Monroe County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Applies to

Supporting documents

At the initial exchange, each party must attach reasonably available supporting information, excluding material that must be subpoenaed or is held by the other party.

For the purpose of providing a full and complete verification of assets, liabilities, and values, at the time of the initial exchange, each party shall attach the supporting information that is reasonably available. “Reasonably available” means material that may be obtained by letter accompanied with an authorization, but does not mean material that must be subpoenaed, or is in the possession of the other party.

CRITICAL

A guardian seeking to revoke a valid power of attorney must obtain Court approval after a hearing and notice to the attorney in fact.

A guardian seeking to revoke a valid power of attorney must obtain Court approval which can be granted only after hearing and notice to the attorney in fact.

CRITICAL

Applies to

Motion to continue

A Motion to Continue must be served to be considered by the court.

The court will consider written, signed, and served Motions to Continue if a good reason is provided for the delay.

CRITICAL

Proceedings supplemental must comply with the 21-to-45-day service requirements; the Clerk executes the order to appear, enters the data, issues service, and sends the file to the Court.

The Clerk will set all proceedings supplemental complying with the 21 to 45 day service requirements. The Clerk will execute the order to appear, input data into Odyssey Case Management System, issue the service and send the file to the Court.

CRITICAL

Applies to

Motion seeking judicial action in three days or less

A motion seeking action in three days or less must be served on opposing parties by fax, email, or personal service, and the filer must notify the other parties by telephone when delivering it to the court.

A motion seeking judicial action in three days or less shall be served on opposing parties by FAX, email, or personal service. The attorney or party filing of such a motion shall also inform the other parties of the filing by telephone at the time the motion is delivered to the court.

CRITICAL

A communication to the court outside the courtroom must be served on all other parties.

Any matter communicated to the court outside of the courtroom must be in writing, signed, and served on all other parties to the case.

CRITICAL

Applies to

Pretrial notice

A party intending to offer biologically contaminated evidence must serve all parties so the court can consider the issue 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

Applies to

Financial inventory or declaration

The form must be supplemented if additional material becomes available.

Additionally, pursuant to Indiana Trial Rule 26(E)(2) and (3), the form must be supplemented if additional material becomes available.

CRITICAL

Applies to

Updated financial inventory or declaration

A party who discovers previously unexchanged information after exchanging a verified form must informally update the other party as quickly as feasible and provide an updated, verified form as soon as practical.

If, after a party has exchanged a verified Inventory or Declaration, that party discovers information not previously exchanged, that party shall A) informally provide such updates to the other party as quickly as feasible and B) provide an updated and verified form as soon thereafter as practical to the other party.

CRITICAL

For a debtor’s first Contempt Hearing in a case, service must be provided by the Sheriff.

For a Debtor’s first Contempt Hearing on a case, the Court shall have service provided by Sheriff.

CRITICAL

Applies to

Motion to permit discovery

A Motion to Permit Discovery must be served.

Upon a written, signed, and served Motion to Permit Discovery, and in accordance with Indiana Small Claims Rules, the court may grant an order permitting discovery, which would then proceed as per the Indiana Rules of Trial Procedure and any applicable local rules.

CRITICAL

The filer must certify in writing that the communication was sent to all parties, stating the date, method, and exact address used, and including an email address or fax number when applicable.

The person filing the communication shall certify in writing that they have sent a copy of the communication to all parties, including the date it was sent to each other party, the method of sending, and the exact address it was sent to. If that party accepts or the court has approved email service or fax service, then the certification shall include the email address or fax number.

CRITICAL

Notice to the alleged incapacitated person or, if known, the duly appointed attorney-in-fact is required before appointment of an adult guardian or entry of a protective order, unless verified allegations establish the specified risk from delay.

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.

CRITICAL

Service

Personal service

For a debtor’s second or subsequent Contempt Hearing in a case, the creditor must personally serve the debtor as required by Trial Rule 64(A)(2)(a).

For a Debtor’s second or subsequent Contempt Hearing on a case, the Creditor shall serve the Debtor personally (according to the requirements of Trial Rule 64(A)(2)(a)).

CRITICAL

Applies to

Financial inventory or declaration

The parties must exchange a completed financial form at least seven days before mediation or a final hearing; the State of Indiana is exempt when it is a party for child support purposes, and no court order is required.

In a dissolution of marriage or legal separation case, both parties must complete one of the Financial Inventory or Financial Declaration attached at Appendix E and F and shall exchange at least seven (7) days prior to any mediation or final hearing. Additionally, either party may request completion through discovery, and discovery deadlines would apply. The State of Indiana, when it is a party for child support purposes, is exempted from this requirement. No court order for such exchange shall be required.

CRITICAL

An attorney with a Justice Building Court Services mailbox consents to service there, equivalent to U.S. mail; when conventional filing or Trial Rule 87(B)(2) permits, service is made by mailbox deposit if consent is on file with Court Services.

An attorney who has a mailbox in the Justice Building Court Services office consents to service of pleadings to that mailbox. Such service shall be deemed equivalent to service by United States mail. If conventional filing is permitted or if otherwise permitted by Trial Rule 87(B)(2) on a case, service shall be accomplished by deposit in the attorney’s courthouse mailboxes provided consent to such service is on file with Court Services. An attorney who has a mailbox in the Justice Building Court Services office consents to service of pleadings to that mailbox. Such service shall be deemed equivalent to service by United States mail.

CRITICAL

Upon request, probation officers must provide defense counsel and the Prosecutor a copy of substance testing results for any test alleged in a PTR, NNC, or court-filed memo.

Probation officers shall provide a copy of substance testing results, upon request, to defense counsel and the Prosecutor for any test alleged in a PTR, NNC, or memo filed with the Court.

WARNING

For small claims, the Clerk issues service before sending the file to the Court.

The Clerk will enter the case electronically and issue the service before sending the file to the Court.

WARNING

Applies to

Appraisal

Appraisals are not required, but any appraisal obtained must be exchanged.

Appraisals of real estate and pensions, or of personal property such as jewelry, antiques, or special collections (i.e., stamps, coins, or guns), are not required. However, once an appraisal is obtained, it must be exchanged.