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COA reverses small claims judgment

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The Indiana Court of Appeals reversed a small claims court judgment because it was troubled by the court's outright refusal to give the plaintiff a chance to introduce evidence to refute a counterclaim.

In Robert A. Elrod v. Larry Brooks, No. 10A01-0903-CV-155, Robert Elrod appealed the small claims court's judgment in favor of Larry Brooks, who was the defendant in Elrod's suit and filed a counterclaim for theft and conversion. Elrod filed his original complaint alleging Brooks never gave him the title or bill of sale for two trailers he purchased from Brooks.

The small claims court knew there was a complaint and counterclaim before Elrod presented his case. After he finished, the judge asked if Elrod wanted to present any more evidence, to which Elrod said no. Then Brooks brought his case; Elrod asked to let witnesses dispute Brooks' claims, but the judge refused.

The small claims judge said he had given Elrod a chance to present his case and Brooks didn't present anything surprising or shocking. He also said letting Elrod present his case again would be like starting over, which he can't allow. The court granted judgment in Brooks' favor and ordered Elrod to pay $3,000 in damages.

The Court of Appeals determined the small claims court erred in denying Elrod the opportunity to present evidence on Brooks' counterclaim. It recognized the great amount of discretion the small claims court has in conducting proceedings before it, but it erred in not letting Elrod try to refute Brooks' counterclaim, wrote Judge Patricia Riley.

There's nothing in the Small Claims Rules that would prevent it from following the Rules of Trial Procedure, as the Indiana Supreme Court ruled in Bowman v. Kitchel, 644 N.E.2d 878, 879 (Ind. 1995). In that case, the high court decided that the Rules of Trial Procedure apply in small claims court unless the particular rule in question is inconsistent with something the small claims rules.

"Even if it was the small claims court's intention that Elrod should have presented all his evidence which supported his claim and contested Brooks' counterclaim at the same time, the court never shared this intent with the parties," Judge Riley wrote. "Regardless, it would still be dubious for Elrod to have to defend against a claim before hearing the evidence in support of it. Although informality is the key in small claims proceedings, it should not come at the cost of fundamental rights of the parties."

The appellate court remanded for a new trial.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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