Marion Superior Court Service and Proof of Service Rules

Before withdrawal is permitted, the attorney must provide the client ten days’ written notice, file a copy with the court, and supply the party’s last known address, unless new counsel simultaneously enters an appearance.

Permission to withdraw shall be given only after the withdrawing attorney has given his client ten days written notice of his intention to withdraw, has filed a copy of such with the Court; and has provided the Court with the party’s last known address; or upon a simultaneous entering of appearance by new counsel for said client.

Applies to

Motion

Serving the motion on the other parties constitutes notice of filing when notice is required.

When a motion requires notice, the serving of the copy of the motion upon the other parties in the cause shall constitute notice of filing.

Deadline

7 calendar days

Applies to

Notice of hearing

In dissolution and paternity matters, the moving party or counsel must serve notice of the hearing or trial at least seven days before trial and file a copy with the court by the trial date.

B. Notice in Dissolution and Paternity Matters. In all dissolution or paternity matters, the Moving party or their counsel shall give notice of the time and place of the hearing or trial by subpoena, notice of hearing or letter, served upon the adverse party at least seven days prior to the trial date and file a copy of said notice with the Court on or prior to the trial date.

Applies to

Motion to correct error

A party filing a motion to correct error must also serve the magistrate or commissioner when that judicial officer recommended and signed the final judgment or appealable final order at issue.

In addition to serving the judge with a separate copy of motion to correct error pursuant to Ind.Trial Rule 59(C), parties filing motion to correct errors shall also serve the Magistrate or Commissioner with a copy of the motion to correct error if a Magistrate or Commissioner recommended and signed the final judgment or appealable final order at issue.

The appearance form must be served on all parties and counsel.

This appearance form has been served on all parties and/or counsel.

The moving party must submit proof of service whenever notice of a hearing or trial is given, except when the court schedules the hearing or trial on its own motion.

Whenever notice of any hearing or trial is given, it is the responsibility of the moving party to submit proof of service. If the Court issues an order or notice on its own motion to schedule a hearing or trial, the Court will choose the appropriate means of making and confirming service, and the preceding sentence will not apply.

Copies of the motion or petition must be served with every notice of hearing.

Copies of the subject motion or petition must be served with all notices of hearing.

Copies of any estate or guardianship account, including a final account in a supervised estate, must be served with the notice of hearing.

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 notice of hearing.

An adult guardian may not be appointed and a protective order may not be entered without notice to the alleged incapacitated person or known duly appointed attorney-in-fact, except on verified allegations of immediate and irreparable injury or property loss or damage.

Consistent with I.C. § 29-3-3-4(a) and (b), no guardian of an adult shall be appointed or protective order entered without notice to the alleged incapacitated person or to his duly appointed attorney-in-fact (if known), except upon verified allegations that delay may result in immediate and irreparable injury to the alleged incapacitated person or loss or damage to property.

The fiduciary and financial institution must promptly notify the court in writing if principal or interest is withdrawn without court authorization.

The fiduciary and the financial institution shall both promptly notify the Court in writing in the event that any principal or interest is withdrawn from the account without Court authorization.

Applies to

Petition to docket trust

The Petition to Docket Trust must be promptly served on the trust’s current trustee.

A Petition to Docket Trust shall be forthwith served upon the current Trustee of the trust

Applies to

Trust beneficiary notice

The trustee must serve the petitioner with the beneficiary notice at the same time the notice is filed with the court.

The Trustee shall file with the Court written notice of the name and address of each beneficiary of the trust known to the Trustee and shall serve the Petitioner with the notice at that same time.

Applies to

Additional pleadings and notice of hearing

All additional pleadings and notices of hearing must be served on all trust beneficiaries regardless of whether their interests are present, future, vested, or contingent, unless an applicable written waiver or consent applies.

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, unless such beneficiaries have signed in advance or are bound by a proper written waiver of service, a written waiver of notice of hearing, a written waiver of necessity for a hearing, or a written consent to the relief requested.

Applies to

Notice of possible non compliance

Service

Mail to all parties

The Notice of Possible Non-Compliance must include a certificate of service documenting service by first-class United States mail, postage prepaid, on the fiduciary, beneficiary, and creditor.

CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing was served upon the following by first class, United States mail, postage prepaid, this _____day of _______, 2_____: Fiduciary Address Beneficiary Address Creditor Address

Applies to

Order to appear for compliance hearing

Service

Mail

The Clerk must mail the compliance-hearing order to the personal representative or guardian, counsel, protected person, heirs or beneficiaries, and creditors.

The Clerk is hereby directed to mail a copy of this Order to the personal representative/guardian, their attorney, the protected person and all heirs/beneficiaries and creditors.

The guardian must provide the inventory to a protected person age 14 or older and to the other persons specified by Indiana Code §29-3-9-5.

You must provide a copy of the inventory to the protected person (if over fourteen (14) years of age) and to certain other persons as set out in Indiana Code §29-3-9-5.

Service

Personal service

A bench warrant generally requires personal service on the adverse party and a completed information sheet, although the court may use copy service with sworn proof of actual notice.

D. Bench Warrant. In order to obtain a bench warrant from the court, a party must have personal service on the adverse party and complete a bench warrant information sheet. The court may issue a bench warrant on copy service with sworn testimony confirming actual notice to the adverse party.

At least seven days before a family-law hearing or trial, the moving party must serve notice stating the time, place, and possibility of deciding the matter in the party's absence; proof of service by certified mail or sheriff is generally required.

A. Notice. In all relevant family law matters, the moving party shall give notice of the time, place of the hearing or trial and that matters may be heard and determined in a party’s absence, by summons, subpoena, order to appear, notice of hearing, served upon the adverse party at least seven days prior to the hearing or trial and file a copy of the notice with the Court. Proof of service by certified mail or sheriff is generally required.

Applies to

Financial declaration form

The respondent must receive a blank Financial Declaration Form with the summons or order to appear and file the completed form within 30 days of receipt or at least seven days before the hearing, whichever is sooner.

A blank form shall be served upon the responding party with the summons or order to appear instructing the respondent to complete, serve and file the form within 30 days of receipt or at least seven days prior to any hearing, whichever is sooner.

Pleadings in post-dissolution or paternity-decree actions must be served upon the party in accordance with the Indiana Rules of Trial Procedure.

Service of process of any post dissolution or paternity decree pleadings shall be made upon the party pursuant to Indiana Rules of Trial Procedure.

Applies to

Summons and complaint

The prescribed File & ServeXpress initial notice must accompany every summons and complaint in a mass tort docket case.

The following Notice shall be served with each Summons and Complaint in all cases assigned to the Marion County Mass Tort Litigation Docket:

Applies to

Notice of appearance

Service

Electronic service

Every attorney filing an appearance must also join the Master Docket service list.

Every attorney who files an appearance in a case must also add themselves to the Master Docket (95-000) service list.

Service

Publication

Depositions must be published without a motion only through File & ServeXpress Deposition Docket 98-000.

A. Depositions. Publication of depositions, pursuant to T.R. 5(E)(5), shall be made, without Motion, on the File & ServeXpress Deposition Docket (98-000) only.

Service

Electronic service

Court filings, discovery, case materials, and communications may be served through File & ServeXpress; nonpublic Administrative Rule 9 documents must use “Serve Only – Private,” while all others must use “Serve Only – Public.”

Service of all court filings, discovery, or other case materials or communications may be served using File & ServeXpress as authorized by the Supreme Court. Documents filed not for public access pursuant to Administrative Rule 9 must be served using the “Serve Only – Private” option. All other documents must be served using the “Serve Only – Public” option.

Applies to

Court notifications

Service

Court service to court

Court notifications concerning non-case-specific mass tort matters must be served only through the Master Docket.

The Master Docket is the only method of service for Court notifications relating to non-case specific mass tort matters.

Applies to

Deposition transcripts

Service

Court service

Counsel must serve the entirety of previously unserved deposition transcripts relied on for summary judgment on the Deposition Docket under Rule 603(A).

2. Counsel shall serve any deposition transcripts, not previously served on File & ServeXpress, but relied upon for purposes of summary judgment, in their entirety on the Deposition Docket, as provided in Rule 603(A).

