How do I answer an appeal in small claims court?
Full Question:
Answer:
Please see the following IN laws to determine applicability:
C. Appeals From Marion County Small Claims Courts. The following rules
shall govern all appeals from the Marion County Small Claims Courts to
the Marion Superior Court.
(1) Any party may appeal from the judgment of the Marion County Small
Claims Court to the Marion Superior Court, within 60 days from its
entry; and when there are two or more plaintiffs or defendants, one or
more of such plaintiffs or defendants may appeal without joining the
others in such appeal or plaintiff may add new parties at the time he
re-pleads his Complaint in accordance with the Indiana Rules of Trial
Procedure.
(2) The Small Claims Court Judge shall certify a completed transcript
of all the proceedings had before said Judge and transmit the same,
together with all other papers in the cause, to the Marion County Clerk,
within 20 days.
(3) Appeals may be authorized by the Marion Superior Court after the
expiration of Sixty (60) days, when the party seeking the appeal has been
prevented from taking the same by circumstances not under his control.
Rule 8. General rules of pleading
(A) Claims for Relief. To state a claim for relief, whether an original
claim, counterclaim, cross-claim, or third-party claim, a pleading must
contain:
(1) a short and plain statement of the claim showing that the pleader
is entitled to relief, and
(2) a demand for relief to which the pleader deems entitled. Relief in
the alternative or of several different types may be demanded. However,
in any complaint seeking damages for personal injury or death, or seeking
punitive damages, no dollar amount or figure shall be included in the
demand.
(B) Defenses: Form of denials. A responsive pleading shall state in
short and plain terms the pleader's defenses to each claim asserted and
shall admit or controvert the averments set forth in the preceding
pleading. If in good faith the pleader intends to deny all the averments
in the preceding pleading, he may do so by general denial subject to the
provisions of Rule 11. If he does not intend a general denial, he may:
(1) specifically deny designated averments or paragraphs; or
(2) generally deny all averments except such designated averments and
paragraphs as he expressly admits.
If he lacks knowledge or information sufficient to form a belief as to
the truth of an averment, he shall so state and his statement shall be
considered a denial. If in good faith a pleader intends to deny only a
part or a qualification of an averment, he shall specify so much of it as
is true and material and deny the remainder. All denials shall fairly
meet the substance of the averments denied. This rule shall have no
application to uncontested actions for divorce, or to answers required to
be filed by clerks or guardians ad litem.
(C) Affirmative defenses. A responsive pleading shall set forth
affirmatively and carry the burden of proving: Accord and satisfaction,
arbitration and award, discharge in bankruptcy, duress, estoppel, failure
of consideration, fraud, illegality, injury by fellow servant, laches,
license, payment, release, res judicata, statute of frauds, statute of
limitations, waiver, lack of jurisdiction over the subject-matter, lack
of jurisdiction over the person, improper venue, insufficiency of process
or service of process, the same action pending in another state court of
this state, and any other matter constituting an avoidance, matter of
abatement, or affirmative defense. A party required to affirmatively
plead any matters, including matters formerly required to be pleaded
affirmatively by reply, shall have the burden of proving such matters.
The burden of proof imposed by this or any other provision of these rules
is subject to the rules of evidence or any statute fixing a different
rule. If the pleading mistakenly designates a defense as a counterclaim
or a counterclaim as a defense, the court shall treat the pleading as if
there had been a proper designation.
(D) Effect of failure to deny. Averments in a pleading to which a
responsive pleading is required, except those pertaining to amount of
damages, are admitted when not denied in the re ponsive pleading.
Averments in a pleading to which no responsive pleading is required or
permitted shall be taken as denied or avoided.
(E) All pleadings to be concise and direct — Consistency.
(1) Each averment of a pleading shall be simple, concise, and direct.
No technical forms of pleading or motions are required. All fictions in
pleading are abolished.
(2) A pleading may set forth two [2] or more statements of a claim or
defense alternatively or hypothetically, either in one [1] count or
defense or in separate counts or defenses. When two [2] or more
statements are made in the alternative and one [1] of them if made
independently would be sufficient, the pleading is not made insufficient
by the insufficiency of one or more of the alternative statements. A
pleading may also state as many separate claims or defenses as the pleader
has regardless of consistency and whether based on legal or equitable
grounds. All statements shall be made subject to the obligations set
forth in Rule 11.
(3) Motions and pleadings, joint and several. All motions and pleadings
of any kind addressed to two [2] or more paragraphs of any pleading, or
filed by two [2] or more parties, shall be taken and construed as joint,
separate, and several motions or pleadings to each of such paragraphs and
by and against each of such parties. All motions or pleadings containing
two [2] or more subject-matters shall be taken and construed as separate
and several as to each subject-matter. All objections to rulings made by
two [2] or more parties shall be taken and construed as the joint,
separate, and several objections of each of such parties.
A complaint filed by or against two [2] or more plaintiffs shall be
taken and construed as joint, separate, and several as to each of said
plaintiffs.
(F) Construction of pleadings. All pleadings shall be so construed as
to do substantial justice, lead to disposition on the merits, and avoid
litigation of procedural points.