Indiana Small Claims Court Timeline and How to Request a Continuance
Typical Timeline From Filing to Hearing
Indiana small claims cases move faster than regular civil lawsuits, but they are not instant. Here is what to expect as a defendant when a case is filed and served:
Filing to hearing: 30 to 60 days. Trial dates are typically set 30 to 60 days after the plaintiff files the case. Your Notice of Claim lists the hearing date. Some counties run dedicated small claims docket days (a "claims calendar") and batch multiple cases in a single session; others schedule individual trial dates.
Minimum notice before hearing: Local rules set the floor. In Allen County, for example, the defendant must be served at least 10 days before a claims calendar hearing or 20 days before a trial calendar hearing. Other counties may set different minimums. If you were served with less than the required notice, you have grounds to request a continuance.
Hearing to decision: same day to several days. Many judges rule from the bench immediately after both sides present. Others take the case under advisement and issue a written judgment within several days. The ruling is entered on the court's Chronological Case Summary (CCS), which you can check on mycase.in.gov.
Post-judgment: If you lose, the plaintiff can begin collection efforts once the judgment is entered. Statutory post-judgment interest accrues at 8% per year under IC § 24-4.6-1-101 until the judgment is satisfied. If you win, the case is over unless the plaintiff appeals.
Calculating Deadlines
Indiana Trial Rule 6 governs how deadlines are counted:
- The day of the triggering event (service, filing, judgment entry) is excluded
- The last day of the period is included
- If the deadline falls on a Saturday, Sunday, or court holiday, it extends to the next business day
This matters most for the 10-day jury demand window (counted from service of the Notice of Claim) and the 30-day appeal deadline (counted from entry of the final judgment on the CCS).
How to Request a Continuance
If you cannot attend your hearing — a medical emergency, a work conflict you cannot reschedule, a family crisis — you can ask the court to postpone it. Under Small Claims Rule 9, the court may grant a continuance on a showing of good cause.
Step 1: Draft a Verified Motion for Continuance. This is a written document that:
- States the cause number, court, and both parties' names
- Explains why you cannot attend on the scheduled date
- Proposes one or two alternative dates if possible
- Includes supporting evidence (a doctor's note, a work letter, travel documentation)
- Is signed under oath (verified)
Step 2: File with the clerk. File in person, by mail (include a self-addressed stamped envelope), or through the Indiana E-Filing System at courts.in.gov/efile. Serve a copy on the plaintiff.
Step 3: Wait for the judge's order. The court must formally grant the continuance on the CCS before the hearing date changes. Until you see that order, the original date is still binding.
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What Does Not Count as a Continuance
These common mistakes leave defendants exposed to a default judgment:
- Calling the clerk's office. A phone call does not change the hearing date. Clerks cannot grant continuances — only judges can.
- Telling the plaintiff you need more time. Even if the plaintiff agrees to postpone, the court does not know unless someone files the request and gets a written order.
- Having ongoing settlement talks. Negotiating with the plaintiff does not pause the clock. If you do not show up because you thought you were close to a deal, the court may enter a default judgment.
- Filing the motion but not checking for a ruling. A motion that has not been granted does not change the hearing date. Check mycase.in.gov or call the clerk after filing to confirm the judge granted it.
How Many Continuances Can You Get?
Small Claims Rule 9 allows the court to grant a continuance on a showing of good cause. The judge decides each request based on its circumstances. Explain your reason and include supporting information where available.
The plaintiff can also request continuances, which extends the overall timeline. Some cases bounce for months when both sides have legitimate scheduling problems.
When the Timeline Feels Too Fast
As a defendant, you had no say in when the case was filed. The plaintiff chose the timing. If you were served and your hearing is in three weeks, that may not feel like enough time to gather evidence, contact witnesses, and prepare your defense.
A continuance is the tool to ask for more time. File a written motion early, explain why you need additional preparation time, and include supporting information where available. The court may grant the request for good cause.
For a step-by-step walkthrough of what to do after being served — from reading your papers to preparing your evidence and attending the hearing — see the Indiana Small Claims Response Guide.
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