Rule 79.1.Special judge selection: city, town, and Marion county small claims courts
Current through July 1, 2026 · Last verified July 13, 2026
Full Text of Rule 79.1
Amendment History
This rule’s current text took effect January 1, 2008. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 79 governs special judge selection in circuit, superior, and probate courts. Rule 79.1 is its counterpart for a different tier of Indiana courts — city courts, town courts, and the Marion County small claims court — and it is the exclusive method for selecting a special judge there. One difference stands out immediately: section (C) requires a motion for change of judge in these courts to be verified, with facts supporting the statutory basis for the change, even though Rule 76(B) allows an unverified, no-reason motion in circuit, superior, and probate courts. Section (B) carries over the same duty to notify the court promptly once such a motion is filed.
Sections (D) and (E) give the parties two paths to select a special judge without a formal panel process: they can agree on a specific eligible individual, whom the court then appoints, or, absent that kind of agreement, they can consent to let the presiding judge choose. Either way, the appointed special judge has twenty days to accept jurisdiction, appear, and qualify, and — unlike a special judge appointed under Rule 79 — is not entitled to the special judge fee described in Rule 79(J). Neither path applies in criminal proceedings.
When the parties cannot agree, sections (F) and (G) split by court type. In a city or town court, the case moves to the county, superior, or circuit court whose docket covers that city or town, at no added cost, and the receiving judge likewise draws no special judge fee. In the Marion County small claims court, the presiding judge instead builds a panel of three other Marion County small claims judges within two days of deciding a special judge is needed; each party gets to strike one name from the panel, with the moving party striking first and seven to fourteen days allowed for striking; a party who misses that deadline either loses the choice back to the presiding judge, if that party was the one who moved for the change, or has the clerk strike on their behalf, if not; and the case then transfers, at no added cost, to whichever judge remains — or, if that transfer proves impossible, to the small claims judge with the highest court identifier number who is not disqualified by interest or relationship.
Eligibility is narrower here than under Rule 79. Section (H) limits special judges in the small claims court itself to other small claims court judges, by statute. For city and town courts, eligibility opens up to any regular circuit, superior, probate, municipal, or county court judge, any senior judge, or any member of the state bar, unless that person already served as judge or sat on a selection panel in the case, is disqualified by interest or relationship, or is already serving the court in another official role, such as bailiff, reporter, referee, commissioner, or magistrate. Section (I) closes the rule by keeping the case with the appointed special judge or the receiving court for everything that follows — enforcement of the judgment and post-conviction relief included — unless a specific statute or rule says otherwise, or the special judge becomes unavailable through death, sickness, absence, or unwillingness to serve.
Frequently Asked Questions
How is getting a new judge in small claims court different from a regular civil case?
Rule 79.1(C) requires a verified motion setting out facts supporting the statutory basis for a change of judge in city, town, and Marion County small claims courts. That is stricter than Rule 76(B), which allows an unverified motion stating no grounds at all for a change of judge in circuit, superior, and probate courts.
Who can serve as a special judge in the Marion County small claims court?
By statute, only another Marion County small claims court judge can serve as special judge there. Rule 79.1(H) draws that eligibility line much narrower than Rule 79, which allows a broader pool of judicial officers to serve as special judges in circuit, superior, and probate courts.
What happens if a city or town court needs a special judge and the parties cannot agree?
Rule 79.1(F) sends the case to the county, superior, or circuit court whose docket covers that city or town, without any additional fees. Neither the transfer nor the receiving judge’s handling of the case triggers the special judge fee described in Rule 79(J).
How does the striking process work for a Marion County small claims special judge?
Rule 79.1(G) has the presiding judge assemble a panel of three other Marion County small claims judges within two days of deciding a special judge is needed. Each party then strikes one name, with the moving party striking first, over a period of seven to fourteen days as the court allows, and the case transfers to whichever judge is left on the panel.
How long does an appointed special judge have to accept a small claims or city/town court case?
Rule 79.1(D) and (E) both give a special judge appointed by party agreement or by the presiding judge’s selection twenty days to accept jurisdiction, appear, and qualify in the case.
Do special judges in city, town, and small claims courts get paid the same fee as under Rule 79?
No. Rule 79.1(D), (E), and (F) each specifically state that a special judge selected by party agreement, by the court’s selection, or by transfer to a city or town court’s home docket is not entitled to the special judge fee described in Rule 79(J).
Does Rule 79.1 apply to criminal cases in these courts?
No. Rule 79.1(D) specifically excludes criminal proceedings from the party-agreement selection process it describes, and the rule as a whole is aimed at the civil and small claims docket of city, town, and Marion County small claims courts.