refer to it as "initial hearing"? "Initial hearing" implies that there would be a subsequent hearing or trial.

Both the Indiana court rules and the Indiana small claims guide use the words "hearing" and "trial" synonymously with no indication that there would be more than one.

small-claims-manual.pdf (in.gov)

Indiana Small Claims Rules

I suggest that you both show up lest the Defendant be entitled to a dismissal if he is unable to question a Plaintiff who is a party to the lawsuit.

Don't risk it.

I call it an initial hearing because that is how it is listed...

 

[adjusterjack]

Dockets often have nothing to do with reality.

I would be more inclined to rely on the two documents I posted and err on the side of caution.

 

[Jctm]

Dockets often have nothing to do with reality.

I would be more inclined to rely on the two documents I posted and err on the side of caution.

It's an initial hearing because that is what it is... we filed suit... the Defendant was served and now we are waiting to attend the initial hearing...

 

[doucar]

It's an initial hearing because that is what it is... we filed suit... the Defendant was served and now we are waiting to attend the initial hearing...

As a former small claims court judge, albeit in California, the "initial" hearing was the trial unless there was a very valid reason for a continuance.

 

[adjusterjack]

Same here in AZ. During my numerous forays as a Plaintiff the first court appearance was THE court appearance of all parties and that was the trial.


Jctm, be prepared for trial.