Morgan County Courts, Indiana Service and Proof of Service Rules

CRITICAL

After the appraiser's report is filed, the personal representative must notify all known interested persons, including the Department of State Revenue, of the hearing's time and place.

Upon the filing of the appraiser's report, the personal representative shall provide notice of the time and place of the hearing on the report to all persons known to be interested in the resident decedent's estate, including the Department of State Revenue.

CRITICAL

Service of the proceedings supplemental on the garnishee defendant is a prerequisite to issuance of a garnishment order.

(2) service on the garnishee defendant of the proceedings supplemental;

CRITICAL

Alternate-service consent remains valid until a written revocation is filed with the Clerk and copies are delivered to each of the Morgan Circuit and Superior Courts.

Consent to Alternate Service under this rule shall remain valid until a revocation in writing has been filed with the Clerk of the Morgan Circuit and Superior Courts, with copies of such revocation delivered to each of the Morgan Circuit and Superior Courts.

CRITICAL

Unless both parents agree in writing, a custody order may not issue without prior notice to both parents and/or the children’s guardians and an opportunity for a hearing.

Except as agreed in writing by both parents, an Order as to the custody of children shall not be issued by the Court without prior notice to both parents and/or guardians of the minor children and opportunity for a hearing.

CRITICAL

The attorney must provide adequate proof of service before bringing a matter to the Court.

It shall be the attorney's responsibility to provide adequate proof of service before bringing a matter to the Court.

CRITICAL

Service

Mail

The Summons may be served by certified mail, using the spouse’s correct address and not a P.O. Box.

The "Summons" will be served on your spouse, in person or by mail, informing your spouse you have filed for divorce. (c) Your spouse may be served either by certified mail or the sheriff. For service by certified mail you must provide the correct address of your spouse. (No P.O. Box)

CRITICAL

If a waiver is missing for an interested person, the personal representative must notify each person entitled to notice of the appraisal's time and place.

11.4 If a waiver is not filed for each interested person, the personal representative shall provide notice of the time and place of the appraisal to each person entitled to notice.

CRITICAL

An ex parte order excluding a party from the marital residence may issue only after an emergency hearing with evidence and notice and an opportunity to be heard, or when the parties separated before filing and the request states under oath that they maintain separate residences.

A temporary restraining order or protective order may be issued, ex parte, to exclude one of the parties from the marital residence only (1) after an emergency hearing whereby evidence is submitted as to the necessity of an immediate eviction from the marital residence of one of the parties and the party to be removed has received notice of hearing and an opportunity to be heard by the Court, or (2) where the parties have already physically separated prior to the initial filing of the action and the party requesting such an order sets forth, under oath, that the parties are maintaining separate residences at the time of filing.

CRITICAL

The written address-change notification must be served on the other parties in each affected cause or their attorneys of record.

Such notification shall be in writing filed separately for each cause to which the change applies and served upon other parties to each cause or their attorneys of record.

CRITICAL

Service

Mail

A party using certified mail to serve notice or establish a filing date must ensure the envelope’s postmark shows the mailing date.

When using certified mail to serve notice or establish date of filing, the mailing party shall ensure that the mailing date appears in the postmark on the envelope.

CRITICAL

Service

Mail

Notice of an estate opening must be sent by First Class United States Mail to all known creditors.

Notice of the opening of an estate shall be sent by First Class United States Mail to all known creditors.

CRITICAL

Applies to

Court order

If the Court determines that no Inheritance Tax Schedule must be filed, a copy of its order must be served on the local representative of the Indiana Department of Revenue's Inheritance Tax Division.

9.1 If the Court determines that no Inheritance Tax Schedule is required to be filed, a copy of the Court's order shall be served on the local representative of the Inheritance Tax Division of the Indiana Department of Revenue.

CRITICAL

A body attachment may issue only if the person was personally served with notice of a contempt hearing and the judgment creditor provides the judgment debtor’s required identifying information.

Body attachment shall be issued only when the judgment debtor or garnishee defendant previously ordered to appear for a scheduled hearing was personally served with notice of a contempt hearing and the judgment creditor provides to the Court the judgment debtor’s required identifying information described above.

CRITICAL

Notice of the fiduciary's action on each claim must be sent to the claimant.

Written notice of such action shall be filed with the Court and notice sent to the claimant..

CRITICAL

Copies of a continuance request must be served on opposing counsel or an unrepresented opposing party unless the Court directs otherwise.

with copies of such request served upon opposing counsel (or party, if not represented by counsel) unless the Court directs otherwise.

CRITICAL

Applies to

Petition

Copies of a petition must be sent with hearing notices when the hearing concerns matters contained in that petition.

