Brown County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Each party in a contested dissolution case must exchange the marital balance sheet at least 30 days before mediation or the final hearing.

In all contested dissolution of marriage cases, each party shall file with the court and exchange a marital balance sheet at least 30 days before any mediation or final hearing.

CRITICAL

Applies to

Notice of hearing

A party seeking an emergency expedited hearing on temporary custody or parenting-time restrictions must expedite service of hearing notice on the opposing party and provide proof of service to the Court.

A party seeking an expedited hearing to address temporary custody of a child/children or a restriction of parenting time on an emergency basis shall be responsible for expediting service of notice of that hearing on the opposing party and shall be responsible for providing proof of that service to the Court.

CRITICAL

Parties must exchange all witnesses’ names and addresses and actual copies of all exhibits at least 7 days before the specified hearings.

Parties shall exchange names and addresses of all witnesses as well as actual copies of all exhibits at least 7 days prior to any of the following hearings:

CRITICAL

Service

Electronic service

Electronic service under Indiana Trial Rule 86 is required unless a judicial officer grants an exemption upon a showing of good cause.

A. Service at Mail Slot in Offices of Circuit Court: Electronic filing and electronic service pursuant to Indiana Trial Rule 86 shall be utilized. Requests for exemption from this requirement shall be reviewed by a judicial officer and shall be granted upon a showing of good cause.

CRITICAL

A party making an update must informally provide the information to the other party as quickly as feasible and file and exchange the updated balance sheet and proposed division as soon as practicable.

A party making such an update shall informally provide such information to the other party as quickly as feasible and shall file and exchange an updated balance sheet and proposed division as soon as practicable.

CRITICAL

Applies to

Notice

When notice is required, the attorney must prepare and properly publish or serve it as required and provide adequate proof before bringing the matter to the Court.

Whenever notice by publication and/or written notice by U.S. Mail, or other method, is required to be given, the attorney shall prepare such notice and ensure that the notice is properly published and/or served as required by statute or Supreme Court Rule. It shall be the attorney’s responsibility to ascertain and provide adequate proof of notice prior to bringing a matter to the Court.

CRITICAL

Before other counsel appears, the client must receive 10 days’ written notice by mail or, if the mailing address is unknown, by known email; the notice requirements are waived after other counsel properly appears.

B. Motions Filed Prior to the Appearance of Other Counsel: Permission to withdraw shall be given only after the petitioning attorney has given his/her client 10 days written notice of the intent to withdraw. Written notice shall be sent to the client’s last known mailing address. If the mailing address is unknown, the petitioning attorney shall provide written notice to the client’s last known e-mail address, if known. C. Motions Filed Subsequent to the Appearance of Other Counsel: Motions to withdraw an appearance filed subsequent to the proper appearance of other counsel shall constitute a waiver of the requirements of paragraph (B) of this rule.

CRITICAL

Applies to

Pretrial notice

A party who intends to offer biologically contaminated evidence must file a pretrial notice and serve all parties.

A party who intends to offer biologically contaminated evidence must file a pretrial notice and serve all parties.

CRITICAL

Applies to

Notice of hearing

A party seeking an emergency expedited preliminary hearing must expedite service of hearing notice on the opposing party and provide proof of service to the Court.

A party seeking an expedited preliminary hearing due to an emergency shall be responsible for expediting service of notice of that hearing on the opposing party and shall be responsible for providing proof of that service to the Court.

CRITICAL

Applies to

Post final decree or post final paternity order pleading

Post-final-decree or post-final-paternity-order pleadings must be served on an unrepresented party under the Indiana Rules of Trial Procedure.

The service of any post final decree/post final paternity order pleadings upon any party not represented by an attorney shall be made upon that person pursuant to the Indiana Rules of Trial Procedure.

CRITICAL

Applies to

Order for no contact

Copies of the no-contact order must be provided to the Prosecutor and the person.

Copies of the Order shall be provided to the Prosecutor and the person.

CRITICAL

Applies to

Final hearing request

A party requesting a final hearing must provide a copy of the written request to the opposing party.

A party seeking to have a final hearing scheduled must file a written request for a final hearing, provide a copy to the opposing party, and include a certificate of service on the request.

CRITICAL

Each pleading filed by a self-represented party must be accompanied by proof stating that the document was provided to the other party or counsel, how it was served, and when it was sent.

Self-represented parties shall file appropriate pleadings to request court action and shall include with each pleading a “certificate of service” that states that the document was provided to the other party(ies) or to the attorney(s) for the other party(ies); the method of serving the document; and the date that it was sent.

WARNING

An attorney who chooses to use a Brown Circuit Court office mail slot designates it as a suitable place to receive court orders and permitted conventionally filed documents.

Any attorney choosing to use the mail slots made available in the offices of the Brown Circuit Court shall be considered to have designated that attorney’s mail slot as a suitable place for delivery and service of court orders and permitted conventionally filed documents pursuant to T.R. 5(B)(d).

WARNING

All parties must be given access to an audio deposition recording upon request.

2. all parties are provided access to the audio recording upon request;