Huntington County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Applies to

Interrogatories

A party serving written interrogatories must provide two copies to each party required to answer them.

(A) A party serving written interrogatories pursuant to the Indiana Rules of Procedure shall provide two (2) copies to each party required to answer the same.

CRITICAL

In covered criminal cases, the Defense must disclose the specified material within its possession or control to the State at least 14 days before trial, with discovery continuing through trial.

For all criminal cases filed in the Huntington Circuit or Superior Court, beginning January 1, 2007, the Court now issues the following Discovery Order: B. The Defense shall disclose to the State the following material and information within its possession or control at least fourteen (14) days before trial. Discovery shall be continuing in nature through trial. 1. The names and addresses of persons whom the Defendant may call as witnesses along with a copy of their written statements or a summary of their oral statements and a record of their 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 defense, procedural or substantive, the Defendant intends to make at a hearing or trial and a significant summary of the basis and authority for the same. 5. 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 which will be used or relied upon at a hearing or trial.

CRITICAL

Applies to

Appearance

A copy of counsel’s appearance must be served on the other counsel or pro se parties.

A copy thereof must be served on the other counsel or pro se parties.

CRITICAL

In covered criminal cases, the State must disclose the specified material within its possession or control to the Defense at least 14 days before trial and continue discovery through trial; it may use an inspection or copying arrangement mutually agreed with Defense Counsel.

For all criminal cases filed in the Huntington Circuit or Superior Court, beginning January 1, 2007, the Court now issues the following Discovery Order: A. The State shall disclose to the Defense the following material and information within its possession or control at least fourteen (14) days before trial. Discovery shall be continuing in nature through trial. 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 acknowledgement 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. 4. Any reports or statements of experts, made in connections with the particular case, including results of physical or mental examinations and scientific tests, experiments or comparisons which may be used or relied upon at hearing or trial. 5. Any books, papers, documents, photographs or tangible objects which the Prosecuting Attorney intends to introduce into evidence as a part of his case-in-chief in the hearing or trial or were obtained from or belong to the accused. 6. Any record of prior criminal convictions which may be used for impeachment of the persons whom the State intends to call as witnesses in its case-in-chief at the hearing or trial. 7. Any evidence, which tends to negate the guilt of the accused as to the offense charged or would tend to mitigate his punishment. The State may perform these obligations in any manner mutually agreeable to itself and Defense Counsel by notifying Defense Counsel that material and information, described in general terms may be inspected, obtained, tested, copied or photocopied, at specified reasonable times and places.

CRITICAL

Applies to

Appearance

A Deputy Prosecuting Attorney must serve a copy of the appearance on defense counsel.

At such time as the office of the Prosecuting Attorney assigns a case to a Deputy Prosecuting Attorney, that Deputy Prosecuting Attorney shall file a written appearance in the same form as set out above, and shall serve a copy of the appearance on Counsel for the Defendant.

CRITICAL

Applies to

Notice of motion

Service

Mail

Counsel must mail the Defendant notice of the withdrawal-motion hearing stating its date, time, and place and informing the Defendant that attendance is necessary.

Counsel shall further send notice of the filing of said motion to the Defendant, which notice shall indicate the date, time and place of said hearing. It shall be sent by first class mail and shall inform the Defendant of the necessity to be present.

CRITICAL

Other legally or court-required notices, including pleadings served on opposing counsel, must be served under the applicable Indiana Supreme Court rules and statutes.

(C) All other notices required by law or Court rules, including the service of pleadings on opposing counsel, shall be served in accordance with Rules of the Supreme Court of the State of Indiana and applicable statues.

CRITICAL

Applies to

Appearance

Defense counsel must serve a copy of the appearance on the Prosecuting Attorney’s office.

Any attorney representing a Defendant shall appear for such Defendant immediately upon being retained or appointed, by signing and filing an appearance in writing with the Court containing his name, attorney number, address and telephone number and shall serve a copy of said appearance to the office of the Prosecuting Attorney.

CRITICAL

All items and information which is the lawful subject of discovery in any civil case pending in the Huntington County Circuit Court or the Huntington County Superior Court shall be exchanged between the adversary parties without formal request up to the trial or the pre-trial conference, if one is held.

All items and information which is the lawful subject of discovery in any civil case pending in the Huntington County Circuit Court or the Huntington County Superior Court shall be exchanged between the adversary parties without formal request up to the trial or the pre-trial conference, if one is held.

WARNING

For attorneys with an office in Huntington County and contract Public Defenders, depositing written notice in the named attorney’s Law Library box is sufficient notice.

(A) For attorneys maintaining an office within the territorial boundaries of Huntington County, Indiana, or contract Public Defenders it shall be sufficient notice of the above matters if a written copy of the notice of hearing, argument, ruling or other matter is deposited in a box bearing the attorney’s name, located in the office of the Huntington County Circuit Court Law Library. The boxes bearing the Huntington County attorney’s names, located in the Law Library office of the Court Reporter of Huntington County Circuit Court shall be used by the Superior Court also.

WARNING

Applies to

Jury instructions

Proposed instructions need not be exchanged by Counsel until after the evidence has been submitted.

Proposed instructions need not be exchanged by Counsel until after the evidence has been submitted.

WARNING

Service

Mail

For attorneys without a Huntington County office, ordinary mail to the address in their appearance or other pleadings is sufficient and binding notice.

(B) In cases where it is necessary to give notice to attorneys not maintaining an office within the territorial boundaries of Huntington County, Indiana, it shall be sufficient and binding notice if a written copy of such notice is mailed by ordinary mail to said attorney, at the address contained in their appearance of other pleadings.