Fountain County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Service

Personal service

For personal service, the requesting party must give the Sheriff the person's name and address, specific driving instructions, employment location and work shift if service is sought there, and the requesting attorney's name and telephone number.

(c) If summons, citations, etc. are to be served by personal service, the party seeking such service shall provide the Sheriff with the name of the person to be served, the address of such person, including specific driving instructions, place of employment and work shift if service is to be had at place of employment, and name and telephone number of the attorney seeking service.

CRITICAL

Service

Mail

Orders or entries submitted to the Court must include enough copies for the Clerk to retain the original and mail a copy to each affected party.

(e) All orders or entries submitted to the Court shall be in sufficient number that the original may be retained by the Clerk, and a copy mailed to each affected party.

CRITICAL

Service

Mail

For service by certified mail, the requesting party must give the Clerk a properly addressed envelope and prepare a return receipt showing the cause number and cause name.

(b) If service is to be had by certified mail, the party requesting such service shall provide the Clerk with a duly addressed envelope and prepare a return receipt with the cause number and name of cause shown thereon.

CRITICAL

An estate may not be closed as insolvent without due notice to all creditors and other interested persons.

no estate shall be closed as insolvent without due notice to all creditors and all other persons interested in the estate.

CRITICAL

If an appearance has been entered, the defendant must receive at least 10 days' notice before a hearing on a motion for default judgment.

Default judgments shall be taken as provided by T.R. 55, provided that no hearing on any motion for default judgment will be had, where an appearance, either by an attorney or pro se, has been entered, without at least 10 days notice being given to the defendant.

CRITICAL

A person seeking service of a paper or pleading must provide the Clerk with enough copies to accomplish service.

(a) Persons seeking service of any paper or pleading shall furnish the Clerk with sufficient copies as may be necessary for such service.

CRITICAL

The defendant's counsel must receive 10 days' notice before entry of a default judgment for failure to plead.

Default judgments for failure to plead shall not be entered except after affidavit or motion of moving party, and upon 10 days notice to the defendant's counsel.

CRITICAL

Applies to

Contempt citation

The judgment plaintiff must have the Contempt Citation served before a bench warrant may issue.

provided however, the judgment plaintiff must first file a Contempt Citation, schedule a hearing thereon, and have the same served, and such bench warrant will then only issue if such defendant fails to appear or otherwise comply with the Court Order.

CRITICAL

Service

Mail

When written notice by U.S. Mail is required, the attorney must prepare it with addressed, postage-paid envelopes and ensure it is properly served.

Whenever notice by publication and/or written notice by U. S. Mail is required to be given, the attorney shall prepare such notice with sufficient envelopes required for such mailing, with postage and addresses, and shall ensure that such notice is properly published and/or served.

CRITICAL

Counsel must give the client at least 10 days’ written notice before the withdrawal date and file satisfactory evidence of notice; this requirement is waived when new counsel appears simultaneously.

Counsel seeking to withdraw their appearance in any action shall file a motion requesting leave to do so. Such motion shall fix a date for such withdrawal, and thereafter satisfactory evidence of a least 10 days written notice to the client in advance of such date of withdrawal shall be filed with the Court. (e) A withdrawal of appearance accompanied by the simultaneous appearance of new counsel shall constitute a waiver of paragraph (d) above.

CRITICAL

Service

Mail

Notice of an estate opening must be sent by regular U.S. Mail to all readily ascertainable creditors.

(c) Notice of the opening of an estate shall be by regular U. S. Mail to all readily ascertainable creditors.

CRITICAL

The attorney must ascertain and provide adequate proof of notice.

It shall be the duty of the attorney to ascertain and provide adequate proof of notice.

CRITICAL

After disallowing a claim, the fiduciary must notify the claimant or the claimant’s counsel.

Upon disallowance of a claim, the fiduciary shall notify the Court so that the same may be transferred to the plenary docket as provided by law, and the fiduciary shall then have the responsibility of notifying the claimant or the claimant's counsel.

CRITICAL

The personal representative must provide the notice immediately upon execution of letters of administration and file proof of service with the Clerk.

(g) In all unsupervised estates immediately upon the execution of letters of administration, the personal representative shall provide a notice to all interested persons of their rights relating to an unsupervised estate as provided by the Indiana Probate Code, and shall file with the Clerk a proof of service of such notice, which notice shall be substantially similar to the one attached in the appendix to these rules.(See Appendix c)

WARNING

Counsel need not exchange instructions until after the evidence has been submitted and a formal tender of proposed special instructions has been made.

Instructions need not be exchanged by counsel until after the evidence has been submitted, and a formal tender of proposed special instructions made.