Allen County Courts, Indiana Service and Proof of Service Rules

CRITICALCriminal cases

Service

Personal service

Proof that the judgment debtor or garnishee defendant was personally served with notice of the contempt hearing must be filed in the chronological case summary.

Proof of service has been filed in the chronological case summary that the judgment debtor or garnishee defendant was personally served with notice of the contempt hearing.

CRITICALCriminal cases

An attorney who revokes consent must notify all counsel of record in every matter in which the attorney has appeared.

If an attorney revokes consent to alternate service, that attorney must notify all counsel of record in any matter that the revoking attorney has an appearance filed.

CRITICALCriminal cases

Applies to

Proceedings supplemental or interrogatories

Proof of service on the garnishee defendant must be filed with the Court.

Proof of service on the garnishee defendant of the proceedings supplemental or interrogatories filed with the Court;

CRITICALCriminal cases

The motion and proposed discovery request must be served on all parties in accordance with Indiana Trial Rule 5.

Copies of the motion and proposed discovery request shall be served to all parties consistent with Ind. Trial Rule 5.

CRITICALCriminal cases

Applies to

Notice of counterclaim

A plaintiff must be served with a Notice of Counterclaim at least 20 days before the scheduled claims-calendar or trial-calendar hearing.

A plaintiff shall be served with a Notice of Counterclaim consistent with the provisions of Ind. Trial Rule 5, at least twenty (20) days prior to the scheduled hearing on the claims calendar or trial calendar.

CRITICALCriminal cases

Applies to

Guardian ad litem report

Attorneys and pro se litigants must receive a copy of the guardian ad litem report in accordance with the applicable Trial Rules on service.

The attorneys and pro se litigants shall receive a copy of the report in accordance with the applicable Trial Rules regarding service.

CRITICALCriminal cases

The person filing a written appearance must serve a copy on all parties of record.

The person filing the written appearance must serve a copy of the written appearance on all parties of record.

CRITICALCriminal cases

Written discovery directed to a party or nonparty must be served at least 33 days before the court-established discovery deadline expires.

All written discovery, whether directed to a party or nonparty to an action, must be served at least thirty-three (33) days prior to the expiration of any discovery deadline which is established by the Court.

CRITICALCriminal cases

Service

Mail

The notice must be sent to the defendant by first-class mail and inform the defendant that attendance is required.

It shall be sent by first class mail and shall inform the defendant of the necessity to be present.

CRITICALCriminal cases

Parties must exchange Financial Declaration Forms simultaneously by the deadlines in the applicable court rule or governing Court order.

parties shall simultaneously exchange Financial Declaration Forms by the deadlines prescribed in the applicable court rule and/or governing Court order.

CRITICALCriminal cases

Applies to

Return of service

After proof of service is returned to the initiating party, a Return of Service must be filed for entry into the Chronological Case Summary, except when the Allen County Sheriff serves the documents.

After proof of service is returned to the initiating party, a Return of Service must be filed so that it will appear on the Chronological Case Summary. (See above exception, under A(2)).

CRITICALCriminal cases

After the signed summons is returned and the sheriff-service fee is paid, the requesting party must deliver the documents, three copies of each document, and proof of payment to the Allen County Sheriff; delivery may be by hand or mail.

Once the signed Summons is returned from the Clerk and the fee for Service of Process by Sheriff has been paid to the Clerk, it is the initiating party’s obligation to deliver the document(s) to the Allen County Sheriff to be served. It is the requesting party’s responsibility to provide the Allen County Sheriff with three copies of any document(s) to be served along with a proof of payment for this service. Documents may be hand-delivered or mailed to the Allen County Sheriff.

CRITICALCriminal cases

Applies to

Motion

The judgment creditor must serve the garnishee defendant with a copy of the motion for release.

Upon receipt by the judgment creditor or by the Clerk of the Circuit and Superior Courts, on the judgment creditor’s behalf, of funds sufficient to satisfy the judgment, accrued interest, and costs, the judgment creditor shall immediately file a motion for release of the garnishment order and shall serve the garnishee defendant with a copy of the motion.

CRITICALCriminal cases

Applies to

Motion to release garnishment order

The judgment creditor must forward a copy of the motion to the garnishee defendant or defendants.

and shall forward a copy to the garnishee defendant(s).

