Fayette County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Applies to

Child support worksheet

Child Support Worksheets intended for introduction at trial or final hearing must be exchanged by the parties or counsel at least seven days before trial.

Child Support Worksheets intended to be introduced at trial or final hearing shall be exchanged by the parties or counsel at least seven (7) days prior to trial.

CRITICAL

Applies to

Financial declaration form

The party filing a petition or motion must provide the opposing party or counsel with the completed Financial Declaration Form and attachments within 45 days after filing.

In all relevant family law matters, including dissolutions of marriage, separations, post- decree and support proceedings, the party filing the petition/motion shall provide to the opposing party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form (available from the Court) with all required attachments within forty-five (45) days of the filing of such petition/motion.

CRITICAL

Service

Mail to all parties

Any notice which is required to be given shall be prepared by the personal representative in a sufficient number so that the Clerk may make publication where required and to mail copies to all persons entitled to the same.

Any notice which is required to be given shall be prepared by the personal representative in a sufficient number so that the Clerk may make publication where required and to mail copies to all persons entitled to the same.

CRITICAL

Service

Court service to all parties

When a covered family law matter is filed, the Clerk must provide the required notice to the moving party upon filing and serve it on the non-moving party.

Upon the filing of any family law matter referred to in Rule 6(A), the Clerk shall provide to the moving party upon filing and to the non-moving party by service a Notice of the requirement of this Rule.

CRITICAL

Post-dissolution pleadings must be served on a party whose representation has ended in accordance with the Indiana Rules of Trial Procedure.

The service of any post dissolution pleadings upon any party not represented by counsel pursuant to the above paragraph shall be made upon that person pursuant to Indiana Rules of Trial Procedure.

CRITICAL

Applies to

Written communication to court

Unless the Court orders otherwise, a copy of any written communication to the Court concerning a case with adverse parties must be sent to opposing counsel or appearing unrepresented parties.

(E) Unless otherwise ordered by the Court, a copy of any letter, paper or other written communication to the Court concerning a case with adverse parties shall be sent to opposing counsel or unrepresented parties who appear in said cause.

CRITICAL

Service

Publication

If notice is to be published, the personal representative must deliver a copy to the Connersville News-Examiner after paying the costs.

If notice is to be made by publication, the personal representative shall deliver a copy to the Connersville, News-Examiner after payment of costs.

CRITICAL

Reports must promptly be given to the parents, foster parents, Special Advocate, caseworker, probation officer, and attorneys.

All reports that are required to be filed with the Court or are filed with the Court shall be filed at least 7 days prior to the hearing and shall promptly be given to the parents, foster parents, Special Advocate, caseworker, probation officer and attorneys.

CRITICAL

Deadline

24 hours

Applies to

Application or affidavit

The application or affidavit must be served on opposing counsel so that counsel receives it at least 24 hours before the related scheduled hearing.

Any such application and/or affidavit shall be served on opposing counsel in such a manner as to be received by such counsel at least 24 hours prior to any scheduled hearing to which such papers relate.

CRITICAL

Proof of service required by Rule T.R. 5 must be a signed written acknowledgment, a signed certificate from the serving party’s attorney of record, or an affidavit from another person.

(D) Proof of service required by Rule T.R. 5 shall be made by: (1) written acknowledgment of service signed by the party served or his attorney of record; (2) a written certificate of service signed by the attorney of record for the serving party; or (3) an affidavit of service by any other person.

CRITICAL

The moving party must provide the opposing party a completed Financial Declaration Form with required attachments within 45 days after the petition or motion is filed.

You are advised that the moving party is required to provide to the opposing party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form with all required attachments within forty-five (45) days of the filing of such petition/motion.

CRITICAL

Applies to

Order

An attorney who prepares an order on their own initiative or at the Court’s request must serve a copy on out-of-county attorneys.

The attorney preparing an order on his own initiative or at the Court's request shall serve a copy of such order upon out of county attorneys.

CRITICAL

At least 14 days before a provisional or modification hearing, the parties must exchange specified recent income and benefits records.

At least fourteen (14) days before the scheduled provisional or modification hearing, the parties shall exchange their three (3) most recent pay stubs, most recent W-2 and tax return, 1099's for income earned, and any documentation as to unemployment compensation or disability pay received within the last year

CRITICAL

The State must disclose specified witness, defendant, and grand-jury materials to the defendant by the earlier stated deadline, subject to exceptions.

(A) The State of Indiana shall disclose to the Defendant not less than fourteen (14) days prior to the omnibus date or forty-five (45) days after the entry of a plea whichever comes first, except as otherwise provided, the following material and information within its possession or control: (1) The names and last known addresses of persons whom the State may call as witnesses, together with their relevant written or recorded statements, memoranda containing substantially verbatim reports of their oral statements and a list of memoranda reporting or summarizing their oral statements. (2) Any written or recorded statements and the substance of any oral statements made by the accused or by a co-defendant, and a list of witnesses to the making and acknowledgment of such statements. (3) A transcript of those portions of grand jury minutes containing testimony of persons whom the prosecuting attorney may call as witnesses at the hearing or trial, as designated by the defense after listening to the recording of the testimony.

CRITICAL

Notice of a case conference must be given immediately to the parent, foster parents, CASA, and anyone else necessary for the conference.

Notice must be given immediately to the parent, foster parents, CASA and anyone else necessary for the conference to be a success.

