1. (a) The filing of a claim on the small claims docket is considered a waiver of trial by jury.

2. (b) A defendant may, not later than ten (10) days following service of the complaint in a small claims case, demand a trial by jury by filing an affidavit that:

   1. (1) states that there are questions of fact requiring a trial by jury;
   2. (2) specifies those questions of fact; and
   3. (3) states that the demand is in good faith.
3. (c) Notice of the defendant's right to a jury trial, and the ten (10) day period in which to file for a jury trial, shall be clearly stated on the notice of claim or on an additional sheet to be served with the notice of claim on the defendant.

4. (d) Upon the deposit of seventy dollars ($70) in the small claims docket by the defendant, the court shall transfer the claim to the plenary docket. Upon transfer, the claim then loses its status as a small claim.

   [Pre-2004 Recodification Citation: 33-5-2-7.]

As added by P.L.98-2004, SEC.8.