Be Brief

Communicating in the Courtroom

The best advice for communicating in the courtroom is: Be Brief.   The best way to explain your problem is in a clear and direct way.  Do not muddy your position by trying to “throw mud” on your opposing party.  It does not work.  If you can state your case in less than 5 minutes, do so.  Your most important points will always take less than 5 minutes to explain.  Leave out all the rest. 

Here's a link to a great article on brevity:  How To Be Brief

Take care,

Judge Michelle Smith Scott

Post-Inauguration Thoughts

A New Standard-Bearer

January 20, 2009

On a cold January day, millions of people trekked to Washington, DC to attend the Inauguration of President-elect Barack Obama, the nation's first African-American President. I chose to stay in Indianapolis and watch the historic moment on TV along with many other millions. At the City-County Building in Indianapolis, there were many people standing near the televisions in the lobby area to catch a glimpse of history. My court staff huddled around a small TV in the court next door. I took the opportunity and raced home to watch the oath with my husband. Most courts paused their morning dockets, or cleared it ahead of time to devote the morning to the Inauguration.

After seeing Barack Obama take the oath of office and the multitudes of people, I told a friend that I feel very proud as an African-American and as a person who inherited the civil rights banner from my parents. But I also confessed that I feel a heavier burden after seeing the Inauguration of President Barack Obama. Why? Because there is something that motivates me when I see another person fulfill a huge achievement. This one was a monumental, awe-inspiring, life-changing achievement. It was a huge deal because it affected so many lives. People flocked to Washington, D.C. and paused to observe because they wanted to be a part of history. People from all over the world were celebrating. My reaction was celebration and a simple commitment: I must do better. On Tuesday, the inauguration greeted me with a renewed obligation to do everything better. I want to do a better job at work, at home and in my daily interactions because they may leave a lasting influence. I believe I can make every aspect of my life better, and the first step is taking on this commitment.

The inauguration taught me that the reward for hard work is more hard work. I have been the judge at the Center Township Small Claims Court for 2 years. Last year, our court had over 15,000 filings. That number is higher than the previous year and is the reward for hard work. I look forward to applying my renewed commitment to every case at the Court and helping litigants resolve their legal disputes. I want my reward to be more hard work. My goal is to have the very best court in the state and to set the standard for small claims courts.

In the book Outliers, Malcolm Gladwell writes that it takes 10,000 hours to be become an expert in any field or enterprise. To be a standard-bearer you must be an expert. My goal is to be a standard-bearer in my field and the inauguration not only inspired me, but motivated me to press on!

I hope the celebration in Washington, DC did the same for you-- Press On!


Yours truly,

Michelle Smith Scott

2007 Progress Report

January 2008

The year begins with a 2007 Progress Report. In 2007, the Center Township Small Claims Court had a record year for case filings-- over 14,000! The new year brings the opportunity to give a progress report from my perspective as judge. I am very proud that our court was able to serve a record number of litigants. In 2007, we were able to streamline the court calendar and make the landlord-tenant proceedings faster and less congested by setting staggered hearing times. We also heard from many landlords who noticed that the court decreased the time gap between the filing and hearing date for evictions. A real estate case is now set for hearing in two (2) weeks.

Now for the areas we still must improve.

Continuances. In 2008, the court aims to rule on continuances and other motions requesting rescheduling in a much shorter time period. The goal is to have motions for continuance ruled on in less than three (3) days.

All Other Motions. In 2008, the court aims to rule on all other motions in less than thirty (30) days. This does not include Exemption Hearings or Motions to Set Possession Aside, or other motions that are more time-sensitive and may require an emergency or expedited ruling.

Litigants will notice a few other changes to court operation in 2008.

Redocket Fee. Effective February 1, 2008, a $5.00 Redocket Fee is required for all Motions to Set Dismissal Aside, pursuant to Indiana Code Sec. 33-34-8-1.

Copies. Litigants must have copies of any documents presented at trial for the court's file. The court staff cannot make copies.

Repayment Plans. Litigants who have a judgment against them may set up payment arrangements and pay the court directly by completing a Repayment Plan form. Repayment plans must have the approval of the court, pursuant to Small Claims Court Rule 11 (C) which states:

Method of Payment. Modification. The court may order a judgment paid the prevailing party in any specified manner. If the judgment is not paid as ordered the court may modify its payment order as it deems necessary. The judgment creditor may seek enforcement of his judgment by any other method provided by law.


