Steuben County Courts, Indiana Service and Proof of Service Rules

CRITICAL

After inadequate service, the party seeking service has 60 days to perfect it; failure to do so may result in dismissal without prejudice.

Upon failure to obtain adequate service over a party, the party seeking to obtain service shall be granted sixty (60) days to perfect service. Failure to perfect service within such sixty (60) day period may result in the cause or applicable motion being dismissed without prejudice.

CRITICAL

The State must make intended Rule 404(b) character evidence available to the defendant no later than the scheduled initial pre-trial conference, unless good cause is shown.

All character evidence which the State intends to offer pursuant to Ind. Rules of Evidence 404(b) shall be made available to defendant no later than the date scheduled for the initial pre-trial conference, except for good cause shown.

CRITICAL

Proposed preliminary and final jury instructions and all motions in limine must be served no later than five days before the final pre-trial conference.

Proposed preliminary and final jury instructions, and all motions in limine, shall be filed and served no later than five (5) days prior to the final pre-trial conference.

CRITICAL

Service

Mail to all parties

The court must notify attorneys of record and unrepresented parties by mail, including e-mail, of the date by which evidence must be retrieved to avoid destruction.

In all cases, the court shall provide actual notice, by mail (including e-mail), to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed by a date certain if not retrieved before that date.

CRITICAL

Both counsel must exchange the listed financial and other relevant information within 30 days after Respondent’s counsel enters an appearance.

Within thirty (30) days after counsel for Respondent enters an appearance, both counsel shall voluntarily exchange the following information for their clients: (1) Federal and state income tax returns, with all supporting schedules, for the preceding three (3) years; (2) Pay stubs for the preceding four (4) weeks; (3) Bank statements showing balances in all accounts as of the date the petition was filed; (4) Pension valuations showing those benefits which were vested as of the date of marriage, and, which were vested as of the date of filing the petition; (5) Copies of all deeds, mortgages, and land contracts; (6) Copies of all real estate and personal property appraisals done within the preceding five (5) years; (7) Copies of all financial statements provided to any financial institution within the preceding five (5) years; (8) A list of all marital debts showing the name of the creditor, whether the debt is joint or individual, monthly payments, and payoff as of date of filing the petition; and, (9) All other relevant information in the party’s possession pertaining to custody, support, parenting time or marital assets or marital debts.

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 may 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 may consider the issue and rule appropriately before trial.

WARNING

Applies to

Property indebtedness earnings disclosure form

When the disclosure form is served on an opposing party represented by counsel, it is deemed a Request for Admissions that its information is true.

A copy of said form, when served upon the opposing party, if represented by counsel, shall be deemed to be a Request for Admissions by the opposing party that the information contained on said form is true.

WARNING

Counsel or the Clerk may use the attorney boxes in the Court office as an alternative means of serving legal papers.

A. Attorney Boxes. The Court designates the attorney boxes located in the Court office as an alternative suitable means for making service of all legal papers by counsel or by the Clerk.

WARNING

Counsel and parties must keep the court informed of their current addresses, and notice to the last current address is sufficient.

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.