CRITICALCriminal cases

Papers served through a courthouse box must be placed in an envelope labeled with the receiving attorney’s name and current box number.

Any papers served under this rule by the Court, Clerk, or other attorneys or firm of attorney shall be placed in an envelope with the name of the intended receiving attorney on it and the current box number on the outside.

CRITICALCriminal cases

Applies to

Continuance motion

Motions for continuance must be served on all other parties.

All motions for continuance must be made in writing with service to all other parties.

CRITICALCriminal cases

Applies to

Motion to continue

A motion to continue must be served on opposing counsel or the self-represented party.

shall be served upon opposing counsel or pro se party.

CRITICALCriminal cases

A person who is entitled to service but is not registered or cannot access the Indiana Electronic Filing System must be served under the applicable Trial Rule.

A person who has not registered or otherwise cannot access the Indiana Electronic Filing System but who is entitled to service of paper or pleading in a matter shall be served in accordance with the applicable Trial Rule regarding service.

CRITICALCriminal cases

Deadline

3 business days

At least three business days before a provisional-orders or child-support-modification hearing, each party must deliver the listed materials to all parties, except in support matters enforced by the State.

At least three (3) business days before a scheduled hearing regarding provisional orders or modification of child support (except support matters enforced by the State), each party shall deliver to all parties to the case the following materials: 1. Their three (3) most recent pay stubs for all employers; 2. Their most recent W-2s, 1099s, and federal income tax returns with all schedules and attachments; 3. Documentation regarding work-related child-care expenses; 4. Documentation regarding health insurance premiums; 5. Documentation regarding child support orders for other children; 6. Proposed Child Support Obligation Worksheets; 7. Financial Declaration Form; and 8. Any exhibit or document that each party intends to submit to the Court.

CRITICALCriminal cases

Applies to

Proceedings supplemental and order to appear

The judgment debtor must be served with the proceedings supplemental and order to appear at least 20 days before the scheduled proceeding.

The judgment debtor shall be served with the proceedings supplemental and order to appear at least 20 days prior to the scheduled date for the proceedings supplemental.

CRITICALCriminal cases

The parties must exchange copies of appraisals that will be offered at the final hearing at least 60 days before that hearing.

At least sixty (60) days prior to the final hearing the parties shall exchange copies of all business valuations, real estate appraisals, and personal property appraisals that will be offered into evidence at the final hearing.

CRITICALCriminal cases

Applies to

Consent to alternate service

A courthouse box may be assigned only after the attorney or law firm files a Consent to Alternate Service with the Court Executive.

Courthouse boxes shall be assigned only after the attorney or law firm has filed with the Court Executive of the Allen Superior Court a Consent to Alternate Service (Appendix A).

CRITICALCriminal cases

A defendant’s attorney must serve a copy of the appearance on the assigned Deputy Prosecuting Attorney or the Prosecuting Attorney’s Office.

(A) Any attorney representing a defendant shall appear for such defendant immediately upon being retained or appointed, by signing and filing an appearance in writing with the court containing his name, attorney number, address and telephone number and shall serve a copy of said appearance on the Deputy Prosecuting Attorney assigned to the cause or to the office of the Prosecuting Attorney.

CRITICALCriminal cases

After the discovery-service cutoff, counsel may serve a belated discovery request only after obtaining leave of court and showing good cause.

Counsel may not serve discovery requests after this deadline unless they first seek and obtain leave of Court to serve a belated request, and show good cause for the request.

CRITICALCriminal cases

When a hearing is scheduled, notice must be given as required by the trial rules on service.

If a hearing is scheduled, notice of the hearing shall be given as required by the trial rules on service.

CRITICALCriminal cases

Applies to

Notice of counterclaim

Before default judgment on a counterclaim, the record must show proof of service of the Notice of Counterclaim.

Before the default judgment is granted, the record must reflect proof of service of the Notice of Counterclaim, and the defendant must file an Affidavit for Judgment by Default along with any other supporting documentation required by the Court.

CRITICALCriminal cases

Applies to

Notice of claim

A defendant must be served with a Notice of Claim at least 10 days before a claims-calendar hearing.

