Elkhart County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Applies to

Notice of contempt hearing

Service

Personal service

Notice of a contempt hearing must be personally served, including by in-person delivery or signed certified mail, and proof of service must be filed in the chronological case summary.

1. The judgment debtor or garnishee defendant was personally served with notice of the contempt hearing. Personal service for purposes of this rule includes delivery of the notice of hearing to the judgment debtor or garnishee defendant in person by a sheriff or private process server, or certified mail delivery signed by the judgment debtor or garnishee defendant. 2. Proof of service has been filed in the chronological case summary that the judgment debtor or garnishee defendant was personally served with notice of the contempt hearing.

CRITICAL

Applies to

Petition

For a petition to determine insolvency, notice of the hearing and a copy of the petition must be served on all interested parties.

When a Petition is filed to determine that an estate is insolvent, notice of the hearing on the Petition along with a copy of the Petition shall be served on all interested parties.

CRITICAL

The judgment creditor must serve the garnishee defendant with a copy of the motion for release.

Upon receipt by the judgment creditor or by the Clerk of the Circuit and Superior Courts, on the judgment creditor’s behalf, of funds sufficient to satisfy the judgment, accrued interest, and costs, the judgment creditor shall immediately file a motion for release of the garnishment order and shall serve the garnishee defendant with a copy of the motion.

CRITICAL

Service

Mail

When service is by certified mail, the initiating party must have the return receipt card returned to that party, not 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.

CRITICAL

In a criminal case set for its first or second trial setting, attorneys must provide opposing counsel an opportunity to inspect and copy intended trial exhibits 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: 1) Each attorney shall provide opposing counsel an opportunity to inspect and copy all exhibits which that party intends to introduce into evidence during the trial.

CRITICAL

Applies to

Petition for expungement of delinquency records

A petition to expunge delinquency records must be served on the prosecuting attorney.

Petitions for Expungement must be served on the prosecuting attorney when the expungement of delinquency records is sought

CRITICAL

The parties must exchange copies of business valuations and real estate and personal-property appraisals to be offered at the final hearing at least 60 days before that hearing.

J. At least sixty (60) days prior to the final hearing the parties shall exchange copies of all business valuations, real estate appraisals, and personal property appraisals that will be offered into evidence at the final hearing.

CRITICAL

Applies to

Reports

The reports must be served on all parties, including appointed CASA, as soon as available and no later than 4:00 p.m. on the Friday before the hearing.

All such reports shall be served on all parties including CASA, if appointed, as soon as available, the latest being by 4:00 p.m. on the Friday before the scheduled hearing.

CRITICAL

When notice is required, the attorney must prepare it, ensure it is published or served in accordance with local practices and statutory requirements, and establish proper service.

Whenever notice by publication and/or written notice by U.S. Mail is required either in writing or by publication, the attorney shall prepare the notice and take such actions consistent with local practices to ensure that such notice is published and/or served. In all respects, the notice shall comply with all statutory requirements. The attorney shall be responsible to establish proper service of notice bringing the subject matter of the notice before the Court.

CRITICAL

Deadline

7 business days

Unless previously disclosed, each party must deliver the listed financial and intended-submission materials to all parties at least seven business days before specified child-support hearings; State-enforced support matters are excepted.

If not previously disclosed, at least seven (7) business days before a scheduled hearing regarding provisional orders, establishment of child support or modification of child support (except support matters enforced by the State), each party shall deliver to all parties to the case the following materials: 1. Their three (3) most recent pay stubs for all employers. 2. Their most recent W-2s, 1099s, and federal income tax returns with all schedules and attachments. 3. Documentation regarding work-related childcare expenses. 4. Documentation regarding health insurance premiums. 5. Documentation regarding child support orders for other children. 6. Proposed Child Support Obligation Worksheets. 7. Financial Declaration Form; and 8. Any exhibit or document that each party intends to submit to the Court.

CRITICAL

Copies of the motion and proposed discovery request must be served on all parties in accordance with Indiana Trial Rule 5.

Copies of the motion and proposed discovery request shall be served to all parties consistent with Indiana Trial Rule 5.

