Elkhart County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Applies to

Verified account

Unless notice is waived, a copy of the verified account must be served with written notice of the final-settlement hearing.

Unless waived by a person entitled to notice, a copy of the verified account must be served with written notice of the hearing on final settlement of the estate or guardianship.

CRITICAL

A deposition may not be scheduled on less than ten days’ notice unless counsel agree or the court otherwise authorizes it.

Unless agreed by counsel or otherwise authorized by the court, no deposition shall be scheduled on less than ten (10) days’ notice.

CRITICAL

A party intending to appear through a designated representative must notify all other parties of that intention and the designee’s identity at least ten days before the mediation or settlement conference.

Any party intending to appear by a designated representative shall advise all other parties to the mediation or settlement conference of that fact and of the identity of the designee not fewer than ten (10) days prior to the commencement of the mediation or settlement conference.

CRITICAL

The requesting party must give the Elkhart County Sheriff three copies of each document to be served and proof of payment.

the requesting party’s responsibility to provide the Elkhart County Sheriff with three copies of any document(s) to be served along with proof of payment for this service.

CRITICAL

Motions to quash or limit a grand jury subpoena must be served on the Prosecuting Attorney no later than seven days before the appearance or production date, subject to the stated good-cause exception for a later filing.

Motions to quash or limit a grand jury subpoena shall be filed and served upon the Prosecuting Attorney no later than seven (7) days prior to the appearance or production date unless good cause exists for a later filing.

CRITICAL

Applies to

Motion or petition

When notice is required because a motion or petition was filed, a copy of the motion or petition must be served with the written notice.

Where notice is required because a motion or petition has been filed with the Court, a copy of the petitions or motions shall be served along with the written notice.

CRITICAL

Applies to

Expungement petition

Unrepresented litigants seeking expungement must serve the petition on the Prosecuting Attorney or DCS; they may use mailboxes in the Juvenile Clerk’s Office for service.

Unrepresented litigants seeking expungement shall complete the form provided by the Juvenile Court Clerk and serve the petition of the Prosecuting Attorney or the DCS; mailboxes in the Juvenile Clerk’s Office may be used for the service.

CRITICAL

Interrogatories to the garnishee-defendant must be served as permitted for other discovery.

Interrogatories to the garnishee-defendant shall be served as allowed for any other Discovery.

CRITICAL

Applies to

Petition for expungement of chins record

A petition to expunge a CHINS record must be served on DCS.

and served on the Indiana Department of Child Services (DCS) when the expungement of a CHINS record is sought.

CRITICAL

While a child remains unemancipated or is covered by an educational-needs contribution order, parties must exchange complete income verification upon request, no more than annually and within two weeks.

So long as one or more the parties’ children remain unemancipated or the beneficiary of an order for contribution to educational needs, the parties shall, upon request by either of them, exchange verification of income in the form of his or her most recent federal income tax return. Such income tax return shall be complete and include all attachments thereto. Such an exchange shall be required no more often than once annually. Such an exchange shall be concluded within two weeks of making a request. If either failed to file a federal income tax return for the tax year last concluded, that party shall provide the other with that federal income tax return described above, together with written verification of current income. Such verification may include a paycheck stub disclosing a year-to-date income or a current profit and loss statement reflecting self-employment or partnership income.

CRITICAL

After serving documents, the Elkhart County Sheriff must forward them to the Clerk for entry into the Chronological Case Summary.

Once the document(s) are served by the Elkhart County Sheriff, the Elkhart County Sheriff shall forward the document(s) to the Clerk for entry into the Chronological Case Summary.

CRITICAL

Service

Court service to clerk

Parties requesting notice from the Clerk must provide sufficient notice copies and stamped, addressed envelopes bearing the recipients’ names and addresses.

Whenever the Clerk is required by rule or statute to give notice, the party or parties requesting such notice shall furnish the Clerk with sufficient copies of the notice to be given, along with stamped, addressed envelopes with the names and the addresses of the parties or their counsel to whom such notice is to be given.

CRITICAL

Service

Mail to all parties

The Court must notify attorneys of record and unrepresented parties that evidence will be destroyed if not timely retrieved, by mail or as otherwise provided.

The Court must provide notice, by mail, or as otherwise provided, to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed pursuant to this Rule if not timely retrieved.

CRITICAL

Applies to

Notice of counterclaim

Before default judgment on a counterclaim is granted, 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,

CRITICAL

For a criminal case set for its first or second trial setting, each party must provide the court and opposing counsel final written witness and exhibit lists 10 days before trial begins.

Ten (10) days before the commencement of the trial of any criminal case which is a first or second setting: 2) Each party shall provide the court and each opposing counsel a final written list of names and addresses of that party's witnesses, as well as a written list of exhibits.

CRITICAL

Service

Mail

Notice of an estate’s opening must be sent by First Class United States Mail to all distributees and reasonably ascertainable creditors.

Notice of the opening of an estate shall be sent by First Class United States Mail to all distributes of the estate and to all reasonably ascertainable creditors;

CRITICAL

All parties have a continuing duty to promptly provide newly discoverable material.