Deadline

20 calendar days

Applies to

Notice of deposition

A party with a good-faith belief that a de bene esse videotaped deposition is necessary must provide the listed information to defendants at least 20 days before the deposition date.

If a party has a good faith belief that the health and medical condition of their client or a witness requires that a videotaped deposition de bene esse be taken of such witness, they shall provide to defendants not less than 20 days prior to the date set for such deposition, the following information:

At least seven days before a scheduled identification-witness deposition, Plaintiff must serve Defendants with notice identifying the plaintiffs for whom the witness will testify and the defendants against whom the witness is offered.

At least seven days prior to the scheduled deposition of a Plaintiff, coworker, or other identification witness, Plaintiff shall serve Defendants with a notice containing the names of each Plaintiff for whom the witness will be called to testify and against which Defendants the witness is offered.

Defendants must serve existing case-related expert reports and reliance materials by the Expert Witness List deadline.

Defendants shall also by this date serve copies of any existing expert reports prepared in connection with these cases, if any, and reliance materials.

Applies to

Statement of special damages

Plaintiffs must serve an updated statement of special damages and a list of settled defendants by the stated pretrial deadline.

Plaintiffs are to serve an updated statement of special damages and list of settled defendants.

Applies to

Trial brief

Service

Electronic service

The trial brief must be delivered to Court personnel rather than served on other parties through File & ServeXpress.

The trial brief shall be delivered to Court personnel and shall not be served on other parties using File & ServeXpress.

Deadline

20 calendar days

Service generally must be completed at least 20 days before the initial hearing, except when possession of real estate is sought.

Service shall be effected no fewer than twenty (20) days before the initial hearing, except when possession of real estate is sought.

Deadline

10 calendar days

In cases seeking possession of real estate, service generally must be completed at least 10 days before the initial hearing, subject to the cited statutory exceptions.

When possession of real estate is sought, service shall be effected no fewer than ten (10) days before the initial hearing, except in those instances consistent with Ind. Code § 32-30-3-4 and § 32-31-6-7.

Proof of service on opposing counsel may be made by either a counsel-signed certificate of service or an acknowledgment of service signed by the served party or counsel.

In all cases where any pleading or other document is required to be served upon opposing counsel, proof of such service may be made either by:

Applies to

Petition

A guardian seeking to sever jointly owned property must file a petition and provide notice to all co-owners, although the court may waive the advance petition or notice requirements when the property value is nominal or de minimis relative to the time and cost.

410.2 Petitions to Sever Jointly Owned Property. If a guardian seeks under I.C. §29-3-8-6.5 to sever title to title to property jointly owned by the protected person and another, the guardian shall file a petition with the Court, with notice to all co-owners of the jointly held property interest. The Court may approve any petition under this MSCPR 410.2 without a hearing, and upon a showing by the guardian that the total value of the jointly-titled property to be severed is nominal or is de minimis in comparison to the time and cost of a petition or providing notice to all co-owners, the Court may waive the requirements of the preceding sentence regarding an advance petition or notice to co-owners or both.

Unless a non-custodial parent provides the court with a written waiver and consent, the parent has the right to attend the evidentiary hearing and must receive notice of it.

unless a written waiver and consent is provided to the Court, a non-custodial parent of the minor has the right to attend the hearing and must be provided with notice of the hearing.

Service

Electronic service

Counsel must establish a File & ServeXpress administrator and maintain Internet access, an email account, and a username and password to serve and receive documents electronically.

Counsel must contact File & ServeXpress to establish an administrator who will register and receive user names and passwords for appearing counsel and their staff. All counsel must have Internet connectivity and an e-mail account. A File & ServeXpress user name and password is necessary to serve pleadings or other documents, as well as receive electronic notice of documents served.

Applies to

Deposition

A new deposition must be served to Docket 98-000 before it is cited by the newly assigned TID.

If the deposition to which a party intends to cite does not appear in the 98 -000 depository, parties shall serve the new deposition to the depository first then cite appropriately to the TID newly assigned to the deposition.

A previously served File & ServeXpress document should not be attached to a new document or served again and should instead be identified by its TID, document title, cause number, and submission date.

