Porter County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Should a landlord request a continuance of the possession hearing, the landlord must serve new notice to the tenant of the possession hearing.

Should a landlord request a continuance of the possession hearing, the landlord must serve new notice to the tenant of the possession hearing.

CRITICAL

Applies to

Financial declaration forms

If a Petition for Modification or Petition for Rule to Show Cause addresses the parties’ financial obligations, the parties must exchange Financial Declaration Forms and supporting exhibits within 30 days after it is filed.

and within thirty (30) days from the date that a Petition for Modification or Petition for Rule to Show Cause is filed, provided said petitions address the financial obligations of the parties, i.e. child support, including but not limited to, educational expenses or the payment of marital debt.

CRITICAL

Applies to

Petition

Copies of petitions must accompany notices for hearings arising from matters contained in the petition.

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

CRITICAL

Applies to

Garnishment release order

After receiving enough money to satisfy the judgment, interest, and costs, the judgment creditor must immediately obtain an order releasing the garnishment and forward a copy to the garnishee-defendant.

Upon receipt by the judgment creditor, or by the Clerk on the judgment creditor's behalf, of monies sufficient to fully satisfy the judgment, and any accrued interest and costs, the judgment creditor shall immediately obtain a Court order releasing the applicable Garnishment Order and shall forward a copy to the garnishee-defendant.

CRITICAL

A copy of the supporting brief or memorandum must be promptly served on the opposing party.

a copy shall be promptly served upon the opposing party.

CRITICAL

When taking judicial notice of an order, the court must provide a copy; when taking notice of a CCS or CCS entry, it must provide the entire CCS and provide the order or CCS to the parties at or before judicial notice is taken.

Procedurally, if a court takes judicial notice of: (1) a court order, the court shall provide a copy of that order; or (2) a CCS or CCS entry(s), the court shall provide a copy of the entire CCS, the court shall provide copies of the order or CCS to the parties to the case at or before the time judicial notice is taken.

CRITICAL

Applies to

Entry form

A copy of the entry form must be served on all counsel of record when the entry is an appearance of counsel or sets a court hearing date.

A copy of the entry form of the filing shall also be served on all counsel of record whenever the entry is the appearance of counsel or contains a setting for a Court hearing date.

CRITICAL

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

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

CRITICAL

If the worksheet is not attached to the Financial Declaration Form, exchange it with opposing counsel within 10 days of receiving the other party’s Financial Declaration Form.

You must attach a Child Support Guideline Worksheet to your Financial Declaration Form or one must be exchanged with the opposing party/counsel within 10 days of receipt of the other parties= Financial Declaration Form.

CRITICAL

Unless the landlord files the specified pleading and bond, the tenant must be served notice of the possession hearing at least ten days beforehand.

Unless the landlord shall file the pleading and bond set forth in I.C. 32-6-1.5-1, et seq., notice of the possession hearing shall be served on a tenant not less than ten (10) days prior to the possession hearing.

CRITICAL

Service

Mail

If the plaintiff proceeds after inadequate notice, the Clerk must mail the defendant notice of a new hearing setting to the address where service was obtained, with the notice and hearing set to comply with T.R. 6 and S.C. 2.

If the Plaintiff wishes to proceed, the Clerk shall notify the Defendant of a new calendar setting by first class mail to the address at which service was obtained. Such notice is sufficient if said notice is sent and the hearing set so as to comply with T.R. 6 and S.C. 2.

CRITICAL

Applies to

Body attachment

For the prior-order-and-failure-to-appear basis for a body attachment, the debtor or garnishee defendant must have been served with a contempt citation and failed to appear for the contempt hearing.

the judgment debtor or garnishee defendant previously ordered to appear for a scheduled hearing was served with a contempt citation and failed to appear for the contempt hearing

CRITICAL

Applies to

Continuance order

The Court or Clerk must distribute the order continuing trial to the parties.

the Court or Clerk shall distribute a copy of the order continuing trial to the parties.

CRITICAL

Applies to

Financial declaration form

When service has occurred but counsel has not appeared, the moving party must serve the completed Form on the other party and notify them of their duty to prepare and serve one.

In those cases where there is service but no appearance by counsel, it is the responsibility of the moving party to serve the completed Form on the other party and to notify that party of the duty to prepare and serve one as well.

CRITICAL

For a motion requiring notice, serving a copy of the motion on the other parties constitutes notice of filing.

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 same.

CRITICAL

A default judgment may be entered against a defendant who fails to appear if good service is proven.

Upon the failure of a Defendant to appear at any hearing or trial on the merits, with proof of good service, a default judgment may be entered.

CRITICAL

After sending a fax to the Court, the sender must serve all parties or counsel by fax or first-class U.S. mail and fax an acknowledgment of receipt and certificate of service to the Clerk or Court.

