Hamilton County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Before bringing a matter to the Court, the attorney must ascertain and provide adequate proof that notice was properly served.

It shall be the attorney’s responsibility to ascertain and provide adequate proof thereof regarding whether notice was properly served prior to bringing a matter to the Court.

CRITICAL

Both parties must furnish items disclosed and required under the rule within a reasonable time thereafter.

Both parties shall furnish items disclosed and required to be furnished under this Rule within a reasonable time thereafter.

CRITICAL

If the Court determines that no Inheritance Tax Schedule is required, a copy of its order must be served on the local representative of the Indiana Department of Revenue's Inheritance Tax Division.

713.10 If the Court determines that no Inheritance Tax Schedule is required to be filed, a copy of the Court's order shall be served on the local representative of the Inheritance Tax Division of the Indiana Department of Revenue.

CRITICAL

When a hearing arises from matters contained in a petition or motion, copies of that petition or motion must be sent with all notices.

Copies of petitions or motions shall be sent with all notices where the hearing involved arises from the matters contained in the petition or motion.

CRITICAL

Service

Mail

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

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

CRITICAL

Service

Publication

When notice by publication is required, the attorney must ensure that it is properly published.

Whenever notice by publication and/or written by U.S. Mail is required to be given, the attorney shall prepare such notice and shall ensure that such notice is properly published and/or served by certified mail, return receipt requested.

CRITICAL

When an interested person has not filed a waiver, the personal representative must notify that person of the appraisal’s time and place when filing the inheritance tax return.

715.40 In the event that a waiver is not filed for each interested person, the personal representative shall, at the time of filing the inheritance tax return, provide notice of the time and place of the appraisal to each interested person who has not filed a waiver.

CRITICAL

If the State withholds a witness’s address or other contact information for the stated safety reason, it must make the witness available to defense counsel upon reasonable notice.

If the State does not disclose the witness’ address or other contact information in it possession for the reason stated under this rule then this State shall make the witness available to the defense counsel upon reasonable notice.

CRITICAL

Notice of a hearing on a petition to determine an estate insolvent must be served on all interested parties, including the local representative of the Indiana Department of Revenue’s Inheritance Tax Division.

Notice of the hearing to be held on a Petition to determine an estate insolvent shall be served on all interested parties, including the local representative of the Inheritance Tax Division of the Indiana Department of Revenue.

CRITICAL

Applies to

Pre trial notice

A party offering biologically contaminated evidence must serve the pre-trial notice on all parties so the Court can consider the issue before trial.

A party who offers biologically contaminated evidence must file a pre-trial notice with the Court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.

CRITICAL

The State must disclose covered witness information and statements, accused and co-defendant statements, applicable grand-jury testimony, expert materials, intended or accused-related tangible evidence, qualifying prior convictions, and specified criminal-history information within its possession or control.

The State shall disclose the following materials and information within its possession or control: 1. The names and last known address of person whom the State intends to call as witnesses along with copies of their relevant written and recorded statements; 2. Any written, oral, or recorded statements made by the accused or by a co- defendant, and a list of witnesses to the making and acknowledgment of such statements; 3. If applicable, the State shall disclose the existence of grand jury testimony of any person whom the prosecuting attorney my call as a witness at any trial or hearing in the case. In addition, the State shall provide a copy of those portions of any transcript of grand jury minutes within the State’s possession, which contain the testimony of such witness or witnesses. If such transcripts do not exist, the defendant may apply to the Court for an order requiring their preparation; 4. Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons; 5. Any books, papers, documents, photographs, or tangible objects that the prosecuting attorney intends to use in the hearing or trial or which were obtained from or belong to the accused; 6. Any record of prior criminal convictions that may be used for impeachment of the person whom the Sate intends to call as witnesses at any hearing or trial; and 7. Any criminal history information or documents regarding the defendant and sourced from criminal justice information (CJI) systems, the Bureau of Motor Vehicles, or other governmental agency.

CRITICAL

When the appraiser’s report is filed, the personal representative must notify all known interested persons, including the Department of State Revenue, of the hearing’s time and place.