The goal for 2008 is to help the Center Township Small Claims Court become more effective for litigants through improved court operations.

Every year brings new hope and new potential and always brings opportunity for improvement!


Have a great day!

Judge Michelle Smith Scott

For more information about landlord-tenant, collections, or other small claims matters, contact the Center Township of Marion County Small Claims Court, Indianapolis, Indiana at (317) 327-5060.

Thankful To Serve

Thanksgiving 2007

The Thanksgiving Holiday has come and gone and we are all recovering from too much turkey. This year my family donated and volunteered to serve at the Mozel Sanders Foundation Thanksgiving Dinner which serves 30,000 meals on Thanksgiving Day. One of the things I am grateful for is the opportunity to give, especially on a day when everyone is thankful for something.

There are many things we should be thankful for everyday. The obvious things are family, friends, good health, etc. I am thankful for the open and fair legal process that Small Claims Court offers everyone. The legal process can help repair, protect, compensate and equalize many aspects of our daily living. A renter is often thankful for affordable housing that is maintained in good condition. A property owner is often thankful for neighbors and tenants who respect boundaries and property. A patient is often thankful for a bill collector who shows respect for their difficult situation by accepting payment arrangements.

Relationships with Family & Friends. Affordable Housing. Good Health.

As a small claims court judge, I hear many trials involving housing, credit, personal injury and a variety of all types of disputes. I must bring patience, dignity and courtesy to the bench everyday. To every case. To every person. I am thankful to serve the Center Township Small Claims Court and settle disputes that affect so many aspects of our life.

Happy Thanksgiving-- everyday.

Judge Michelle Smith Scott


For more information about landlord-tenant issues, credit collection, or other small claims matters, contact the Center Township of Marion County Small Claims Court, Indianapolis, Indiana at (317) 327-5060.

The First Year Lessons from Small Claims Court

Veteran's Day 2007

We are fast approaching the end of 2007. I was elected judge in the Center Township Small Claims Court in Indianapolis, Indiana in November last year. I have been on the bench for almost a year. The Center Township Small Claims Court is one of the busiest courts in the state. I consider myself a "veteran" of small claims court legal ssues. One of the lessons I have learned from being in my position is: people deserve to be heard-- they need their "day in court". If a litigant complains that he did not receive a notice to come to court (was not served with a summons), he will still have an opportunity to defend against the lawsuit. In most circumstances, I will grant them a chance to be heard, even if they received the notice, but could not come to court for another reason (could not take off work, sick child home from school, etc.) I want to allow every litigant their opportunity to come to court and give their "side of the story". Every person deserves to be heard, even if it means that the court process is "slowed down" by the defendant's motion to set aside a default judgment and part of the process is repeated.

Some types of cases need a faster approach. In Fall 2007, I modified the court's calendar and landlord-tenant eviction cases can now be filed and heard in less than two weeks. In most landlord-tenant eviction cases, if the tenant is behind on rent, I will give the landlord possession of the property, but set a second hearing (known as a damage hearing) to determine how much rent is owed or if there is any damage to the property. If the tenant has a claim against the landlord, the claim needs to be filed before the damage hearing so that it can be heard at the same time.

In all types of cases, each litigant has an opportunity to be heard and present their case. The first step is they must be prepared. Every litigant should have their witnesses and evidence ready to present at the trial. The simplest rule is: be able to tell the judge what you want as the outcome in the case: "I want the driver to pay my car repair bill because he hit my car"; "I want the tenant to pay the 3 months rent he owes"; etc. Also, bring receipts, pictures, or anything else that supports your case. If you are prepared to come to court, you can expect a fair and expedient trial.

In summary, the first year lesson that I learned is: every person who comes to Center Township Small Claims Court wants to be heard and expects the judge to make a fair, expedient decision to resolve their dispute.

Let's see what lessons are learned in 2008!

If you would like to resolve a dispute at the Center Township Small Claims Court, you may file a claim by mail or in person at the Center Township Small Claims Court, City-County Building, 200 E. Washington St., G-5, Indianapolis, Indiana, 46204, (317) 327-5060. For more information, go to www.centergov.org/court

Have a great day!

Judge Michelle Smith Scott