Upon sending a facsimile transmission to the Court, the sender shall serve it upon all parties or counsel or record by facsimile or First Class U.S. Mail and file an acknowledgement of receipt and Certificate of Service via facsimile to the Clerk or Court.

CRITICAL

Applies to

Filing required to be served under TR 5

A filing that must be served under T.R. 5 must be served on all counsel of record before filing or on the day it is filed.

Every filing required to be served by T.R. 5 shall be served on all counsel of record either before it is filed or on the day it is filed with the Court.

CRITICAL

Applies to

Report

If a hearing is set with less than 10 days' notice, the report must be provided to the Court and the listed recipients within 4 days of the hearing date and no later than 2 hours before the hearing.

If the hearing was set with less than 10 days notice then the report shall be provided to the Court and the above individuals within 4 days of the date of the hearing but no later than 2 hours prior to the hearing.

CRITICAL

The GAL must be notified of hearings, other proceedings, and actions taken on behalf of the children.

That the Guardian Ad Litem is now considered a party to this action and shall therefore be notified of any hearings, staffings, investigations, depositions, and/or other proceedings in this cause and shall be notified properly as to any action taken on behalf of the child(ren) by any party.

CRITICAL

The attorney must ensure required notice is properly published or served by certified mail with return receipt requested.

the attorney shall ensure that such notice is properly published and/or served by certified mail, return receipt requested.

CRITICAL

Before permission to withdraw, the attorney must give the client ten days' written notice and file a copy of that notice with the Court.

Permission to withdraw shall be given only after the withdrawing attorney has given the attorney's client ten (10) days written notice of the attorney's intention to withdraw and has filed a copy of such with the Court.

CRITICAL

When reasonably possible, worksheets must be delivered to the other party with the Financial Declaration Form; in all events, they must be delivered within ten days after receiving the other party's Form.

Further, the worksheet(s) shall, when reasonably possible, be delivered to the other party simultaneously with the Financial Declaration Form, but, in any event, within ten (10) days of receiving the other party's Form.

CRITICAL

The attorneys and self-represented litigants shall receive notice of the filing of the report and may inspect same upon notice to the Court.

The attorneys and self-represented litigants shall receive notice of the filing of the report and may inspect same upon notice to the Court.

CRITICAL

For a case involving a protection order or no-contact order, the initiating party must provide a legal-service address that does not expose the petitioner’s whereabouts.

(If Yes, the initiating party must provide an address for the purpose of legal service but that address should not be one that exposes the whereabouts of a petitioner.)

CRITICAL

The movant must notify opposing parties of every hearing scheduled on a motion.

It shall be the responsibility of the movant to give notice to opposing parties of all hearings scheduled on motions.

CRITICAL

Applies to

Interrogatories

Interrogatories to a party must be prepared in an original and two duplicates and served on the party required to answer.

(1) An original and two duplicates of all interrogatories to parties shall be prepared and served on the party required to answer.

CRITICAL

A plaintiff is not entitled to default when a defendant fails to appear at a covered hearing and the return of service shows less than ten days' notice.

Where the Court has received return of service which discloses less than ten (10) days notice to any Defendant of a hearing set pursuant to LR64-SC00-1200, and the Defendant fails to appear for said hearing, the Plaintiff shall not be entitled to entry of default.

CRITICAL

Applies to

Financial declaration forms

The parties must exchange Financial Declaration Forms and supporting exhibits within 45 days after a Petition for Dissolution of Marriage or Petition for Legal Separation is filed.

Financial Declaration Forms, complete with supporting exhibits, shall be exchanged between the parties within forty five (45) days from the date the Petition for Dissolution of Marriage or Petition for Legal Separation is filed

CRITICAL

When a case is assigned to Family Court, all parties must be notified.

Upon assignment of a case to Family Court, case management procedures shall be implemented, and all parties are to be notified.

CRITICAL

Within a reasonable time after assignment, the Court must provide all parties a list of the cases assigned to the Family Court proceeding.

Notice of Case Assignment: within a reasonable time after a case is assigned to Family Court: the Court shall provide to all parties in the Family Court proceeding a list of all cases that have been assigned to that Family Court proceeding.

CRITICAL

Service

Mail

When the State seeks to continue an infraction bench trial because the arresting officer is unavailable, it must notify the defendant at the last known address of the new date and file a certificate stating the document, address, and date of service.

If the State moves to continue an infraction bench trial due to the unavailability of the arresting officer, it shall follow the above mentioned rule by notifying the Defendant at his/her last known address of the new infraction bench trial date and file a Certificate of Service informing the Court that such document has been sent, to what address and on what date.

CRITICAL

The moving party must notify the other party of a motion to continue and serve notice of the motion.

The moving party must notify the other party of the continuance motion and serve notice thereon.

CRITICAL

The party or attorney obtaining a continuance must notify any opposing party in a timely fashion.