Providing discoverable material shall be a continuing obligation of all parties and each party shall promptly provide any new material for which disclosure is required under this rule.

CRITICAL

Applies to

Notice of claim

Before default judgment on a claim is granted, the record must show proof of service of the Notice of Claim.

Before a default judgment is granted, the record must reflect proof of service of the Notice of Claim,

CRITICAL

Applies to

Notice of claim

A default judgment may not be granted on a claim if the defendant was not timely served with the Notice of Claim.

No default judgment shall be granted on a claim if the defendant has not been timely served with the Notice of Claim.

CRITICAL

Discovery requests must be served on the parties and should not be filed with the Court unless connected to a dispute about compliance with prior discovery requests.

As required by the Trial Rules, requests for discovery shall be served upon the parties and should not be filed with the Court unless in connection with a dispute concerning compliance with prior discovery requests.

CRITICAL

Applies to

Notice of claim

A defendant must be served with the Notice of Claim under Trial Rules 4.1–4.17 at least 10 days before a claims-calendar hearing or 20 days before a trial-calendar hearing.

A defendant shall be served with a Notice of Claim consistent with the provisions of Trial Rule 4.1 through 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.

CRITICAL

Service

Court service to all parties

The notice referred to above shall be actual notice, provided by the Clerk to the Plaintiff upon the initiation of an action and issued to the Defendant(s) pursuant to Trial Rule 4, or sent at the time a party first appears in a case in all cases filed after the effective date of this Rule.

The notice referred to above shall be actual notice, provided by the Clerk to the Plaintiff upon the initiation of an action and issued to the Defendant(s) pursuant to Trial Rule 4, or sent at the time a party first appears in a case in all cases filed after the effective date of this Rule.

CRITICAL

Service

Publication

For civil cases filed before the Rule's effective date, actual notice may be given at specified disposition or destruction times when possible; for cases with a disposition over ten years earlier or where actual notice is impossible, the Court must annually publish and post notice.

The notice referred to above, for all civil cases filed prior to the effective date of this Rule, may be actual notice, if possible issued at the time of a final disposition in the case or, if a final disposition has been entered prior to the effective date of this Rule, at the time the evidence is scheduled for destruction: Provided, however, that for those civil cases in which a final disposition was entered at the trial level more than ten (10) years prior to the effective date of this notice, or with respect to which it is not possible to give actual notice, the Court shall annually issue notice of intent to destroy evidence by publication in a newspaper of general circulation within Elkhart County, posting at the County Courthouse(s).

CRITICAL

A party proposing an instruction must deliver a copy to every other party.

A party proposing any instruction shall deliver a copy of such instruction to any other party.

CRITICAL

Applies to

Reciprocal discovery documents

After a dissolution petition or paternity action is filed, the parties must provide the other party copies of the specified discovery materials within 30 days, unless the Court orders otherwise.

Upon the filing of a petition for dissolution of marriage or paternity action, the parties shall have a duty of reciprocal discovery and, unless otherwise ordered by the Court, shall provide the other party with copies of the following documents and things within thirty (30) days:

CRITICAL

The auction conductor must immediately give the parties copies of the pages showing the results, and the results must promptly be filed with the appropriate court.

E. At the conclusion of the auction, the Magistrate or lawyer conducting the auction shall immediately provide copies of all pages indicating the auction results to the parties, and the said results shall promptly be filed with the appropriate court.

CRITICAL

The State must disclose the defendant's written or recorded statements, summaries of oral statements, related witnesses, and evidence tending to negate guilt or mitigate punishment.

In addition to the matters described in Section A of this Rule, the State shall disclose: 1. Copies of any written or recorded statements made by the defendant, summaries of any oral statements made by the defendant, and a list of witnesses to the making and acknowledgment of such statements; and 2. Any other evidence which tends to negate the guilt of the defendant as to the offense charged or to mitigate the punishment of the defendant upon conviction.

CRITICAL

Upon request, the responding parent must provide the same information before filing or within fourteen days after filing.

Responding parent is required to provide the same information upon request prior to filing or after filing within fourteen (14) days.

CRITICAL

Applies to

Notice of counterclaim

A plaintiff must be served with the Notice of Counterclaim under Trial Rule 5 at least 20 days before the claims-calendar or trial-calendar hearing.

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

CRITICAL

Unless an in-camera review is justified, each party must routinely provide copies of the listed witness, statement, expert, evidence, and conviction materials.

Unless circumstances exist that justify an in-camera review, in any criminal case, each party shall routinely provide copies of the following: 1. The names, dates of birth and last-known addresses of all persons whom that party may call as witnesses, together with any written or recorded statements the person may have made, any memoranda containing substantially verbatim reports of any oral statements the person may have made, or, if neither exists, a summary of the anticipated testimony of each potential witness. 2. Copies of statements of any co-defendant. 3. Copies of reports of experts made in connection with the case, including results of physical or mental examinations, scientific tests, experiments, or comparisons. 4. Any books, papers, documents, photographs, videotapes, audio recordings, or tangible objects which the party may introduce at hearing or trial. 5. A record of prior criminal convictions of any witnesses called by that party.

