Clay County Courts, Indiana Service and Proof of Service Rules

Applies to

Initial summons

Service

Mail

Initial summons in pro se small claims, pro se marriage dissolutions, and pro se proceedings supplemental to execution must be issued exclusively by certified mail with return receipt requested, unless a Judge directs otherwise in a particular case.

The Clerk of the Clay Circuit and Superior Courts shall issue initial summons in pro se small claims, pro se dissolutions of marriage, and pro se proceedings supplemental to execution exclusively by certified mail, return receipt requested. Further the Clerk shall issue alias summons in such cases to an address different from the initial exclusively by certified mail, return receipt requested. The Clerk shall also issue any alias summons to the initial address to be served by the Clay County Sheriff's Department. Either Judge may direct the Clerk to vary from this order in any particular case.

Applies to

Petition

Copies of petitions must accompany all notices for hearings arising from matters in the petition.

Copies of Petitions shall be sent with all notices where the hearing involved arises from the matters contained in the Petition.

Service

Publication

When publication notice is required, the attorney must prepare and ensure proper publication, comply with statutory requirements, and provide adequate proof before bringing the matter to the Court.

Whenever notice by publication and/or written notice by U.S. Mail is required to be given, the attorney shall prepare such notice and shall ensure that such notice is properly published and/or served. In all aspects, the notice shall comply with all statutory requirements. It shall be the attorney's responsibility to ascertain and provide adequate proof thereof regarding whether notice was properly served prior to bringing a matter to the Court.