CRITICAL

Applies to

Notice of counterclaim

A default judgment on a counterclaim cannot be granted unless the plaintiff was timely served with the Notice of Counterclaim.

No default judgment shall be granted on a counterclaim if the plaintiff has not been timely served with the Notice of Counterclaim.

WARNING

For an excused traffic or misdemeanor defendant, notice to the attorney of the next court date requiring the defendant's presence constitutes notice to the defendant.

A traffic and misdemeanor defendant who is excused under this rule stipulates that notice to the attorney of the next court date requiring the defendant’s presence shall constitute notice to the traffic and misdemeanor defendant.

WARNING

Applies to

Inventory

In an unsupervised estate, the inventory must be provided to distributees upon request and may instead be filed with the Court.

In an unsupervised estate, the inventory shall be provided to distributees upon request or may be filed with the Court.

WARNING

Applies to

Inventory

In a supervised administration, the inventory must be provided to interested parties upon request and may instead be filed with the Court.

In a supervised administration, the inventory shall be provided to interested parties upon request or may be filed with the Court.

WARNING

Applies to

Notice of claim and verified petition for emergency possessory order

A Notice of Claim and Verified Petition for Emergency Possessory Order may be served fewer than 20 days before the emergency possession hearing, using the service procedures in Trial Rules 4.1–4.17.

A Notice of Claim and Verified Petition for Emergency Possessory Order may be served on a defendant fewer than twenty (20) days before the emergency possession hearing. Service of the Notice of Claim and Verified Petition for Emergency Possessory Order shall be done consistently with the provisions of Trial Rule 4.1 through Ind. Trial Rule 4.17.

WARNING

Applies to

Jury instructions

Counsel must exchange instructions as directed by the Court.

Instructions shall be exchanged by counsel as directed by the Court.

WARNING

Parents should freely exchange the following information with or without request. In family matters such as this full and complete disclosure of parents’ financial means is required in that Indiana has adopted an Income Shares Model with the stated goal of the child receiving the same proportion of parental income that the child would receive if the parents lived together.

Parents should freely exchange the following information with or without request. In family matters such as this full and complete disclosure of parents’ financial means is required in that Indiana has adopted an Income Shares Model with the stated goal of the child receiving the same proportion of parental income that the child would receive if the parents lived together.

WARNING

Applies to

Return of service

The initiating party need not file a Return of Service when the Elkhart County Sheriff serves the documents.

If the Elkhart County Sheriff service method is utilized, the initiating party is not required to file a Return of Service.

INFO

Service of a notice of denial of a request to file a sur-reply is not required.

Entry of service of notice of denial is not required.

INFO

Service

Mail

Certified mail, return receipt requested, is recommended for serving notice of an estate’s opening.

however, the use of “certified mail, return receipt requested,” to serve such notice is recommended.

INFO

An opposing party may serve notices and responses on an unrepresented litigant at any address the litigant provided on a pleading.

The Clerk shall not accept any motion, petition, notice or other pleading for filing from an unrepresented litigant unless the unrepresented litigant’s current address, phone number and electronic address appears on the pleading, and an opposing party may serve notices and responses on an unrepresented litigant at any address the party has provided on a pleading.

INFO

Service

Electronic service

References to written notice in the Local Probate Rules include notice delivered electronically.

Any reference within the Local Probate Rules for Elkhart County to “written notice,” “notice in writing,” or the like shall include notice delivered electronically.

INFO

Applies to

Trial rule 41 e hearing notice

Notices of Trial Rule 41(E) dismissal hearings will routinely be issued and served on affected parties and counsel.

Notice of Trial Rule 41(E) hearings for dismissal due to lack of prosecution will be routinely issued and served upon affected parties and counsel.

INFO

Documents for Sheriff service may be hand-delivered or mailed to the Elkhart County Sheriff.

Documents may be hand-delivered or mailed to the Elkhart County Sheriff.

INFO

Service

Email

Actual notice may be sent by email if the local electronic filing rules authorize it.

Actual notice may be accomplished by electronic mail if so, authorized by the local electronic filing rules.

INFO

Service

Mail

Sending notice to the last current address is sufficient.

send notice to the last current address shall be sufficient.