CRITICAL

The defendant must disclose any procedural or substantive defense intended for hearing or trial.

In addition to the matters described in Section A of this Rule, the defendant shall disclose any defense, procedural or substantive, which the defendant intends to assert at hearing or trial.

CRITICAL

Applies to

Mortgage foreclosure notice

A party filing a mortgage foreclosure action must serve the resident with a copy of the Mortgage Foreclosure Notice.

A party filing a mortgage foreclosure (MF) cause of action shall cause to be served on the resident a copy of the Notice Concerning Mortgage Foreclosure, Mortgage Foreclosure Notice.

CRITICAL

Proposed orders and proposed findings of fact and conclusions of law must be served on the opposing party or counsel in accordance with 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.

CRITICAL

When requesting entry of a default judgment, the moving party must demonstrate that service was perfected on the parties against whom default is sought.

At the time of the request for entry of a default judgment under Trial Rule 55, the moving party must demonstrate that service has been perfected on the party or parties against whom default is sought.

CRITICAL

Counsel must send the notice of intent to withdraw to the client no later than ten days before filing the withdrawal motion.

The notice of the intention to withdraw shall be sent to the client no later than ten (10) days prior to the filing of the motion to withdraw.

CRITICAL

Parties must demonstrate that service was effected in the manner most likely to ensure actual notice to the person or entity served.

Parties are required to demonstrate that service was affected by the manner most likely to ensure actual notice to the person or entity served.

CRITICAL

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 twenty (20) days prior to the scheduled date for the proceedings supplemental.

CRITICAL

Applies to

Notice of appearance

Counsel and unrepresented parties appearing after the original complaint must promptly notify all other counsel and unrepresented parties and file proof of notice.

Counsel and unrepresented parties appearing after the filing of the original complaint shall forthwith notify all other counsel of record and unrepresented parties of such appearance and file proof of such notice.

CRITICAL

A person entitled to service who is not registered or cannot access the IEFS must be served under 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.

CRITICAL

After the signed Summons is returned and the Sheriff service fee is paid to the Clerk, the initiating party must deliver the documents to the Elkhart County Sheriff for service.

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 Elkhart County Sheriff to be served.

CRITICAL

Applies to

Motion to withdraw

Unless an exception applies, the party must receive ten days' notice before the attorney withdraws.

Unless authorized by the party in open Court or in writing or upon appearance of other counsel, an attorney will be permitted to withdraw his appearance for a party only after filing a Motion to Withdraw and providing the party ten (10) day notice pursuant to Trial Rule 3.1(H).

CRITICAL

Proof that the proceedings supplemental or interrogatories were served on the garnishee defendant is required, using one of the stated service methods.

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

CRITICAL

A person entitled to service who is unregistered or cannot access IEFS must be served under Trial Rule 4.

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

CRITICAL

A party offering biologically contaminated evidence must serve the pretrial notice on all parties.

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 may consider the issue and rule appropriately before trial.

CRITICAL

An adult guardian may not be appointed and a protective order may not be entered without notice unless verified allegations show that delay may cause immediate and irreparable injury or property loss or damage.

Pursuant to Indiana Code 29-3-3-4(a), no guardian of an adult shall be applied, or protective order entered without notice, except upon verified allegations that delay may result in immediate and irreparable injury to the person, or loss, or damages to the property.

CRITICAL

Service

Mail

When service of process uses certified mail, the return receipt card must be returned to the initiating party, who then files it with the Clerk.

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

CRITICAL

The parties must exchange pretrial statements at least seven days before the pretrial conference, unless the court orders otherwise.

Not fewer than seven (7) days or as the court may order, prior to the pre-trial conference, the parties shall exchange Pretrial Statements.

CRITICAL

In actions with an active child-support order, a party must provide the other party a copy of the most recent tax return and attachments upon demand, subject to the stated annual limit, redaction permission, and discovery caveat.

In all actions in which a child support order remains in effect, either party shall, upon demand, provide the other party with a copy of his or her most recent federal income tax return, together with all schedules and other attachments. The party supplying the income tax return may redact any portions thereof which relate solely to the computation of the income of any other person. Nothing in this rule shall require any person to provide more than one such copy during each calendar year; however, nothing in this rule shall infringe upon the right of any person to engage in appropriate discovery pursuant to the Indiana Rules of Trial Procedure.

CRITICAL

The affidavit must certify that the absent witness was served with process more than three days earlier, unless good and sufficient cause supports service less than three days earlier.

Certification that the absent witness was served with process more than three (3) days earlier or that for good and sufficient cause the witness was served with process less than three (3) days earlier.

CRITICAL

Applies to

Summary judgment notice

When an unrepresented party faces an opposing party's summary judgment motion, moving counsel must serve that party with a notice.

Notwithstanding any other rule of court, if a party is proceeding as unrepresented and an opposing party file a motion for summary judgment, counsel for the moving party must serve a notice upon the unrepresented party. Summary Judgment Notice