St. Joseph County Superior Court, Indiana Service and Proof of Service Rules

CRITICAL

Summonses must be served in compliance with Indiana Trial Rule 4.

Summonses shall be served in compliance with Indiana Trial Rule 4.

CRITICAL

An adverse party must serve its answer brief within 30 days after service of a Trial Rule 12 or 56 motion.

An adverse party shall have 30 days after service of the motion in which to serve and file an answer brief.

CRITICAL

For civil cases initiated before but disposed of after the Rule’s effective date, sufficient notice copies must be provided to the Court for service on all parties who participated in matters involving tangible evidence.

For all civil cases initiated before the effective date but disposed of after the effective date of this rule, the Court must be provided with a sufficient number of copies of the notice for service on all parties participating in all matters at which tangible evidence was offered or admitted.

CRITICAL

A Judge may be served through the Judge’s secretary or by mail to chambers, but not by email or fax; a courtesy copy may be emailed contemporaneously with service by another permitted method.

Service on a Judge may be made by delivering a copy to the Judge’s secretary or mailing a copy to the Judge at his or her chambers. Service on a Judge may not be accomplished by e-mail or facsimile transmission; however, a courtesy copy may be sent to the Judge’s chambers by e-mail contemporaneously with service by mail or otherwise.

CRITICAL

Disclosure duties continue, and parties must supplement at least 10 days before trial with available documents showing changes in asset and debt status as of the month of trial or the preceding month.

Duties of disclosure set forth by the Court’s reciprocal discovery order shall be continuous. Supplementation shall be required not fewer than ten 10 days before trial showing any changes in the status of assets and debts as of the month of or one month prior to trial, the most recent of which documents and things are available.

CRITICAL

Applies to

Motion or petition copy

When notice is required because a motion or petition was filed, a copy of it must be served along with the written notice.

Where notice is required because a motion or petition has been filed with the Court, a copy of the petition or motion shall be served along with the written notice.

CRITICAL

For cases filed after the Rule’s effective date, the Clerk must provide actual notice to the Plaintiff upon initiation, issue notice to Defendants under Trial Rule 4, or send notice when a party first appears.

The notice (see Appendix) referred to above shall be actual notice, provided by the Clerk to the Plaintiff upon the initiation of an action and issued to the Defendant(s) pursuant to Trial Rule 4, or sent at the time a party first appears in a case in all cases filed after the effective date of this Rule.

CRITICAL

Applies to

Notice of hearing and petition

When an insolvency petition is filed, notice of its hearing and a copy of the petition must be served on all interested parties.

When a Petition is filed to determine that an estate is insolvent, Notice of the hearing on the Petition along with a copy of the Petition shall be served on all interested parties.

CRITICAL

When requesting notice that the Clerk must give, the requesting party must provide enough notice copies and stamped, addressed envelopes for the recipients.

Whenever the Clerk is required by rule or statute to give notice, the party or parties requesting such notice shall furnish the Clerk with sufficient copies of the notice to be given, along with stamped, addressed envelopes with the names and the addresses of the parties or their counsel to whom such notice is to be given.

CRITICAL

Counsel must exchange instructions as directed by the Court.

Instructions shall be exchanged by counsel as directed by the Court.

CRITICAL

Service

Mail

The Jury Administrator or assigned Bailiff must mail the jury summons no later than one week before the panel is needed, and the summons must state the dates the prospective juror is on call.

(2) Not later than one (1) week before a jury panel for jury selection is needed, the Jury Administrator or Bailiff assigned to each court shall mail, or cause to be mailed, the Summons of Jury Service which shall specify the specific dates for which the prospective juror shall remain on call for jury service.

CRITICAL

An action must be commenced in conformity with Indiana Trial Rule 3 and Trial Rules 4 through 4.17.

An action must be commenced in conformity with Trial Rule 3 and pursuant to Trial Rules 4 through 4.17 of the Indiana Rules of Trial Procedure.

CRITICAL

Before filing an order, parties must provide notice to all other parties involved in the matter.

Prior to the filing of any Order, parties shall provide notice to all other parties involved in the matter

CRITICAL

The client must be sent notice of counsel’s intention to withdraw at least ten days before the motion is filed.

