How to Appeal a Small Claims Court Decision in Indiana

Appeal to the Indiana Court of Appeals

Small claims judgments entered after June 30, 2018 are appealed to the Indiana Court of Appeals. The distinction between Marion County township courts and the other county dockets matters because Marion County's township courts became courts of record on that date:

Circuit and Superior Court small claims dockets (91 counties): These are courts of record, meaning a transcript or recording of the hearing exists. You appeal directly to the Indiana Court of Appeals. The standard is appellate review of the existing record — the appeals court reviews whether the trial judge made legal errors or reached a decision unsupported by the evidence. No new witnesses, no new evidence, no new trial.

Marion County Township Small Claims Courts (9 townships): For judgments entered after June 30, 2018, these courts are courts of record. Appeals go directly to the Indiana Court of Appeals under Indiana Code §§ 33-34-1-3 and 33-34-3-15.1. The appeal is based on the trial-court record; it is not a new trial, and you cannot present new evidence.

The 30-Day Deadline

For Circuit and Superior Court cases and Marion County township cases, you must file a Notice of Appeal with the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court within 30 calendar days after the final judgment is noted on the Chronological Case Summary (CCS). Under Appellate Rule 9(A), missing this deadline forfeits your right to appeal.

One important wrinkle: if you file a Motion to Correct Error under Trial Rule 59 before filing your appeal, the 30-day clock pauses until the trial court rules on the motion or it is deemed denied under Trial Rule 53.3. This can be a strategic move if you believe the judge made a clear factual or legal error that the same court could correct without going through the full appellate process.

What an Appeal to the Court of Appeals Involves

Appealing to the Indiana Court of Appeals is not a second chance at trial. The appeals court works from the record — the evidence and arguments that were presented at the small claims hearing. You need to show that the trial judge made a legal error (applied the wrong legal standard, admitted or excluded evidence improperly) or that the decision was clearly erroneous given the evidence presented.

The process involves:

1. Notice of Appeal filed within 30 days
2. Transcript or submission of the record — you may need to obtain a recording of the hearing from the court reporter or clerk
3. Appellant's Brief — a written legal argument explaining why the trial court's decision was wrong
4. Appellee's Brief — the opposing party's written response
5. Oral argument — not guaranteed; the court may decide based on the briefs alone

This is significantly more formal than the original small claims hearing. Most self-represented litigants find the appellate process difficult without legal assistance. Attorney fees for a small claims appeal typically run $2,000–$5,000, which can exceed the amount in dispute.

What an Appeal from a Marion Township Court Involves

Marion County township judgments entered after June 30, 2018 are appealed to the Indiana Court of Appeals, like other small-claims judgments from courts of record. The Court of Appeals reviews the record from the hearing rather than holding a fresh trial.

When an Appeal Makes Sense

Consider the math before appealing. The filing fee, potential transcript costs, and attorney fees can add up quickly — especially for Circuit/Superior Court appeals that go to the Court of Appeals. An appeal over a $2,000 judgment that will cost $3,000 in legal fees does not make financial sense unless there is a principle at stake or the case has broader implications for your business.

Appeals are strongest when:

• The judge applied the wrong legal standard (measured damages incorrectly, ignored a statute)
• Key evidence was improperly excluded or the judge relied on evidence that should not have been considered
• You were denied a continuance under circumstances that prevented you from presenting your case
• The record shows an error that affected the decision; the appeal is decided from that record, not new evidence

The Indiana Small Claims Response Guide covers the full post-decision landscape, including when an appeal is worth pursuing, the Motion to Correct Error strategy, and the Marion County court-of-record rule.

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