Madison County Courts, Indiana Service and Proof of Service Rules

CRITICAL

When publication or written notice by U.S. Mail is required, the attorney must prepare and properly publish or serve the notice, ensure statutory compliance, and provide adequate proof of service before bringing the matter to the Court.

Whenever notice by publication and/or written notice 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 mail. In all respects, the notice shall comply with all statutory requirements. 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

Applies to

Pleading or paper

After a Special Judge qualifies, counsel must mail or deliver a copy of each subsequent pleading or paper to that Judge’s office and indicate service on the certificate of service.

A copy of each pleading or each paper filed with the Court after a Special Judge has qualified shall be mailed or delivered by counsel to the office of that Special Judge with service to that Special Judge indicated on the certificate of service.

CRITICAL

When filing an expungement petition, the petitioner must direct service of a summons with the petition attached on the Madison County Prosecuting Attorney, except that the court issues the summons for petitions under Ind. Code 35-38-9-1.

Upon filing a Petition to Expunge, the Petitioner shall direct a summons to be served upon the Madison County Prosecuting Attorney with a copy of the petition attached, other than a Petition to Expunge filed pursuant to Ind. Code 35-38-9-1 in which case the court issues the summons to the prosecuting attorney.

CRITICAL

A party offering biologically contaminated evidence must serve all parties with the pretrial notice.

A party who offers 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

CRITICAL

An attorney must give the party ten days’ written notice of the intention to seek permission to withdraw.

The attorney shall give the party ten (10) day written notice of the attorney’s intention to seek permission to withdraw.

CRITICAL

Service

Mail

For certified-mail service, an attorney or pro se litigant must provide a typed certified-mail card and envelope for each litigant.

For service by certified mail, the attorney, or litigant pro se, shall provide a typed certified mail card and envelope for each litigant.

CRITICAL

Applies to

Estate or guardianship account

Copies of an estate or guardianship account, including a final account in a supervised estate, 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

After initiating a lawsuit, being served, intervening, or otherwise appearing, a party must keep the Court and other parties advised of changes to its residential or legally designated service address until the stated termination condition applies.

After a party has initiated a lawsuit, been served process, intervened or otherwise appeared as a party to an action, that party has an ongoing obligation to keep the Court and other parties advised of any change in that party’s residential address or other address provided by law as appropriate for service of process. This obligation continues until such time as that party is dismissed from the action, the litigation is concluded without a judgment against that party, or until any judgment entered against the party is satisfied or released.

CRITICAL

Service

Personal service to court

A pleading or motion filed less than five days before a scheduled hearing must be personally served on the presiding Judge.

A copy of any pleading or motion filed less than five days before a scheduled hearing shall be served personally upon the presiding Judge of the case.

WARNING

Service

Mail

Notice of an estate’s opening must be sent by First Class U.S. Mail to reasonably ascertainable creditors; certified mail with return receipt requested is recommended.

Notice of the opening of an estate shall be sent by First Class United States Mail to all reasonably ascertainable creditors; however, the use of “certified mail, return receipt requested,” to serve such notice is recommended.

WARNING

If the proposed order includes the distribution list and addresses, the court reporter forwards the signed order to the Clerk’s office for mailing to non-party distributes; otherwise, the reporter distributes it electronically to parties and the party seeking the order must distribute it further to non-parties.

When such distribution list and addresses are included in the proposed order, the court reporter is responsible to forward the signed order to the Clerk’s office to be mailed to all non-party distributes. If such distribution list and addresses are not included in the proposed order, the court reporter shall distribute the order electronically to parties, and the party seeking the order shall be responsible for further distribution to non-parties.

WARNING

The failure to notify a subpoenaed witness that a cause has been continued or settled may result in an assessment of mileage and costs against counsel responsible for the failure.

The failure to notify a subpoenaed witness that a cause has been continued or settled may result in an assessment of mileage and costs against counsel responsible for the failure.

INFO

The Court may, in its discretion, allow notice of an insolvency-petition hearing to be served on all interested parties.

Notice of the hearing to be held on a Petition to determine an estate insolvent may be served on all interested parties, at the discretion of the Court.