The notice of the intention to withdraw shall be sent to the client no later than ten (10) days before the filing of the motion to withdraw.

CRITICAL

Any response or request for a hearing must be served or mailed to the opposing party’s attorney.

Any response or request for a hearing must be served (or mailed) on the attorney for the opposing party.

CRITICAL

Applies to

Verified account

Unless waived by someone entitled to notice, a copy of the verified account must be served with written notice of the final-settlement hearing.

Unless waived by a person entitled to notice, a copy of the verified account must be served with written notice of the hearing on final settlement of the estate or guardianship.

CRITICAL

Applies to

Default judgment request

When requesting entry of default judgment, the moving party must demonstrate that service was perfected on the party against whom default is sought.

At the time of the request for entry of a default judgment under T.R. 55, the moving party must demonstrate that service has been perfected on the party or parties against whom default is sought.

CRITICAL

Applies to

Order of assignment

The Child Support Division of the Prosecutor’s Office must serve the ORDER OF ASSIGNMENT on all parties.

The ORDER OF ASSIGNMENT will be served on all parties by the Child Support Division of the Prosecutor’s Office.

CRITICAL

For qualifying civil cases, notice copies must be provided for service on each defendant and copies must also be returned to each Plaintiff and placed in the Court’s file.

For all civil cases initiated after the effective date of this rule, the party initiating the action must provide to the Clerk of the Court, at the time the case is initiated or at any time additional defendants are added to the case, a sufficient number of copies of the notice for service upon each defendant, as well as a copy to be returned to each Plaintiff and a copy for the Court’s file.

CRITICAL

Unless the Court orders otherwise, parties in dissolution or paternity actions must provide the other party with the specified reciprocal-discovery materials within 30 days after the petition is filed.

Upon the filing of a petition for dissolution of marriage or paternity action, the parties shall have a duty of reciprocal discovery and, unless otherwise ordered by the Court, shall provide the other party with copies of the following documents and things within thirty days:

CRITICAL

Service

Publication

When notice by publication is required, the attorney must prepare it and take locally consistent steps to ensure publication.

Whenever notice by publication and/or written notice by U.S. Mail is required either in writing or by publication, the attorney shall prepare the notice and take such actions consistent with local practices to ensure that such notice is published and/or served.

CRITICAL

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 appropriately before trial.

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 appropriately before trial.

CRITICAL

The Court must distribute copies of the DRCB report to counsel or to an unrepresented party.

The DRCB shall file its original report with the Court, which shall distribute copies to counsel or to a party not represented by counsel.

CRITICAL

Parties must make initial disclosures based on reasonably available information and may not withhold them because their investigation is incomplete, they dispute the other party’s disclosure, or the other party has not disclosed.

Each party shall make their initial disclosures based on information reasonably available to them and no party is excused from making disclosures because they have not fully completed their investigation of the case or because they challenge the sufficiency of the other party’s disclosure or because the other party has not made the required disclosure.

CRITICAL

Applies to

Notice of opening of estate

Service

Mail

Notice of an estate's opening must be sent by first-class U.S. mail to all distributees and reasonably ascertainable creditors.

Notice of the opening of an estate shall be sent by First Class United States Mail to all distributes of the estate and also to all reasonably ascertainable creditors;

CRITICAL

Service

Mail to all parties

The Court must notify attorneys of record and unrepresented parties about evidence destruction by mail or as otherwise provided, and notice to their last current address is sufficient.

The Court must provide notice, by mail, or as otherwise provided, herein, (see Appendix) to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed pursuant to this Rule if not timely retrieved. Counsel and parties have the duty to keep the Court informed of their current addresses and notice to the last current address shall be sufficient.

CRITICAL

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

The responding party shall fill in the requested answers, supply the jurat, and serve the original and one duplicate on propounding counsel.

CRITICAL

Service

Mail

An attorney must provide the client, other counsel, and unrepresented litigants notice of the intended withdrawal and impending dates, prove notice to the Court, and send the client notice by certified mail to the client’s last known address.