B. Previously Served Documents. Any document already served using File & ServeXpress should not be attached to new documents or re-served to File & ServeXpress. Reference shall be made to the File & ServeXpress TID, the Document Title, the cause number, and the date submitted.

Service

Electronic service

Each distinct document should be served separately through File & ServeXpress, with the first document designated as the main document and supporting documents limited to materials related to that main document.

d. Main and Supporting Documents. Each distinct document should be served on File & ServeXpress separately, as a main or supporting document. “Main” is the default setting for the first document served on File & ServeXpress in each transaction. “Supporting” documents may be served, but are restricted to only those documents that relate to the main document served in the transaction. File & ServeXpress does not restrict the number of supporting documents.

Testimony concerning an unnotified product or job site may be used against a defendant only after that defendant receives proper notice and an opportunity to re-depose the witness concerning the relevant products, job sites, or work.

Plaintiff may be allowed to utilize such testimony, however, upon giving those defendants, who were only identified by such witness subsequent to the issuance of the original notice of deposition, proper notice and a chance to re-depose this witness as to issues regarding their products, job sites, or work at issue.

In an emergency, the Court may reduce the service period below 10 days, but failure to pay rent is not an emergency under the cited statute.

In emergency situations, the Court may reduce the Timeliness of Service requirement to a period of time less than ten (10) days. Consistent with Ind. Code § 32-31-6-7, failure to pay rent is not considered an emergency situation.

Applies to

Notice of claim

Service

Mail

When an unrepresented litigant does not designate a service preference, the Notice of Claim and Summons must be served by certified mail.

At the time of filing a claim, the Clerk shall explain to unrepresented litigants their options for serving the Notice of Claim and Summons. Should the litigant fail to designate a preference, service shall be by certified mail.

Applies to

Subpoena

Service

Personal service

A subpoena may be served on a law enforcement officer at the officer's workplace by leaving a copy with the department's supervising official, who must immediately deliver it to the officer; this method constitutes valid service on the officer.

Service of a subpoena may be made upon a law enforcement officer, by delivering the subpoena to the officer's place of employment. A copy of the subpoena shall be left with the official in charge of the department. It shall be the duty of the official to immediately deliver the subpoena to the officer being served. Service in this manner shall be deemed service on the officer.

Service

Electronic service

Parties may electronically serve filed documents through File & ServeXpress and should select “Serve Only – Public.”

The Indiana Supreme Court through its Office of Judicial Administration has authorized Parties to continue to use File & ServeXpress for electronic service and storage of documents. Using File & ServeXpress for service of filed documents will maintain complete case histories for each case as well as the master and deposition dockets. Parties should select “Serve Only – Public” to serve documents on File & ServeXpress.

Service

Electronic service

All service required by Indiana Trial Rule 5 and other required documents may be served electronically through File & ServeXpress.

The Indiana Supreme Court Office of Judicial Administration has authorized that all service required by Ind. Trial Rule 5 and other required documents may be served using File & ServeXpress. File & ServeXpress is an electronic, web-based service system.

Applies to

Discovery

Plaintiff may serve the Master Set of Interrogatories and Production Requests by letter identifying the assigned File & ServeXpress TID number; one letter may serve all defendants, and discovery is deemed served on a defendant served before that defendant appears.

Plaintiff may serve the Master Set of Interrogatories and/or Production Requests by letter, which must specifically reference the File & ServeXpress TID number assigned to the document containing the discovery requests being served. A single service letter to all defendants may be served and applies to all defendants, regardless of time of filing their appearance. If plaintiff serves all defendants by letter prior to the appearance of a defendant, the discovery shall be deemed served on the defendant.

Applies to

Discovery

Defendants may serve Master Discovery by letter identifying the TID number assigned to the document containing the discovery requests.

Defendants may serve Master Discovery by letter, which must specifically reference the TID number assigned to the document containing the discovery requests being served.

A party may videotape a deposition only after providing advance written notice under Indiana Rule of Trial Procedure 30(B)(4).

Any party may videotape a deposition taken in a case subject to these Local Rules after providing advanced written notice pursuant to Ind. R. Trial P. 30(B)(4).