Howard County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Applies to

Proposed preliminary instruction

In a civil matter, the plaintiff must exchange the proposed preliminary instruction with opposing counsel.

The plaintiff in a civil matter shall prepare and exchange with opposing counsel a proposed preliminary instruction on the issues, which shall be included in the Pre-Trial Order.

CRITICAL

Before withdrawing, an attorney generally must give the client ten days’ written notice and file a copy with the court, subject to the stated exceptions.

Permission to withdraw shall be given only after the withdrawing attorney has given his client ten (10) days written notice of his intention to withdraw and has filed a copy of the notice with the court, except in the following cases: (1) when another attorney has already filed an appearance for the same party; or (2) when the withdrawing attorney files a pleading indicating that he or she has been terminated from the case by the client; or (3) when the appearance of an attorney is deemed withdrawn upon conclusion of an action or matter.

CRITICAL

A copy of a supporting brief or memorandum must be served on the adverse party.

If a party desires to file a brief and memorandum in support of any motion, such brief or memorandum shall accompany or be filed simultaneously with the motion, and a copy served on the adverse party.

CRITICAL

Applies to

Proposed preliminary instructions

Proposed preliminary instructions must be exchanged.

Proposed preliminary instructions shall be exchanged and filed.

CRITICAL

A copy of an appearance must be served on other counsel or parties.

A copy must be served on other counsel or parties.

CRITICAL

Service

Personal service

When a transcript is sought for the appellate record, counsel must personally and contemporaneously deliver the Notice of Appeal to the Court Reporter, advise the reporter of the preparation deadline, and arrange payment for the records.

When an appeal is initiated by the filing of a Notice of Appeal pursuant to Appellate Rule 9, and a transcript of all or any part of the evidence is sought for the record on appeal, counsel filing the Notice of Appeal shall deliver, contemporaneously and personally, a copy of the Notice of Appeal to the Court Reporter, advise the Court Reporter of the deadline for preparation of the records, and then make arrangements to pay the Court Reporter for preparation of the records.

CRITICAL

If release on bond is authorized before probable-cause determination, a copy of the notice must be delivered to the court and prosecutor.

When the judge has authorized release on bond before probable cause determination, the Sheriff shall give notice to the defendant of a court appearance date on the Report of Bonding form with a copy delivered to the court and prosecutor.

CRITICAL

Applies to

Final jury instructions

Reasonably anticipated final instructions must be exchanged.

Reasonably anticipated final instructions shall be exchanged and filed with the Court as directed.

CRITICAL

When a Special Judge is selected, copies of all filed pleadings, motions, or briefs must be mailed or delivered to the Special Judge’s office.

C. COPIES TO SPECIAL JUDGES. When a Special Judge is selected, copies of all pleadings, motions, or briefs filed shall be mailed or delivered to the office of the Special Judge with certificate of forwarding same made a part of the original papers.

CRITICAL

Applies to

Verified objections

Objections to a Certificate of Readiness must be served on all counsel of record.

If any party should oppose any matter contained in the Certificate of Readiness, he shall, within 10 days following receipt of a copy of the Certificate of Readiness, file with the Court, with service to all counsel of record, his verified objections citing in particular why the cause is not ready for pre-trial conference and trial.

WARNING

A schedule of assets and liabilities, together with copies of any and all inventories and appraisals, may be submitted to the Court prior to the beginning of a contested trial and copies served upon opposing counsel.

A schedule of assets and liabilities, together with copies of any and all inventories and appraisals, may be submitted to the Court prior to the beginning of a contested trial and copies served upon opposing counsel.