CRITICAL

The Defendant must disclose the listed discovery materials to the State by the earlier applicable deadline: at least seven days before the omnibus date or 55 days after entry of a plea.

(B) Subject to Constitutional limitations, the Defendant shall disclose to the State, not less than seven (7) days prior to the omnibus date or fifty-five (55) days after the entry of a plea whichever comes first, the following material and information within its possession or control: (1) The names and addresses of persons whom the Defendant may call as witnesses along with a summary of their testimony and record of prior criminal convictions. (2) Any books, papers, documents, photographs or tangible objects which are intended to be used at a hearing or trial. (3) Any medical or scientific reports relating to Defendant or Defendant's evidence which may be used at a hearing or trial. (4) Any defenses, procedural or substantive, the Defendant intends to make at a hearing or trial.

CRITICAL

Deadline

2 hours

For a hearing set with less than 10 days’ notice, the report must be provided to the listed individuals within 4 days of the hearing date and no later than 2 hours before the hearing.

If the hearing was set with less than 10 days notice then the report shall be provided to the Court and the above individuals within 4 days of the date of the hearing but no later than 2 hours prior to the hearing.

CRITICAL

Deadline

48 hours

Applies to

Response child support worksheet

The response Child Support Worksheet and supporting documents must be provided to the other party or counsel at least 48 hours before the provisional hearing, unless reasonable circumstances prevent it, in which case they must be provided at the earliest opportunity.

A response Child Support Worksheet with supporting documents shall be provided to the other party or to opposing counsel as the case may be, at least forty-eight (48) hours prior to the provisional hearing, unless reasonable circumstances prevent doing so and then such Child Support Worksheet shall be provided to the other party or opposing counsel at the earliest opportunity.

CRITICAL

For a writ of attachment for an absent witness, the witness must be served with process more than 24 hours before being called, unless the Court orders otherwise.

A writ of attachment for an absent witness will be issued only after the absent witness has been called in open Court and an affidavit filed showing the materiality of the testimony of such witness and what it is expected to prove by him, and that he has been duly served with process more than twenty-four (24) hours before the calling of such witness, unless otherwise ordered by the Court.

CRITICAL

The opposing party must provide the petitioning party a completed Financial Declaration Form with required attachments within 50 days after the petition or motion is filed.

The opposing party shall provide to the petitioning party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form with all required attachments within fifty (50) days of the filing of the petition/motion.

CRITICAL

Counsel must give the client at least ten days’ written notice of a motion to withdraw and file satisfactory evidence of that notice with the court.

Counsel shall also file with the Court satisfactory evidence of at least ten (10) days written notice of the motion to his client.

CRITICAL

Monthly service-provider reports must be provided to the Office of Family and Children, Probation Department, CASA, parents, foster parents, and attorneys.

The monthly reports are to be provided to the Office of Family and Children, Probation Department, CASA, parents, foster parents, and attorneys.

CRITICAL

Applies to

Financial declaration form

The opposing party must provide the petitioning party or counsel with a completed Financial Declaration Form and attachments within 50 days after the petition or motion is filed.

The opposing party shall provide to the petitioning party or his or her legal counsel, if applicable, a fully completed Financial Declaration Form with all required attachments within fifty (50) days of the filing of the petition/motion.

CRITICAL

Service

Personal service to opposing party

Before a Body Attachment may issue, the party must establish personal service of a Rule to Show Cause containing the stated warning, or show that the nonappearing person was present in court when the hearing was set.

Before a Body Attachment may be issued a party must establish have personal service on the adverse party of a Rule to Show Cause stating that a failure to appear may results in a body attachment or otherwise show that the non appearing person was present in court at the time the hearing was set.

CRITICAL

A copy of the signed notice shall be given by the Sheriff to the court, the arrested person and the Sheriff shall retain a copy.

A copy of the signed notice shall be given by the Sheriff to the court, the arrested person and the Sheriff shall retain a copy.

CRITICAL

Counsel seeking to withdraw must give the client written notice at least ten days before the withdrawal date and file satisfactory evidence of that notice; this requirement is waived when another counsel appears with the withdrawal.

(D) Counsel desiring to withdraw their appearance in any action shall file a written petition requesting leave to do so. Such petition shall fix a date for such withdrawal and petitioning counsel shall file with the Court satisfactory evidence of at least ten days written notice to his client in advance of such withdrawal date. (E) A withdrawal of appearance when accompanied by the appearance of other counsel shall constitute a waiver of the requirements of subparagraph (D) of this rule.

WARNING

A Fayette County attorney may be served by leaving a copy in the space provided in the Court’s or Clerk’s office, and attorneys are responsible for checking their space.

(G) Service may be made on any Fayette County attorney by leaving a copy of the pleading, motion, order, etc. in the space provided by the Court in the Court's office or Clerk’s office. It will be the responsibility of the attorneys to check their space.

WARNING

The clerk must provide both parties with a copy of the rule.

The clerk is directed to provide a copy of this rule to both parties.

WARNING

It is the responsibility of the party requesting service to ascertain that proper service was obtained. If there is a question concerning service, that question should be brought to the Court's attention for a ruling.

It is the responsibility of the party requesting service to ascertain that proper service was obtained. If there is a question concerning service, that question should be brought to the Court's attention for a ruling.

WARNING

If service fails for any reason while a hearing is scheduled, the Court will vacate the hearing date without notice.

If service failed for any reason and a hearing is scheduled the Court will vacate the hearing date without notice.