Tippecanoe County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Notice of a hearing on a petition to determine whether an estate is insolvent must be served on all interested parties.

Notice of the hearing to be held on a petition to determine if an estate is insolvent shall be served on all interested parties.

CRITICAL

Copies of petitions must be sent to interested parties along with every hearing notice.

Copies of petitions shall be sent to interested parties along with all notices of hearings.

CRITICAL

Proper notice of the hearing on a motion to modify bail or pretrial-release conditions must be given to the parties and attorneys of record.

After Initial Hearing: Once a judicial officer has set the amount of bail or other conditions of pre-trial release after the Initial Hearing, motions to modify the order shall be presented to the respective court in writing, and proper notice of the hearing shall be given to the parties and attorneys of record.

CRITICAL

Applies to

Pretrial notice

A party offering biologically contaminated or firearm evidence must serve the pretrial notice on all parties before trial.

A party who offers biologically contaminated or firearm 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

When publication or written notice is required, the attorney must prepare and ensure proper publication or service and provide adequate proof before bringing the matter to Court or as part of the proceeding.

Whenever notice by publication or written notice is required to be given, the attorney shall prepare such notice and shall ensure that such notice is properly published or served. In all respects, the notice shall comply with all statutory requirements. It shall be the attorney’s responsibility to ascertain and provide adequate proof that notice was properly served prior to bringing a matter to Court or that notice will be properly served as part of any proceeding.

CRITICAL

Service

Mail

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

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

CRITICAL

When reasonably possible, the Child Support Guidelines Worksheets must be delivered to the other parent with the Financial Declaration Form, and in all events within 10 days after receiving the other parent’s Financial Form.

The Worksheet(s) shall, when reasonably possible, be delivered to the other parent simultaneously with the Financial Declaration Form, but, in any event, within 10 days of receiving the other parent’s Financial Form.

CRITICAL

The court must notify counsel of record and unrepresented parties that evidence will be destroyed within 45 days after notice unless timely retrieved.

In all cases, the court shall provide notice, by mail, electronic mail, or as otherwise provided, herein, to all attorneys of record and to parties only if unrepresented by counsel, that the evidence will be destroyed within 45 days from the date of notice if not timely retrieved.

CRITICAL

Exchange the form with the other party, but do not file it with the court unless instructed.

(Reminder: Exchange form with other party but DO NOT file with court unless instructed to do so)

CRITICAL

The spouses must exchange the completed Financial Declaration Forms and required attachments within 30 days from the date the Petition is filed.

You and your spouse must complete and exchange Financial Declaration Forms with all required attachments within 30 days from the date of filing of the Petition.

CRITICAL

When directed by the court to prepare a decree or other order, the attorney must first submit it to all other attorneys of record or any unrepresented party so they can challenge its provisions before it is submitted to the court.

A. 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 is first to submit them to all other attorneys of record or to the unrepresented party to enable them to challenge any provision thereof before submission to the court for entry.

CRITICAL

Applies to

Financial declaration form

The financial declaration form must be exchanged between the parties within 30 days after service of summons or a post-decree motion, regardless of representation.

1. This form is mandatory discovery and must be exchanged between the parties within 30 days of service of summons or post-decree motion, whether represented by an attorney or not.

CRITICAL

Applies to

Financial declaration form

The financial declaration form is mandatory discovery and must be exchanged between the parties within 30 days after service of summons on the Respondent, regardless of representation.

1. This form is mandatory discovery and must be exchanged between the parties within 30 days of service of summons upon the Respondent, whether represented by an attorney or not.

CRITICAL

If paternity is established, the parents must exchange Financial Declaration Forms with all required attachments.

B. Complete and exchange Financial Declaration Forms with all required attachments.

CRITICAL

Service

Mail

For service by certified mail, provide a properly addressed envelope, labels, and return receipts; each receipt must show the cause number and be returnable to the Clerk at the Court's address.

If service is by certified mail a properly addressed envelope shall be provided for the party being served. Certified mail labels and return receipts must also be furnished for each mailing and the cause number must appear on each return receipt, which shall be returnable to the Clerk at the address of the Court.

CRITICAL

Exchange the form with the other party, but do not file it with the court unless instructed.

Reminder: Exchange form with other party but DO NOT file with court unless instructed to do so

WARNING

Applies to

Claim for relief pleading

A claim for relief against the petitioner may need to be asserted in a written pleading filed with the Clerk and served on the listed attorney.

and, if you have a claim for relief against the person who filed the Petition, you may be required to assert such a claim in a written pleading which must be filed with the Clerk and served upon the attorney whose name and address is set forth at the bottom of this page.

WARNING

A claim for relief may need to be asserted in a written pleading filed with the Clerk and served on the spouse's attorney.

You are not required to file any written Answer to respond to the Petition; however, certain grounds for dismissal must be asserted in a timely fashion or are waived; and, if you have a claim for relief against your spouse you may be required to assert such a claim in a written pleading which must be filed with the Clerk and served on your spouse's attorney.

WARNING

Applies to

Hearing notice

A movant who obtains a motion hearing date must promptly notify all adverse parties of the hearing date and time.

If the movant procures a date for hearing on a motion, the movant shall promptly give notice to all adverse parties of the date and time of such scheduled hearing.

WARNING

To receive notice of further proceedings, file a written appearance with the Clerk and serve a copy on your spouse's attorney.

If you do not file a written appearance with the Clerk and serve a copy on your spouse's attorney, you may not receive notice of any further proceedings in this action.

WARNING

Applies to

Written appearance

File a written appearance with the Clerk and serve a copy on the listed attorney to avoid possibly missing notice of further proceedings.

If you do not file a written appearance with the Clerk and serve a copy on the attorney whose name and address is set forth at the bottom of this page, you may not receive notice of any further proceedings in this action.

INFO

Service

Mail

Use of certified mail, return receipt requested, to serve estate-opening notice is recommended.

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

INFO

Applies to

Summons

The summons form designates service by Sheriff or, alternatively, by CMRRR, a private server, or another method.

The following manner of service is designated: Sheriff (or CMRRR, or Private Server etc.)