Clark County Courts, Indiana Service and Proof of Service Rules

Applies to

Notice of intention to proceed to final hearing

Written notice of a date-certain final hearing must be sent to an unrepresented party at the party’s last known address; proof of service is not required.

In an uncontested action, written notice of an intention to proceed to final hearing on a date and time certain shall be given to a party not represented by counsel. The written notice shall be sent to the last known address of the party not represented and proof of service shall not be required

When filing a dissolution, separation, or paternity proceeding in which custody is at issue, the moving party must serve the opposing party notice of the seminar-attendance requirement.

At the time of the filing of a dissolution, separation or paternity proceeding where custody is in issue, the moving party shall serve a Notice upon the opposing party of the requirement of attendance in the Transparenting Seminar or such other program or seminar which the Court may approve.

Applies to

Entry

The attorney preparing an entry must submit it to opposing counsel for examination.

shall submit the entry to opposing counsel for examination.

When filing an original action or modification request involving custody or parenting time, the filing party must obtain the Guidelines from the Clerk and notify the other party about their use and availability.

At the time of the filing of any original action or modification request which includes the issues of child custody and/or parenting time, the party bringing the action shall acquire a copy of the Indiana Parenting Time Guidelines from the Clerk of the Court and send notice to the other party regarding the use of the Guidelines and the opportunity to obtain a copy of the Guidelines at the Clerk’s office.

The hearing notice must be served on the personal representative, guardian, or criminal defendant and direct that person to appear at the hearing.

C. Withdrawal in Estate, Guardianship, or Criminal Cases. An attorney who desires to withdraw his appearance in an estate, guardianship, or criminal case shall file a written notice requesting leave to withdraw accompanied by a notice of hearing which shall be served upon the personal representative, guardian, or criminal defendant directing the person to appear at the hearing.

A copy of the Verified Financial Disclosure Statement is delivered to the opposing party or counsel, either in person or by prepaid U.S. mail, and the delivery is certified.

I hereby certify that a true and accurate copy of the foregoing Verified Financial Disclosure Statement was delivered to the opposing party or his/her attorney of record, as set forth below, either in person or by U.S. mail postage prepaid this day of , 20 :

Service

Personal service

To seek a body attachment, the creditor must have the contempt citation personally read and served on the debtor and present proof of service with the request; leaving a copy at the debtor’s residence or business is insufficient.

If a judgment creditor is desirous of using a body attachment whenever a judgment debtor fails to appear as directed in a contempt citation, the contempt citation must be personally read and served on the debtor with proof of service presented to the Court along with the request for issuance of the body attachment. Leaving a copy at the debtor's residence or place of business is insufficient.

Applies to

Notice of requirement to exchange

When filing the action, the moving party must serve the opposing party with notice of the financial disclosure statement exchange requirement.

At the time of the filing of the action, the moving party shall serve a Notice upon the opposing party of the requirement to exchange a Verified Financial Disclosure Statement.

Applies to

Verified financial disclosure statement

The statement must be exchanged within 45 days after filing, except when the parties timely waive exchange in writing, the proceeding is uncontested, or service is by publication and no response is filed.

In all contested dissolution, separation, and paternity actions each party shall prepare and exchange within forty-five (45) days of the filing of the action, a Verified Financial Disclosure Statement in such form consistent with that set forth in the Appendix to these Local Family Rules of Practice. The Verified Financial Disclosure Statement need not be exchanged if the the parties agree in writing within thirty (30) days of the initial filing to waive exchange, or the proceeding is uncontested, or the proceeding is one in which service is by publication and there is no response.

Service of these post-dissolution actions on the attorney who represented the party in the underlying dissolution action is insufficient.

Service of process of such actions upon the attorney who represented the party in the underlying dissolution action shall be deemed insufficient.

Post-dissolution actions such as modification petitions and applications for rule to show cause must be served on a party pursuant to Indiana Trial Rule 4.

Service of process of post-dissolution actions such as petitions for modifications and applications for rule to show cause must be on a party pursuant to Trial Rule 4 of the Indiana Rules of Trial Procedure.

Applies to

Court document

Unless the qualified special judge directs otherwise, a copy of each subsequently filed document must be served on the Special Judge at the judge’s private office or regular court, and proof of service may reflect that service.

Unless otherwise directed by a special judge after qualification, a copy of each document filed thereafter in the proceeding shall be served on the Special Judge at his private office or at the Court where the Special Judge regularly presides and the proof of service may reflect such service.

Submit the verified financial disclosure statement to the opposing party within 45 days of the case filing date.

YOU ARE HEREBY NOTIFIED THAT YOU MUST SUBMIT YOUR VERIFIED FINANCIAL DISCLOSURE STATEMENT WITH THE OPPOSING PARTY WITHIN 45 DAYS OF THE FILING DATE OF THIS CASE.

Applies to

Notice motion order pleadings

Notice/Motion/Order pleadings must be served on the opposing party no later than seven days before the scheduled ruling.

The Notice/Motion/Order pleadings shall be filed and served on the opposing party not later than seven (7) days prior to the date of the scheduled ruling.

In covered withdrawal proceedings, notice must be given to the client and all other parties of record at least ten days before the withdrawal date.

B. Withdrawal of Appearance. Except for appearances in estates, guardianships, or criminal matters, an attorney desiring to withdraw an appearance in any other proceeding shall file a written motion requesting leave to withdraw accompanied by a notice of hearing or proof satisfactory to the Court that a notice has been given to the client and all other parties of record at least ten (10) days in advance of the withdrawal date.

The verified financial disclosure statement must be submitted to the opposing party within 45 days after the case is filed.

YOU ARE HEREBY NOTIFIED THAT YOU MUST SUBMIT YOUR VERIFIED FINANCIAL DISCLOSURE STATEMENT WITH THE OPPOSING PARTY WITHIN 45 DAYS OF THE FILING DATE OF THIS CASE.