Starke County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Parties must exchange witness lists, exhibit copies, 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

Each party must prepare and exchange a Financial Declaration Form within 45 days of the initial action filing, or within 30 days of filing a post-decree matter.

In all family law matters, including dissolutions, separations, post- decree and support proceedings, each party shall prepare and exchange, respectively, within 45 days of the initial filing of the action or within 30 days of the filing of any post- decree matters, a Financial Declaration Form.

CRITICAL

When service has occurred but no counsel has appeared, the moving party must serve the completed form within ten days and notify the other party of that party’s duty to prepare and serve a form.

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 within ten (10) days and to notify that party of the duty to prepare and serve one as well.

CRITICAL

Post-dissolution pleadings must be served on a party no longer represented by counsel in accordance with the Indiana Trial Rules.

The service of any post-dissolution pleadings upon any party not represented by counsel pursuant to the paragraph above shall be made upon that person pursuant to the Indiana Trial Rules.

CRITICAL

Applies to

Appearance form

An attorney entering an appearance must serve a copy of the written appearance form on all counsel and unrepresented parties of record.

Every attorney entering an appearance on behalf of any party shall file with the Court a written appearance form and serve a copy on all counsel and unrepresented parties of record.

CRITICAL

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

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

CRITICAL

Anything served on the opposing party must also be served on the guardian ad litem.

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

Worksheets should be delivered with the other party’s Financial Declaration Form when reasonably possible and must in any event be delivered within ten days of receiving that 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

Service

Publication

A party seeking service by publication must submit a request and praecipe supported by an affidavit stating that diligent search was made and the opposing party cannot be found, concealed their whereabouts, or left the state.

Whenever service is made by publication, the party seeking service shall submit to the Court a request for such service and a praecipe which shall be supported by an affidavit stating that a diligent search has been made and that the opposing party cannot be found, has concealed his/her whereabouts, or has left the state.

CRITICAL

Applies to

Temporary restraining order

A T.R. 65(B) order takes effect upon service and remains effective until a decree or final order is entered or the Court modifies or dissolves it.

An Order entered under T.R. 65(B) shall become automatically effective upon service and shall remain in effect until the entry of a decree or final order or until modified or dissolved by the Court.

CRITICAL

The attorney must provide the petitioner or movant with a copy of the Order and Instructional Letter.

The attorney shall provide a copy of the Order and Instructional Letter to the petitioner or movant.

CRITICAL

Applies to

Order after telephone argument

A copy of any order issued after telephone argument must be sent to the parties.

but in either event, any order issued thereon shall be reduced to writing and a copy sent to the parties.

CRITICAL

The responding party must serve the original and one copy 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

The moving party or opposing parent’s counsel must serve the Order and Instructional Letter with the underlying Petition or Motion.

A copy of the Order and Instructional Letter shall be served by the moving party or counsel of the opposing parent along with the underlying Petition or Motion.

CRITICAL

Applies to

Supporting brief or memorandum

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

Applies to

Motion

For a motion requiring notice, serving a copy on the other parties constitutes notice that the motion has been filed.

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

Applies to

Entry form

A copy of the entry form must be served on all counsel of record or the pro se litigant 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 or pro se litigant whenever the entry is the appearance of counsel or contains a setting for a Court hearing date.

CRITICAL

Moving counsel must file evidence of at least ten days’ written hearing notice to the client, with notice of the next calendar setting; the requirement is waived when other counsel appears with the withdrawal.

Moving counsel shall also file with the Court satisfactory evidence of at least ten (10) days written notice of such hearing to the attorney’s client. Further, the notice to the client shall also contain notice of the next scheduled calendar setting in the cause. A withdrawal of appearance, when accompanied by the appearance of other counsel, shall constitute a waiver of this requirement.

CRITICAL

Applies to

Motion to reconsider

Service

Personal service

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

must be served personally upon the ruling Judge.

CRITICAL

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

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

WARNING

The Financial Declaration Form need not be exchanged in the listed circumstances; for a post-decree arrearage, the alleged delinquent party must complete the entire form while the support recipient completes only the specified arrearage-calculation portion with supporting documentation.

The form need not be exchanged if: (1) the parties agree in writing within 30 days of the initial filing to waive exchange, and; (2) the parties have executed a written agreement which settles all financial issues, or; (3) the proceeding is merely at a provisional or emergency relief stage, or; (4) the proceeding is one in which the service is by publication and there is no response, or; (5) the proceeding is post-decree and concerns issues without financial implication. Provided, however, when the proceeding is post-decree and concerns an arrearage, the alleged delinquent party shall complete the entire Form, while the support recipient need complete merely that portion thereof which requires specification of the basis of the arrearage calculation (with appropriate supporting documentation).

WARNING

The second tier of the jury summons procedure requires summons to be sent at least one week before service.

Summons sent at least one (1) week before service shall be the second tier.

INFO

Serving previous counsel with a copy of post-dissolution pleadings is professional courtesy only.

Any copy of any post-dissolution pleadings served upon previous counsel will be deemed a matter of professional courtesy only.