Indiana SB 125: Marion County small claims court jurisdiction.

Bill Text

Introduced Version
SENATE BILL No. 125
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 33-28-1-2; IC 33-29; IC 33-31-1-9;
IC 33-34-3-3.
Synopsis: Marion County small claims court jurisdiction. Requires the
following cases to be filed in a Marion County small claims court: (1)
A possessory action between a landlord and a tenant in which the past
due rent does not exceed $10,000. (2) An action for the possession of
property where the value of the property does not exceed $10,000.
Effective: July 1, 2026.
Taylor G
December 11, 2025, read first time and referred to Committee on Judiciary.
2026 IN 125—LS 6305/DI 149

Introduced
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2025 Regular Session of the General Assembly.
SENATE BILL No. 125
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 33-28-1-2, AS AMENDED BY P.L.195-2019,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 2. (a) All circuit courts have:
4 (1) original and concurrent jurisdiction in all civil cases and in all
5 criminal cases;
6 (2) original and concurrent jurisdiction with the superior courts in
7 all user fee cases;
8 (3) de novo appellate jurisdiction of appeals from city and town
9 courts; and
10 (4) in Marion County, de novo appellate jurisdiction of appeals
11 from township small claims courts established under IC 33-34 but
12 not jurisdiction over a case that must originate in the Marion
13 County small claims court under IC 33-34-3-3.
14 (b) The circuit court also has the appellate jurisdiction that may be
15 conferred by law upon it.
16 SECTION 2. IC 33-29-1-1.5, AS AMENDED BY P.L.195-2019,
17 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2026]: Sec. 1.5. All standard superior courts have:
2 (1) original and concurrent jurisdiction in all civil cases and in all
3 criminal cases;
4 (2) original and concurrent jurisdiction with the circuit courts in
5 all user fee cases;
6 (3) de novo appellate jurisdiction of appeals from city and town
7 courts; and
8 (4) in Marion County, de novo appellate jurisdiction of appeals
9 from township small claims courts established under IC 33-34 but
10 not jurisdiction over a case that must originate in the Marion
11 County small claims court under IC 33-34-3-3.
12 SECTION 3. IC 33-29-1.5-2, AS AMENDED BY P.L.195-2019,
13 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2026]: Sec. 2. All superior courts have:
15 (1) original and concurrent jurisdiction in all civil cases and in all
16 criminal cases;
17 (2) original and concurrent jurisdiction with the circuit courts in
18 all user fee cases;
19 (3) de novo appellate jurisdiction of appeals from city and town
20 courts; and
21 (4) in Marion County, de novo appellate jurisdiction of appeals
22 from township small claims courts established under IC 33-34 but
23 not jurisdiction over a case that must originate in the Marion
24 County small claims court under IC 33-34-3-3.
25 SECTION 4. IC 33-31-1-9, AS AMENDED BY P.L.201-2011,
26 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2026]: Sec. 9. All probate courts have:
28 (1) original and concurrent jurisdiction in all civil cases and in all
29 criminal cases;
30 (2) de novo appellate jurisdiction of appeals from city and town
31 courts; and
32 (3) in Marion County, de novo appellate jurisdiction of appeals
33 from township small claims courts established under IC 33-34 but
34 not jurisdiction over a case that must originate in the Marion
35 County small claims court under IC 33-34-3-3.
36 SECTION 5. IC 33-34-3-3, AS AMENDED BY P.L.125-2021,
37 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2026]: Sec. 3. The court has original and concurrent
39 jurisdiction with the circuit and superior courts in possessory actions
40 between landlord and tenant in which the past due rent at the time of
41 filing does not exceed ten thousand dollars ($10,000). The court also
42 has original and concurrent jurisdiction with the circuit and superior
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1 courts in actions for the possession of property where the value of the
2