Upon the filing of the appraiser's report, the personal representative shall provide notice of the time and place of the hearing on the report to all persons known to be interested in the resident decedent's estate, including the Department of State Revenue.

CRITICAL

Service

Electronic service

Registered IEFS users must use IEFS to serve documents.

Pursuant to Trial Rule 86 registered users of the Indiana Electronic Filing System (IEFS) must utilize the IEFS to accomplish service.

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.

714.30 Pursuant to IC 29-3-3-4(a) no guardian of an adult shall be appointed 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 damage to the property.

CRITICAL

The State must disclose covered discovery within 30 days of the latest listed triggering event, and the defendant must disclose covered discovery within 30 days after the State’s disclosure, subject to constitutional and court-ordered limitations.

Within thirty (30) days from the date of the initial hearing, the entry of an appearance by an attorney for a defendant or an appearance by a pro se defendant, or from the formal filing of charges, whichever occurs later, the State shall disclose all relevant items and information under this rule to the defendant, subject to Constitutional limitations and such other limitation as the Court may specifically provide by separate order, and the defendant shall disclose all relevant items and information under this rule to the State within thirty (30) days after the State’s disclosure.

CRITICAL

The State must disclose material in its possession or control that tends to negate guilt or reduce punishment.

The State shall disclose to the defendant(s) any material or information within its possession or control that tends to negate the guilt of the accused as to the offenses charged or would tend to reduce the punishment of such offenses.

CRITICAL

When an estate or guardianship account is set for hearing, copies of the account must be served with the hearing notice.

Whenever any estate or guardianship account (including a final account in a supervised estate) is set for hearing, copies of the account must be served with the notice of hearing.

CRITICAL

Applies to

Financial declaration

Parties must exchange Financial Declarations within 30 days after a new case or modification petition is filed, unless they agree otherwise or the Court grants leave.

Financial Declarations shall be exchanged by the parties within thirty (30) days of a new case or modification petition being filed, unless by agreement of the parties or leave of the Court.

WARNING

After the request is filed and assigned, the Clerk must promptly send notice to the prosecutor or municipal counsel.

Promptly after the request for trial de novo is filed and assigned to the appropriate court, the Clerk shall send notice of the request to the prosecuting attorney or the municipal counsel.

WARNING

Service

Email

IEFS registration constitutes consent to receive court orders and their service by email.

Registered users of IEFS by their registration with the system are deemed to have consented to accept notice and service of orders from the Court by electronic mail.

WARNING

Applies to

Pleading and chronological case summary entry

After a special judge qualifies, counsel or a pro se litigant must mail or deliver copies of each filed pleading and Chronological Case Summary entry to the judge’s office and indicate service on the certificate of service.

204.20 After a special judge has qualified, a copy of each pleading and Chronological Case Summary entries filed with the Court shall be mailed or delivered to the office of that Special judge by the counsel or pro se litigant with service indicated on the certificate of service.

WARNING

Each side must seek out discovery under the rule, and failing to do so may result in waiver of the right to full discovery.

Although each side has a right to full discovery under the terms of this rule, each side has a corresponding duty to seek out the discovery. Failure to do so may result in the waiver of the right to full discovery under this rule.

WARNING

After the request is filed and assigned, the Clerk must promptly send notice to the prosecuting attorney.

Promptly after the request for trial de novo is filed and assigned to the appropriate court, the Clerk shall send notice of the request to the prosecuting attorney.

INFO

Service

Mail

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

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

INFO

The State may withhold a witness’s address or other contact information if it in good faith believes disclosure may jeopardize the safety of the witness or the witness’s immediate family.

The State may refrain from providing a witness’ address or other contact information under this rule if the State in good faith believes that the disclosure of the witness’ address or other contact information my jeopardize the safety of the witness or the witness’ immediate family.

INFO

The State may use any disclosure method mutually agreeable with the defendant, including notifying the defendant or defense counsel of a specified reasonable time and place to inspect, obtain, test, copy, or photograph the material.

The State may perform these disclosure obligations in any manner mutually agreeable to the State and the defendant. Compliance may include a notification to the defendant or defense counsel that material and information being disclosed may be inspected, obtained, tested, copied, or photographed at a specified reasonable time and place.