The attorney must present to the Court adequate proof of notice to their client, as well as all other counsel and unrepresented litigants, of the intent to withdraw and of any impending pre-trial, hearing, or trial dates. The notice to their client shall be by postage prepaid, certified mail, return receipt requested and received or returned by the Postal Service undeliverable or refused addressed to the last known address of the client.

CRITICAL

Counsel and unrepresented parties who appear after the original complaint must promptly notify all other counsel and unrepresented parties and file proof of the notice.

Counsel and unrepresented parties appearing after the filing of the original complaint shall forthwith notify all other counsel of record and unrepresented parties of such appearance and file proof of such notice.

CRITICAL

Covered papers must be served on all counsel of record or unrepresented parties before filing or on the filing date, and the filing date must appear on the Certificate of Service.

Every motion, petition, notice, or other pleading required to be served by T.R. 5 of the Indiana Rules of Trial Procedure, shall be served on all counsel of record or unrepresented parties either before it is filed or on the day it is filed with the Court, and the date of filing shall be indicated on the Certificate of Service.

CRITICAL

If a pending issue requires an immediate hearing, the Child Support Division must coordinate the hearing date and time and notify all parties.

If a pending issue requires an immediate hearing, the Child Support Division shall also be responsible for coordinating the hearing date and time and notifying all parties.

CRITICAL

The attorney is responsible for establishing proper service of notice that brings its subject matter before the Court.

The attorney shall be responsible to establish proper service of notice bringing the subject matter of the notice before the Court.

CRITICAL

Applies to

Mortgage foreclosure notice

A party filing a mortgage foreclosure cause of action must serve the resident with the Appendix A Notice Concerning Mortgage Foreclosure.

A party filing a mortgage foreclosure (MF) cause of action shall cause to be served on the resident a copy of the Notice Concerning Mortgage Foreclosure, which is attached hereto and made a part hereof as Appendix A.

CRITICAL

A motion to quash or limit a grand jury subpoena must be served on the Prosecuting Attorney by the stated deadline.

Motions to quash or limit a grand jury subpoena shall be filed and served upon the Prosecuting Attorney no later than seven (7) days prior to the appearance or production date unless good cause exists for a later filing.

CRITICAL

Applies to

Court order or ccs

When judicial notice is taken, the court must provide the parties a copy of the order or the entire CCS at or near that time.

(1) A court order, the court shall provide a copy of that order; or (2) A 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 near the time judicial notice is taken.

CRITICAL

Service

Publication

For qualifying older civil cases or cases where actual notice is impossible, the Court must annually publish notice of intent to destroy evidence and post it at the County Courthouses.

that for those civil cases in which a final disposition was entered at the trial level more than ten (10) years before the effective date of this notice, or with respect to which it is not possible to give actual notice, the Court shall annually issue notice of intent to destroy evidence by publication in a newspaper of general circulation within St. Joseph County, posting at the County Courthouses.

CRITICAL

Applies to

Child support order request documents

A party seeking child support must serve the opposing party with the Notice of Hearing and Order to Disclose Information, Child Support Worksheet, and Petition in accordance with the Indiana Rules of Civil Procedure.

A party seeking an order for child support shall cause a Notice of Hearing and Order to Disclose Information, with a Child Support Worksheet, and a copy of the Petition to be served upon the opposing party in a manner complying with the Indiana Rules of Civil Procedure.

CRITICAL

Applies to

Notice of intent to introduce evidence

Within the time allowed for discovery compliance, each side must notify the other of its intent to introduce evidence when notice is required as a prerequisite to admission.

Each side, within the time allowed for compliance with discovery under this Rule, shall provide the other with notice of its intent to introduce evidence pursuant to Indiana Rule of Evidence 404(b), 609(b), or any other Rule which requires notices as a prerequisite to the admission of evidence.

CRITICAL

Applies to

Summary judgment notice

When an opposing party moves for summary judgment against a self-represented party, moving counsel must serve that party with the Appendix B notice.

Notwithstanding any other rule of court, if a party is proceeding pro se and an opposing party files a motion for summary judgment, counsel for the moving party must serve a notice upon the unrepresented party as set forth in Appendix B, which is attached hereto and made a part hereof.