The party or attorney obtaining the continuance shall notify any opposing party in a timely fashion

CRITICAL

Applies to

Motion to reconsider

Service

Personal service to court

A motion to reconsider must be personally served on the judge who issued the ruling.

A motion to reconsider a ruling of the Court on any motion must be in writing and must be served personally upon the ruling Judge.

CRITICAL

Service

Mail

Notice of an estate opening must be sent by first-class U.S. mail to all readily ascertainable creditors.

Notice of the opening of an estate shall be sent by first class United States mail to all readily ascertainable creditors.

CRITICAL

Applies to

Monthly service provider report

Individuals and agencies providing services for a child or family subject to a Delinquency or CHINS Petition must provide reports at least monthly.

All Individuals and agencies providing service for a child or family that is the subject of a Delinquency or CHINS Petition shall provide at least monthly reports.

CRITICAL

Applies to

Proceeding supplemental

The proceeding supplemental must be served on the garnishee-defendant by one of the listed methods before a garnishment order may issue.

A Garnishment Order shall not issue with respect to a judgment debtor's wages or other property without: (1) an active proceeding supplemental as to the judgment debtor; (2) service on the garnishee-defendant of the proceeding supplemental by: (a) first-class mail, certified mail, or refusal thereof, (b) Sheriff's service, or; (c) private process server; and (3) return of answered interrogatories, other verification of employment by the garnishee-defendant, or failure to answer interrogatories after notice.

CRITICAL

The parties must exchange witness lists, photocopies of exhibits, contentions, and statements of factual and legal issues at least 30 days before the pre-trial conference.

The parties shall exchange written lists of witnesses and photocopies of exhibits, together with contentions and statements of issues of fact and law, at least thirty (30) days prior to the pre-trial conference.

CRITICAL

Once appointed, the Guardian Ad Litem becomes a party and must also be served with anything served on the opposing party.

The Guardian Ad Litem then becomes a party and anything to be served on the opposing party shall also be served on the Guardian Ad Litem.

CRITICAL

Applies to

Interrogatory answers

The responding party must serve the original and one copy of the answers on propounding counsel.

The responding party shall type the requested answers in the space provided, as required by this Rule, shall supply the oath or affirmation, and shall serve the original and one copy upon propounding counsel.

CRITICAL

Memoranda of law addressing unusual legal questions must be served no later than seven days before trial.

Memoranda of law, addressing any unusual questions of law, shall be filed and served no later than seven (7) days prior to trial.

CRITICAL

Applies to

Proof of notice

The caseworker or probation worker must file proof of notice of a hearing as soon as practicable after service.

Proof of Notice of any hearing required to be served by the caseworker or probation worker shall be filed with the Court as soon as practicable after service has been made.

CRITICAL

When sending a facsimile transmission to the Court, the sender must serve all parties or counsel by fax or first-class U.S. mail and fax an acknowledgment of receipt and certificate of service to the Clerk or Court.

Upon sending a facsimile transmission to the Court, the sender shall serve it upon all parties or counsel of record by facsimile or first class U.S. mail and file an acknowledgement of receipt and certificate of service via facsimile to the Clerk or Court.

CRITICAL

Attorneys directed to prepare decrees or other orders must first submit them to all other attorneys of record within fourteen days, before submitting them to the Court.

LR64-FL00-2600.1 Exchange. It shall be the duty of the parties' attorneys to prepare decrees and other orders as directed by the Court. The attorney so directed shall first submit them to all other attorneys of record, within fourteen (14) days, to enable them to challenge any provision thereof before submission to the Court for entry.

CRITICAL

The landlord must complete and provide the tenant and the Court with the damages computation form at least seven days before the damages hearing.

At least seven (7) days prior to the damages hearing, the landlord shall complete and tender to the Tenant and Court a copy of the Landlord Computation of Damages Form, so that the Tenant may review the form and appropriately respond to the Court=s inquiry whether the Damages Hearing is contested or uncontested.

CRITICAL

Proposed preliminary and final jury instructions must be served no later than seven days before trial.

Proposed preliminary and final jury instructions shall be filed and served no later than seven (7) days prior to trial.

CRITICAL

Immediate notice of a case conference must be given to the parent, foster parents, CASA, and anyone else necessary for the conference.

Notice must be given immediately to the parent, foster parents, CASA and anyone else necessary for the conference to be a success.

WARNING

Applies to

Monthly service provider report

Monthly reports must be provided to the Department of Child Services, Probation Department, CASA, parents, foster parents, and attorneys.

The monthly reports are to be provided to the Department of Child Services, Probation Department, CASA, parents, foster parents, and attorneys.

WARNING

Applies to

Report

Reports filed with the Court must promptly be given to the parents, foster parents, Special Advocate, caseworker, probation officer, and attorneys.

All reports required to be filed with the Court or are filed with the Court shall be filed at least 10 days prior to the hearing and shall promptly be given to the parents, foster parents, Special Advocate, caseworker, probation officer and attorneys.