Copies of petitions shall be sent with all notices of hearings if the hearing arises from the matters contained in the petition.

CRITICAL

Service

Personal service

The Summons may be served by the sheriff, and the filer must provide the spouse’s proper address and county of residence.

The "Summons" will be served on your spouse, in person or by mail, informing your spouse you have filed for divorce. (c) Your spouse may be served either by certified mail or the sheriff. For service by certified mail you must provide the correct address of your spouse. (No P.O. Box) For service by the sheriff, you must provide the proper address and county in which your spouse lives.

CRITICAL

Service

Mail

For requested service by certified or registered mail, the party must prepare the certifications or envelopes, provide the Clerk with the required prepared documents, and furnish the return-receipt request card.

When service by certified or registered mail is requested, the party shall prepare the certification or envelopes, and shall furnish the number of prepared summons, complaints, notices or subpoenas to the Clerk. A certified or registered return receipt request card will be furnished by the party.

CRITICAL

Deposits of specified papers and communications in an assigned courthouse box count as service equivalent to first-class mail under Trial Rule 6(E).

Deposits made in any assigned box of notices, pleadings, process, orders, or other communications made shall be deemed to constitute and be accepted as service equivalent to service by first class mail under Trial Rule 6(E).

CRITICAL

The judgment creditor must forward a copy of the garnishment-release order to the garnishee defendant or defendants.

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

CRITICAL

Applies to

Return of service

Anyone requesting service of a pleading, order, notice, or subpoena must prepare a return of service using the prescribed form or a substantially equivalent form.

all persons shall, when requesting service of any pleading, order, notice or subpoena, prepare a return of service of process in the format set forth below, or in the alternative a form for return of service of process which contains spaces for substantially the same information regarding service.

CRITICAL

When publication or written-mail notice is required, the attorney must ensure publication or service by certified mail, return receipt requested.

Whenever notice by publication 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 or served by certified mail, return receipt requested.

CRITICAL

For a hearing on whether an estate is insolvent, notice must be served on all interested parties, including all claimants.

If a hearing is to be held on a Petition to determine if an Estate is insolvent, notice shall be served on all interested parties, including all claimants.

CRITICAL

Petitioner's attorney must ensure that both parties receive a signed decree and, if applicable, property settlement agreement, in person or by regular mail to the last known address, except when the respondent is represented by counsel.

Petitioner's attorney shall be responsible for ensuring that a signed copy of the Decree (and Property Settlement Agreement where applicable) is delivered to both parties, either in person or by regular mail to last known address, except in such cases where the Respondent is represented by counsel.

CRITICAL

Papers served under the alternate-service rule by the Court, Clerk, or other attorneys must be placed in the recipient attorney’s or firm’s assigned courthouse box.

Any papers served under this rule by the Court, Clerk, or other attorneys or firm of attorneys shall be placed in the attorney or firm's assigned courthouse box.

WARNING

An attorney or firm with a Morgan County office may maintain an assigned courthouse box for specified communications only after filing written consent to alternate service with the Clerk.

Any attorney or firm of attorneys with offices in Morgan County may, without charge, maintain an assigned Courthouse box in the office of the Clerk of Morgan County for receipt of notices, pleadings, process, orders, or other communications from the Morgan Circuit and Superior Courts, the Clerk, as to matters with the Morgan Circuit and Superior Courts, and other attorneys and law firms. Such Courthouse boxes shall be assigned only after such attorney or firm of attorneys have filed with the Clerk of the Morgan Circuit and Superior Courts a written consent to Alternate Service.

WARNING

Upon failure of a judgment debtor or garnishee defendant to appear as ordered for a scheduled hearing, and if the record reflects that the judgment debtor or garnishee defendant was served with notice of the hearing in conformance with Trial Rule 4.1, 4.3, 4.11, or 4.12, the Court may issue a Body Attachment as to said person.

Upon failure of a judgment debtor or garnishee defendant to appear as ordered for a scheduled hearing, and if the record reflects that the judgment debtor or garnishee defendant was served with notice of the hearing in conformance with Trial Rule 4.1, 4.3, 4.11, or 4.12, the Court may issue a Body Attachment as to said person.

WARNING

Service

Mail

A person who completed service by mailing may use the form to certify that the order was mailed first class to the person to be served.

For use by person who completed service by mailing, if different than process server making return above. [ ] I certify that I mailed a copy of the above order to the person to be served, first class mail on the day of , 20 [ ] or at the address stated on the face of the document.

INFO

Service

Mail

Certified mail, return receipt requested, is recommended for notices of an estate opening to known creditors.

However, the use of certified mail, return receipt requested, is recommended for such notices.