CRITICAL

An adult guardianship application or protective order may not proceed without notice unless verified allegations show that delay may cause immediate and irreparable injury to the person or loss or damage to property.

Pursuant to IC 29-3-3-4(a), no guardian of an adult shall be applied, or protective order entered without notice, except upon verified allegations that delay may result in immediate and irreparable injury to the person, or loss or damage to the property.

CRITICAL

Applies to

Notice of appeal

Service

Personal service

When an appeal transcript is sought, the filer must personally deliver the Notice of Appeal to the Official Court Reporter contemporaneously, advise the reporter of the record-preparation deadline, and arrange transcript payment.

When an appeal is initiated by the filing of a Notice of Appeal pursuant to Appellate Rule 2, Indiana Rules of Appellate Procedure and a transcript of all or any part of the evidence is sought for the record on appeal, the party or counsel filing the Notice shall contemporaneously personally deliver a copy of the Notice to the Official Court Reporter, shall advise the Official Court Reporter of the deadline for preparation of the record, and shall arrange to pay the Official Court Reporter for the preparation of the transcript.

WARNING

Where reasonably possible, counsel should use service by mail or acknowledgment of service instead of service of process by Sheriff as a less divisive process.

(f) use the least divisive processes in pursuing safety, fairness, cooperation, and the best interests of children (where reasonably possible, for example, consulting with other counsel as early and often as necessary to find cooperative resolutions, using service by mail or acknowledgment of service instead of service of process by Sheriff, encouraging restraint and safe cooperation between family members, and exhausting all viable cooperative measures before requesting relief from court).

WARNING

Unless service by Sheriff or return-receipt mail is designated, the serving party must be prepared to show that service used the manner most likely to ensure actual notice.

Unless service by Sheriff or United States Mail, Return Receipt Requested is designated, the party required to serve one of the documents listed above in this subsection shall be prepared to demonstrate that service was affected by the manner most likely to ensure actual notice to the person or entity to be served.

WARNING

Service

Mail

At least bi-monthly, the Jury Administrator must draw the venire list and mail the jury-service notice and questionnaire, though the list may be drawn at another appropriate time.

(1) At least bi-monthly, the Jury Administrator shall randomly draw the bi-monthly Venire List from the Jury Pool and mail, or cause to be mailed, the Notice of Jury Service and Juror Qualification and Questionnaire Form. The bi-monthly lists may be drawn before each two-month jury service period or at any other time as may be appropriate.

WARNING

Service

Email

QUEST e-mail service may be used in addition to the usual methods under T.R. 5; the excerpt ends before identifying the intended recipients.

In addition to the usual ways of serving parties of record pursuant to T.R. 5, service may be made by QUEST e-mail to those parties of

WARNING

Applies to

Notice of opening of estate

Service

Mail

Certified mail with return receipt requested is recommended for serving notice of the opening of an estate.

however, the use of “certified mail, return receipt requested,” to serve such notice is recommended.

WARNING

Applies to

Discovery request

As envisioned by the Trial Rules, discovery requests shall be served upon the parties and should not be filed with the Court unless in connection with a dispute concerning compliance with prior discovery requests.

As envisioned by the Trial Rules, discovery requests shall be served upon the parties and should not be filed with the Court unless in connection with a dispute concerning compliance with prior discovery requests.

WARNING

When no entry has been made for 60 days, show-cause rules for dismissal for lack of prosecution will routinely be issued and served on affected parties and counsel by ordinary mail or personal delivery.

Rules to show cause why a cause should not be dismissed for lack of prosecution pursuant to T.R. 41(E) will be routinely issued and served upon affected parties and counsel by ordinary mail or by personal delivery in all cases in which no entry has been made for 60 days.

WARNING

In a supervised administration, the inventory must be provided to interested parties on request; in an unsupervised estate, it must be provided to distributees on request, and in either case it may be filed with the Court.

In a supervised administration, the inventory shall be provided to interested parties upon request or may be filed with the Court. In an unsupervised estate, the inventory shall be provided to distributees upon request or may be filed with the Court.

INFO

Service

Email

Actual notice may be sent by email if the local electronic filing rules authorize it.

Actual notice may be accomplished by electronic mail if so authorized by the local electronic filing rules, infra.