Marion county indiana criminal court records
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Marion County, IN Public Records
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At Indiana Legal Services, executive director Jon Laramore said litigants and attorneys will have to remember to preserve objections and evidence for any possible appeal. Presently, what happens in Marion County small claims courts stays there. The dialogue from the litigants and inquiries from the judge are not in any way preserved.
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When a decision is appealed, the case goes to Marion Superior Court, where the entire process starts anew. With no record to build upon, the small claims judgments are vacated and the litigants must start from scratch. They have to file complaints, responses and motions with the court, and they usually have to take on the expense of hiring an attorney for representation.
The change will put recording microphones in the small claims courtrooms in the nine townships in Marion County to capture the proceedings and create a record. Any rulings that are appealed will leap to the appellate level, where the record from small claims will become the foundation of the arguments.
Baker does not expect the transition to have much impact on the Court of Appeals.
Oregon Judicial Department : Marion Home : Marion County Circuit Court : State of Oregon
However, Chase Haller, housing attorney at the Neighborhood Christian Legal Clinic, sees the potential for a higher volume of small claims cases to reach the appeals court. As a result, the need for appellate attorneys to provide pro bono assistance could increase. Haller said legal aid nonprofits may not only have to adjust their intake process to handle individuals who want to appeal a small claims ruling, but also will have to start building a network of lawyers who regularly practice in the appellate courts.
The uptick in appeals could also provide more opportunities for caselaw to be created regarding small claims matters, Haller said. Currently, only a few appellate decisions govern landlord-tenant issues, and those are several years old. But with appeals of evictions or rent-to-own agreements, a ruling would have the possibility of helping individuals and families across the state secure stable housing.
The importance of having a record was underscored in the October decision in Dyamond Harris v. In reviewing the record, the appellate panel found the landlord had mischaracterized to the Court of Appeals what had actually happened in small claims. Marion County small claims courts have been in the spotlight since the Wall Street Journal in detailed forum shopping and unfair collection practices.