A defendant shall be served with a Notice of Claim consistent with the provisions of Ind. Trial Rule 4.1 through Ind. Trial Rule 4.17, at least ten (10) days prior to the scheduled hearing on the claims calendar, and twenty (20) days prior to the scheduled hearing on the trial calendar.

CRITICALCriminal cases

Applies to

Proposed orders and findings of fact and conclusions of law

Proposed orders and proposed findings of fact and conclusions of law must be served on the opposing party or counsel under the applicable Trial Rule.

Proposed orders and proposed findings of fact and conclusions of law shall be served upon the opposing party or counsel, consistent with the Trial Rule regarding service.

CRITICALCriminal cases

The party obtaining a continuance must timely notify all other parties that the matter was continued and provide the new hearing or trial date and time.

The party obtaining a continuance shall notify all other parties to the case in a timely fashion that the matter has been continued, and of the new date and time for the hearing or trial.

CRITICALCriminal cases

Applies to

Notice of appeal

Service

Personal service

In addition to filing the notice of appeal with the clerk, the notice must be hand-delivered to the court reporter for the judicial officer from whom the appeal is taken.

In addition to filing the Notice of Appeal with the Clerk, the Notice of Appeal shall also be hand- delivered to the Court Reporter for the Judicial Officer from which the appeal is taken.

CRITICALCriminal cases

The opposing party must receive the proposed belated discovery request when the motion for leave is served.

In such event, the proposed belated discovery request must be filed with the motion, and the opposing party must receive the request with service of the motion.

CRITICALCriminal cases

Applies to

Proceedings supplemental or interrogatories

Proceedings supplemental or interrogatories must be served on the garnishee defendant by certified mail, sheriff’s service, or a private process server.

Service on the garnishee defendant of the proceedings supplemental or interrogatories by (a) Certified mail, (b) Sheriff’s service, or (c) Private process server;

CRITICALCriminal cases

Requests for admission intended to be deemed admitted against an unrepresented party must be served under one of the specified Trial Rules, and proof of service must be filed.

(1) serve the requests for admissions on the unrepresented party pursuant to the manner of service set forth in Trial Rule 4.1, 4.2, 4.3, or 4.5; (2) file proof of service;

CRITICALCriminal cases

After the signed Summons is returned and the sheriff-service fee is paid, the initiating party must deliver the documents to the Sheriff, providing three copies and proof of payment; delivery may be by hand or mail.

(2) By Allen County Sheriff. Once the signed Summons is returned from the Clerk and the fee for Service of Process by Sheriff has been paid to the Clerk, it is the initiating party’s obligation to deliver the document(s) to the Allen County Sheriff to be served. It is the requesting party’s responsibility to provide the Allen County Sheriff with three copies of any document(s) to be served along with a proof of payment for this service. Documents may be hand-delivered or mailed to the Allen County Sheriff. See T.R. 4.12.

CRITICALCriminal cases

The Deputy Prosecuting Attorney must serve a copy of the appearance on defense counsel.

(B) At such time as the Office of the Prosecuting Attorney assigns a case to a Deputy Prosecuting Attorney, that Deputy Prosecuting Attorney shall file a written appearance in the same form as set out above, and shall serve a copy of the appearance on counsel for the defendant.

CRITICALCriminal cases

Before a garnishment order may issue, the garnishee defendant must have been served by one of the listed methods and proof of service must be available.

Proof of service on the garnishee defendant of the proceedings supplemental or interrogatories by certified mail, sheriff’s service, or private process server.

CRITICALCriminal cases

Service

Personal service to court

Body attachment may be requested and issued only if the specified debtor or garnishee defendant was personally served with notice of the contempt hearing and proof of service is filed with the Court.

Body attachment may be requested and shall be issued only when: (1) The judgment debtor or garnishee defendant previously ordered to appear for a scheduled hearing was personally served with notice of a contempt hearing; (2) Proof of service of the notice of contempt hearing is filed with the Court;

CRITICALCriminal cases

Service

Electronic service to all parties

A copy of the motion to withdraw is served on all counsel of record through the Indiana E-Filing System or another acceptable means of service.

The undersigned hereby certifies that on the_ _day or_ _, 2019, a true and correct copy of the foregoing Motion to Withdraw Appearance was served to all counsel of record by the Indiana E-Filing System, or other acceptable means of service, as follows:

CRITICALCriminal cases

Applies to

Notice of claim

Before default judgment on a claim, the record must show proof of service of the Notice of Claim, and the plaintiff must file an Affidavit for Judgment by Default with any supporting documentation required by the Court.

