Carroll County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Depositing specified materials in an assigned Courthouse box constitutes service equivalent to first-class mail under Trial Rule 6(E).

C. Effect of Consent. Deposits made in any assigned box of notices, pleadings, process, orders, or other communications made shall be deemed to constitute and be accepted as service equivalent to service by first class mail under Trial Rule 6(E).

CRITICAL

The signer consents to service by deposit in an assigned Courthouse box by the Carroll County Courts, the County Clerk, or other attorneys and firms that also consent.

The undersigned, as an individual practitioner or for and on behalf of the law firm below, hereby consents to service of any notice, pleading, process, order or other communication by deposit of the same in an assigned Courthouse box by: (a) Carroll County Courts; (b) Carroll County Clerk; (c) Other Attorneys and law firms which also consent to alternative service.

CRITICAL

A pro se litigant must ensure the other party is notified of all hearings and served with all papers or documents filed with the Court.

Likewise, it is the litigant’s responsibility to be certain that the other party has notice about all court hearings and is served with all papers or documents you file with the court.

CRITICAL

Consent to alternate service remains valid until a written revocation is filed with the Carroll Circuit Court.

E. Revocation of Consent. Consent to Alternate Service under this rule shall remain valid until a written revocation has been filed with the Carroll Circuit Court.

CRITICAL

In covered uncontested dissolution matters, the petitioner or attorney must serve the respondent with hearing notice under Trial Rule 4 at least 7 days before the hearing.

In all uncontested dissolution matters involving custody and support of children or the determination of real property interest or both, the petitioner's attorney or the petitioner, if appearing pro se, shall give notice of the time and place of the hearing by subpoena, notice of hearing, or letter served upon the respondent in accordance with Trial Rule 4 at least 7 days prior to the hearing date, and file a copy of the notice with the court on or before the trial date.

CRITICAL

An attorney or firm that declines to accept Courthouse-box service may not use the boxes to serve other attorneys.

If a Carroll County attorney or law firm declines to consent to receiving service by Courthouse boxes from other attorneys or Courts, then they may not use the boxes to serve other attorneys.

CRITICAL

A copy of a supporting brief or memorandum must be served on the adverse party unless the Court grants additional time.

If a party desires to file a brief or memorandum in support of any motion, such brief or memoranda shall accompany or be filed simultaneously with motion, and a copy served on the adverse party unless additional time is granted by the Court.

CRITICAL

Service

Mail

A deposit made under the consent is treated as and accepted as first-class mail under Trial Rule 6(E).

“Deposit” pursuant to this Consent shall constitute and be accepted as 1st class mail under Trial Rule 6(E).

CRITICAL

A party offering biologically contaminated evidence must serve all parties with the pretrial notice so the issue can be resolved before trial.

A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.

CRITICAL

Deadline

3 business days

Proposed preliminary instructions must be exchanged with the other side at least three business days before trial begins.

Proposed preliminary instructions shall be exchanged and filed not later than three business days prior to the beginning of the trial.

CRITICAL

All members of a law firm must agree to Courthouse-box service; if one declines, no other member may accept service by that method.

D. Limitations on Firm Use. Members of law firms must all agree to Courthouse box service. If one member of the firm declines to accept service by Courthouse box method, then no other members of that firm may accept service utilizing the Courthouse box.

CRITICAL

The plaintiff must prepare and exchange with opposing counsel a proposed preliminary instruction on issues at least three days before trial.

The plaintiff shall prepare and exchange with opposing counsel a proposed preliminary instruction on issues not later than three days prior to trial.

CRITICAL

The consent remains valid until revoked in writing, and the consent or revocation takes effect seven days after filing with the Carroll Circuit Court.

The Consent shall remain valid until revoked in writing. The Consent or revocation will be effective seven days after filing with the Carroll Circuit Court.

CRITICAL

Service

Mail to all parties

Except in small claims, the Court must mail attorneys of record and unrepresented parties actual notice of the date by which evidence will be destroyed if not retrieved.

In all cases other than small claims, the Court shall provide actual notice, by mail to all attorneys of record and to parties if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.

WARNING

The consent also applies to attorneys who become associates of the signing law firm after the consent date.

This Consent shall also apply to any attorneys who become associates with the undersigned law firm after the date of this consent.

INFO

Carroll County attorneys and law firms may maintain an assigned Courthouse box, without charge, to receive specified court communications and communications from other users of the service.

A. Any Carroll County attorney or any Carroll County law firm may, without charge, maintain an assigned Courthouse box in the offices of the Carroll Circuit Court and the Carroll Superior Court for receipt of notices, pleadings, process, orders, or other communications from the Carroll County Courts and the Clerk, and other attorneys or law firms which use this service.