Johnson County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Applies to

Additional pleading or notice of hearing

All additional pleadings and hearing notices must be served on every trust beneficiary, regardless of the nature of the beneficiary’s interest.

All additional pleadings and any notice of hearing shall be served upon all beneficiaries of the trust, whether the nature of the interest is present, future, vested, or contingent.

CRITICAL

Applies to

Summons and repled complaint

The summons and repled complaint must be served on the opposing party as required by law.

The Summons and repled Complaint shall be served on the opposing party as required by law.

CRITICAL

Applies to

Garnishment release order

The creditor must forward a copy of the garnishment-release order to the garnishee-defendant(s).

shall forward a copy to the garnishee-defendant(s).

CRITICAL

Self-represented litigants must notify all other parties of every court hearing.

Self-represented Litigants must provide notice about all court hearings to all other parties.

CRITICAL

A copy of any motion, objection, or petition pursuing an interest in tax-sale land or surplus proceeds must be provided to the Johnson County Attorney.

A copy of any motion, objection, or petition filed to pursue interests in land arising from a tax sale or the surplus proceeds arising from a tax sale shall be provided to the Johnson County Attorney.

CRITICAL

An attorney must give the client ten days’ written notice of the intent to withdraw, unless another attorney has appeared for the party or the attorney states in the motion that the client terminated the attorney.

C. Client Notification. An attorney must give the attorney’s client ten (10) days written notice of the attorney’s intention to withdraw unless: 1. another attorney has filed an appearance for the same party; or 2. the withdrawing attorney indicates in the motion that he or she has been terminated by the client. Failure to conform to this rule may result in the denial of the motion to withdraw as counsel.

CRITICAL

A party requesting trial assignment must give notice to all other parties.

A case shall be assigned for trial and placed upon the trial calendar by the Court upon written request of a party and notice to all other parties.

CRITICAL

Notice of hearing must be provided to a non-custodial parent unless written consent is provided to the Court.

Unless written consent is provided to the Court, notice of hearing shall be provided to a non-custodial parent.

CRITICAL

Applies to

Pleading or notice

Delivery of a pleading or notice to an attorney’s Courthouse mailbox constitutes service under Indiana Trial Rule 5(B)(1)(d).

Delivery of a pleading or notice to an attorney’s Courthouse mailbox constitutes service pursuant to the provisions of Indiana Trial Rule 5(B)(1)(d).

CRITICAL

The notifying party must adequately document perfected notice before seeking court action.

It is the notifying party’s responsibility to adequately document perfection of notice prior to seeking Court action on any matter.

CRITICAL

If the Court’s jurisdiction is invoked in an Unsupervised Estate for a matter outside the listed standard functions, the Estate becomes supervised for all purposes, and the Fiduciary and attorney must notify all heirs, legatees, devisees, and other interested persons.

In an Unsupervised Estate, if the jurisdiction of the Court is invoked for any matter other than the judicial functions which are standard for unsupervised administration (i.e., opening the Estate, determining any inheritance tax due, and accepting the Closing Statement), the administration shall become a Supervised administration for all purposes. In that event, the Fiduciary and attorney shall give notice of such administration to all heirs, legatees, devisees, and other interested persons.

CRITICAL

When notice by publication or U.S. Mail is required, the responsible party must prepare it and submit it to the Clerk for service.

Whenever notice by publication and / or written notice by U.S. Mail is required to be given, the party responsible for providing notice shall prepare such notice and submit it to the Clerk for service.

CRITICAL

Applies to

Petition to docket trust

A Petition to Docket Trust must be served on the Trustee.

Any Petition to Docket Trust shall be served upon the Trustee.

CRITICAL

A body attachment requires that the person previously ordered to appear was served in accordance with Indiana Trial Rules 4 and 5 and failed to appear.

the judgment debtor or garnishee-defendant previously ordered to appear for scheduled hearing was served in accordance with Indiana Trial Rules 4 and 5 and failed to appear for the hearing at issue

CRITICAL

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

A party who intends to offer biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the Court can consider the issue and rule appropriately before trial.

