Floyd County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Applies to

Pleading or paper required to be served by trial rule 5

Proof of Trial Rule 5 service may be made by an attorney-signed certificate identifying each recipient by name and address, or by an acknowledgment signed by the served party or, if represented, the party’s attorney of record.

Proof of service of pleadings or papers required to be served by Trial Rule 5 may be made either by: [1] a certificate of service signed by an attorney of record which certificate shall identify by name and address the person or persons to whom service is directed; or [2] an acknowledgment of service signed by the party served or the attorney of record if such party is represented by an attorney.

CRITICAL

A copy of the verified financial disclosure statement is delivered to the opposing party or counsel in person, by prepaid U.S. Mail, or through the Court’s Electronic Filing.

I hereby certify that a true and accurate copy of the foregoing Verified Financial Disclosure Statement was delivered to the opposing party or their attorney of record either in person, or by U.S. Mail- postage prepaid, or by Court’s Electronic Filing.

CRITICAL

Applies to

Post dissolution action

Process in post-dissolution actions must comply with Indiana Trial Rule 4, and service on the attorney from the underlying dissolution action is insufficient.

A. Trial Rule 4 Service Required. Service of process on a party in post-dissolution actions, such as petitions for modifications and applications for rule to show cause, must comply with Trial Rule 4 of the Indiana Rules of Trial Procedure. Service of process upon the attorney who represented the party in the underlying dissolution action shall be deemed insufficient.

CRITICAL

Excepting appearances in estates and guardianships, an attorney desiring to withdraw his appearance in any other proceeding shall file a written motion requesting leave to do so accompanied by a notice of hearing or proof satisfactory to the Court that at least ten [10] days prior written notice has been given to the client and to all other parties of record in advance of the withdrawal date, which date shall be set forth in the written notice.

Excepting appearances in estates and guardianships, an attorney desiring to withdraw his appearance in any other proceeding shall file a written motion requesting leave to do so accompanied by a notice of hearing or proof satisfactory to the Court that at least ten [10] days prior written notice has been given to the client and to all other parties of record in advance of the withdrawal date, which date shall be set forth in the written notice.

CRITICAL

A filed Certificate of Readiness must be served on all parties and contain a certificate of service.

If a Certificate of Readiness is filed pursuant to subsection F of this Local Rule, the Certificate shall be served on all parties in a cause and shall contain a certificate of service.

CRITICAL

In an uncontested action, written notice stating a definite final-hearing date and time must be sent to an unrepresented party’s last known address; proof of service is not required, and a copy must be submitted to the Court at the hearing.

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, however, a copy of said notice shall be submitted to the Court at the time of the final hearing.

CRITICAL

Applies to

Notice

At filing, the moving party must serve the opposing party with notice of the financial disclosure 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 Form.

CRITICAL

Service

Mail

The court must notify attorneys of record and unrepresented parties by mail, including email, of the date by which evidence must be retrieved before destruction.

In all cases, the court shall provide actual notice, by mail (including e-mail), to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.

CRITICAL

Applies to

Verified financial disclosure statement

The verified financial disclosure statement must be provided to the opposing party within 45 days of the case filing date.

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

CRITICAL

A withdrawal motion’s hearing notice must be served on the defendant to direct the defendant to appear; if the defendant is incarcerated, the defendant must instead be produced in court.

a notice of hearing which shall be served upon the defendant directing said person to appear at the hearing, unless incarcerated, in which event the defendant shall be produced in Court for said hearing.

CRITICAL

In contested dissolution and separation actions, parties must exchange the verified form within 45 days after filing, subject to court-ordered changes for good cause and the stated exceptions.

In all contested dissolution and separation actions, each party shall prepare and exchange within forty -five (45) days of the filing of the action, a Verified Financial Disclosure Form in substantial compliance with the form set forth in the Appendix to these Local Family Rules of Practice or such other Verified Financial Disclosure Form approved by the Indiana Office of Court Services. For good cause, the time limit may be extended or shortened by Court Order. B. Exceptions. The Verified Financial Disclosure Form need not be exchanged if 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 pro se response by the Respondent or appearance by counsel for Respondent, or upon order of Court waiving such exchange.

CRITICAL

Applies to

Notice

At filing, the moving party must serve the opposing party with notice of the co-parenting class or other court-directed program requirement.

At the time of the filing of a dissolution or separation proceeding or a post-dissolution proceeding where custody is in issue, the moving party shall serve a Notice upon the opposing party of the requirement of attend a coparenting class or other such program as directed by the Court in which the proceeding is filed.

CRITICAL

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

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

Applies to

Notice of contempt hearing

Service

Personal service

A body attachment may be requested and issued only if the previously ordered party or person was personally served with notice of a contempt hearing.

Body Attachment shall be requested and issued only when the party/person previously ordered to appear for a Court proceeding was personally served with notice of a contempt hearing pursuant to I.C. 34-47-4-1.

CRITICAL

The hearing notice must be served on the personal representative or guardian at least ten days before the hearing.

An attorney desiring to withdraw his appearance in an estate or guardianship shall file a written motion requesting leave to do so accompanied by a notice of hearing which shall be served at least ten [10] days prior to the hearing upon the personal representative or guardian directing said person to appear at the hearing.

WARNING

Counsel and parties must keep the court informed of their current addresses, and notice to the last current address is sufficient.

Counsel and parties have the duty to keep the court informed of their current addresses and notice to the last current address shall be sufficient.

WARNING

Counsel and self-represented parties are responsible for verifying service of process; they may check the online Chronological Case Summary, use the Clerk’s public-access computers, or review Court files, and Court personnel need not check the files for them.

It is the responsibility of counsel and Pro Se parties to verify service of process. Court personnel are not required to review case files to determine if a party has acquired service of process. Counsel and Pro Se parties may access the Chronological Case Summary online or by use of the public access computers located in the office of the Floyd County Clerk to determine if service of process has been acquired. If necessary, Court files may be reviewed to verify service of process.

WARNING

Service

Mail

After names are drawn, the jury administrator must mail prospective jurors a qualification form and notice of the jury-service period as required by the judges.

The jury administrator shall mail a jury qualification form and notice of the period for jury service after the drawing of names from the jury pool as required by the judges of the Floyd Circuit and Superior Courts.

WARNING

Written notice of intent to withdraw is not required in criminal, family law, or juvenile cases when no motion is pending and no hearing or trial has been set.

(1) In criminal, family law, and juvenile cases, where no motion is pending and where no hearing or trial has been set;

WARNING

Service

Mail

As needed, the judges must inform jury administrators to summon prospective jurors, and summonses are transmitted to prospective jurors by regular mail.

As needed, the judges of the Floyd Circuit and Superior Courts shall inform the jury administrators periodically to summon prospective jurors for trials, and summonses transmit through regular mail to the prospective jurors.

WARNING

Written notice of intent to withdraw is not required after other counsel has appeared for the party.

(2) In any case, after other counsel has appeared on the party’s behalf.