Before a default judgment is granted, the record must reflect proof of service of the Notice of Claim, and the plaintiff must file an Affidavit for Judgment by Default along with any other supporting documentation as required by the Court.

CRITICALCriminal cases

Service

Personal service

For notice of a contempt hearing, personal service may be made in person by a sheriff or private process server, or by certified mail signed by the judgment debtor or garnishee defendant.

Personal service for purposes of this rule includes delivery of the notice of hearing to the judgment debtor or garnishee defendant in person by a sheriff or private process server, or certified mail delivery signed by the judgment debtor or garnishee defendant.

CRITICALCriminal cases

Requests for admission may not be served until 30 days after the responding party answers or otherwise responds to the complaint, or, if no timely responsive pleading is filed, until 30 days after that pleading was due.

Requests for Admissions shall not be served earlier than thirty (30) days after the responding party has answered or otherwise responded to the Complaint. If no Answer or other responsive pleading has been timely filed, Requests for Admission shall not be served until thirty (30) days after the responsive pleading was due.

CRITICALCriminal cases

Papers served under the consent must be placed in an envelope labeled with the receiving attorney’s name and current box number.

Any papers served under this Consent shall be placed in an envelope with the name of receiving attorney and current box number on the outside thereof.

CRITICALCriminal cases

For papers in matters under the Court’s jurisdiction when e-filing is not required, service must follow the Indiana Rules of Trial Procedure or may be made through an attorney courthouse mailbox if consent is on file.

A. This rule shall apply only to the service of papers regarding matters under the jurisdiction of the Court. B. In the event e-filing is not required, service shall be accomplished pursuant to the Indiana Rules of Trial Procedure or by deposit in the attorney’s courthouse mailboxes provided consent to such service is on file with the Court Executive.

CRITICALCriminal cases

A person entitled to service who is unregistered or unable to access the IEFS must be served in accordance with Trial Rule 4.

A person who has not registered or otherwise cannot access the IEFS but who is entitled to service of a paper or pleading in a matter shall be served in accordance with Trial Rule 4.

CRITICALCriminal cases

Applies to

Notice of claim and verified petition for emergency possessory order

Service of the Notice of Claim and Verified Petition for Emergency Possessory Order must comply with Ind. Trial Rule 4.1 through 4.17.

Service of the Notice of Claim and Verified Petition for Emergency Possessory Order shall be done consistent with the provisions of Ind. Trial Rule 4.1 through Ind. Trial Rule 4.17.

CRITICALCriminal cases

Service

Electronic service

The Return of Service form includes a certificate that a copy was served on all counsel of record through the Indiana E-Filing System or another acceptable means.

CERTIFICATE OF SERVICE The undersigned hereby certifies that on the_ _day of_ _, 2019, a true and correct copy of the foregoing Return of Service of Summons was served to all counsel of record by the Indiana E-Filing System, or other acceptable means of service, as follows:

CRITICALCriminal cases

A consent or revocation takes effect when filed with the Court Executive of Allen Superior Court.

The Consent or revocation will be effective upon filing with the Court Executive of Allen Superior Court.

CRITICALCriminal cases

Service

Mail

For service by certified mail, the green return receipt card must be returned to the initiating party, not the Clerk.

If the certified mail service of process is utilized, the initiating party must cause the green return receipt card to be returned to the initiating party, not returned to the Clerk.

CRITICALCriminal cases

Service

Mail

When service of process is by certified mail, the green return receipt card must be returned to the initiating party, not the Clerk.

If the certified mail service of process is utilized, the initiating party must cause the green return receipt card to the be returned to the initiating party, not returned to the Clerk.

WARNINGCriminal cases

The Financial Declaration Form need not be exchanged or filed in the listed circumstances.

B. Exceptions. The Financial Declaration Form need not be exchanged or filed if: 1. The Court approves the parties’ written agreement to waive the exchange; 2. The parties have executed a written agreement that settles all financial issues; 3. The proceeding is one in which the service is by publication and there is not response; 4. The proceeding concerns issues without financial implications; or, 5. The proceeding concerns support matters enforced by the State.