CRITICAL

Service

Court service

The Clerk must issue notice as provided by the Indiana Code or Indiana Trial Rules.

Notice shall issue by the Clerk as provided by Indiana Code or Indiana Trial Rules.

CRITICAL

Applies to

Proceedings supplemental

Proceedings supplemental must be served on the garnishee-defendant by certified mail or refusal, sheriff’s service, or a private process server, and the stated interrogatory or employment-verification condition must also be met.

service on the garnishee-defendant of the proceedings supplemental by: a. certified mail, or refusal thereof; b. Sheriff’s service; c. private process server; and d. return of answered interrogatories, other verification of employment by the garnishee-defendant, or failure to answer interrogatories after notice.

CRITICAL

Self-represented litigants must provide all other parties with copies of every paper or document filed in the case.

Self-represented Litigants must provide copies of all papers or documents filed in the case to all other parties.

CRITICAL

Service

Email

The Court sends notices to the parties’ most recent email addresses on file, and parties must keep their email addresses current in all their files.

Notices from the Court will be sent to the parties at the most recent email addresses contained in the Court's file. The parties are therefore solely responsible to maintain their current email addresses in all files concerning them.

CRITICAL

Service

Mail

All notices issued by U.S. Mail must be accompanied by a Clerk’s Certificate of Mailing for the Clerk to execute.

The notifying party shall provide a Clerk’s Certificate of Mailing, to be executed by the Clerk, with all notices issued by United States Mail.

CRITICAL

Tenant notice must be ten days unless the landlord files the pleadings and bond specified by statute or has an agreement with the tenant.

B. Notice to tenant. Unless the landlord shall file the pleadings and bond set forth in I.C. 32-30-3-6, or has an agreement with the tenant, notice to a tenant shall be ten (10) days as required by I.C. 32-31-1-6.

CRITICAL

The notifying party must provide enough copies of the notice to serve everyone who must be notified.

The notifying party shall provide the number of copies of the notice to be served sufficient to serve all persons to be so notified.

CRITICAL

Applies to

Relevant petition or motion

When a hearing requires statutory notice, a copy of the relevant petition or motion must be served with the hearing notice.

If a hearing is scheduled on a particular matter, for which notice is statutorily required, a copy of the relevant petition or motion shall be served with the notice of hearing.

CRITICAL

A filer must provide every letter filed with the Court to all other parties in the case.

You must provide a copy of any letter you file to the Court to all the other parties in the case.

CRITICAL

Applies to

Inheritance tax pleadings and orders

Inheritance-tax pleadings and related orders must be served on the County Assessor.

All pleadings pertaining to the assessment or determination of the Indiana Inheritance Tax, including a Petition for Determination of No Tax Due, and any orders thereon shall be served upon the County Assessor.

CRITICAL

Applies to

Post dissolution pleading

Post-dissolution pleadings must be served on a party no longer represented by counsel under the Indiana Rules of Trial Procedure.

The service of any post dissolution pleadings upon any Party not represented by counsel pursuant to paragraph A above, shall be made upon that person pursuant to the Indiana Rules of Trial Procedure.

CRITICAL

Applies to

Notice

The required notice must be submitted to the opposing party at the time the summary judgment motion is filed.

In all Civil Collection (CC) cases, the moving party shall submit a Notice to the opposing party at the time of filing of a Motion for Summary Judgment against a self-represented party.

CRITICAL

Applies to

Account

For a hearing on an Estate or Guardianship account, a copy of the account must be served with the hearing notice.

In a hearing on an account in an Estate or Guardianship, a copy of the account must be served with the notice of hearing.

WARNING

Service

Email to court

Any document filed pursuant to Indiana Trial Rule 5(F)(3) within five (5) days of a scheduled hearing which is relevant to, pertains to, or involves the subject matter of the hearing should also be provided to the Court through electronic mail, as set forth above in LR41-TR5-114(J).

Any document filed pursuant to Indiana Trial Rule 5(F)(3) within five (5) days of a scheduled hearing which is relevant to, pertains to, or involves the subject matter of the hearing should also be provided to the Court through electronic mail, as set forth above in LR41-TR5-114(J).