Vanderburgh County Courts, Indiana Service and Proof of Service Rules

CRITICAL

A written opposition and request for a full evidentiary hearing must be served on the Court and the party that filed the pleading before the noticed date.

Or you may state your opposition and request for a full evidentiary hearing in writing by serving it BEFORE the date of which you are now being notified on the Court and the party which filed the attached pleading;

CRITICAL

If a named birth father’s consent cannot be obtained, he must be given notice of the 30 Day Consent Hearing.

If there is a named birth father and his consent is unobtainable, then notice of the 30 Day Consent Hearing must be provided to him.

CRITICAL

Applies to

Notice of appeal

When a transcript is sought for the appeal record, counsel filing the Notice of Appeal must contemporaneously serve it on the expected court reporter and arrange to pay the reporter for preparing the transcript.

When an appeal is initiated by the filing of a Notice of Appeal pursuant to Ind. Appellate Rule 9 and a transcript of all or any part of the evidence is sought for the record on appeal, the counsel filing the Notice of Appeal shall contemporaneously serve a copy of the Notice of Appeal to the Court Reporter expected to prepare the transcript of the evidence, pursuant to Ind. Appellate Rule 24, and shall arrange to pay the Reporter for the preparation of the transcript as dictated by Ind. Appellate Rule 9(H).

CRITICAL

The party setting a conference must provide the conference notice and proposed order to the opposing party and the Court.

The party setting the conference shall provide to the Court and to the opposing party a proposed order with the notice of the scheduled conference.

CRITICAL

At the first appearance, service of process may not be sent to the defendant’s employer.

On first appearance the Court will not allow service of process to be sent to the defendant’s employer.

CRITICAL

Applies to

Plaintiff witness exhibit list and damages itemization

By the date set in the scheduling order, the plaintiff must file and serve the prospective-witness and exhibit list and the trial damages itemization.

3.______ shall be the date by when the plaintiff shall file with the Court and serve on opposing counsel a list of plaintiff’s prospective witnesses and exhibits together with an itemization of damages the plaintiff intends to produce evidence upon at the time of trial.

CRITICAL

Applies to

Continuance motion

Copies of a final-hearing continuance motion must be served on opposing counsel, except when the motion is made during trial.

Motions for Continuances of a final hearing, unless made during trial, shall be in writing, shall state with particularity the grounds, and shall be verified, with copies of such request served upon opposing counsel.

CRITICAL

The Notice That Pleading Is Not Scheduled For Full Evidentiary Hearing shall be served in addition to and in the same manner as any other notice of hearing required by Indiana statute or these Rules. The Court, upon application of a party and good cause shown, may grant an exception to the requirements of this Rule for a particular hearing.

The Notice That Pleading Is Not Scheduled For Full Evidentiary Hearing shall be served in addition to and in the same manner as any other notice of hearing required by Indiana statute or these Rules. The Court, upon application of a party and good cause shown, may grant an exception to the requirements of this Rule for a particular hearing.

CRITICAL

If withdrawal proceeds by petition and hearing, the hearing notice must be served on the client at least 10 days before the hearing.

(2) Upon notice and hearing of the Petition for Leave to Withdraw, which said notice of hearing shall be served on the client at least 10 days prior to the hearing on the Petition for Leave to Withdraw.

CRITICAL

When a pleading or other document must be served on an opposing party, proof must be provided by a signed certificate of service with recipients’ names and addresses or by a signed acknowledgment of service.

In all cases where any pleading or other document is required to be served upon an opposing party, proof of such service shall be made either by: (1) A certificate of service signed by counsel of record or pro se party which specifies by name and address all counsel or parties upon whom the pleading or document was served, or (2) An acknowledgment of service signed by the party served or counsel of record.

CRITICAL

Attorney appearances must be mailed or delivered to counsel of record, with proof of that mailing or delivery.

(2) All appearances by attorneys shall be filed in writing, together with proof of mailing or delivery thereof on counsel of record in compliance with Indiana Rules of Procedure.

CRITICAL

Applies to

Trial brief and motion in limine

Copies of trial briefs and motions in limine must be furnished to opposing counsel and served as other pleadings are served.

Copies of any such trial briefs and motions in limine shall be furnished to opposing counsel and served in the same manner as other pleadings.

CRITICAL

Deadline

5 business days

Applies to

Hearing notice

In relevant family law matters, the moving party must serve an order to appear or hearing notice on the adverse party at least five business days before the hearing or trial and file a copy with the Court.

In all relevant family law matters, the moving party shall give notice of the time and place of a hearing or of a trial, by order to appear or notice of hearing, served upon the adverse party at least five (5) business days prior to the hearing or trial and file a copy of the notice with the Court.

CRITICAL

A party seeking the automatic 30-day extension must serve a copy of the Notice of Extension on all parties.

(B) Extensions. In all civil cases, each party required to respond to a complaint, counterclaim, or cross-claim, may obtain an automatic thirty (30) day extension of time to plead or otherwise respond to such claim by filing a Notice of Extension with the Court and serving a copy of the same upon all parties. Requests for additional extensions of time must be made by motion and hearing unless agreed to by the parties.

CRITICAL

Applies to

Pleadings

Copies of pleadings must be served together with the notice of hearing.

Copies of pleadings shall be served with the notice of hearing thereon.

CRITICAL

Applies to

Summons

The Clerk must provide program brochures to petitioners, and the brochures must be served on each respondent with the summons by the Sheriff.

The Lampion Center’s program brochures shall be provided by the Clerk of the Court to petitioners and served with the summons upon each respondent by Sheriff (See Appendix B).

CRITICAL

Applies to

Post dissolution pleading

Post-dissolution pleadings must be served on a party who is no longer represented by counsel under the Indiana Rules of Trial Procedure.

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

CRITICAL

A birth mother who is not represented by counsel must be given notice of the 30 Day Consent Hearing.

If birth mother is not represented by legal counsel, then she must be given notice of the 30 Day Consent Hearing.

CRITICAL

Applies to

Response

A response must be served on the other party in the same manner as other pleadings.

Opposing counsel, after having been so served, shall have seven (7) days to file any response and shall serve the other party in the same manner as other pleadings.

CRITICAL

Applies to

Notice of hearing

Notice of the hearing on a petition to determine an estate insolvent must be served on all interested parties, including the assessor, claimants, and reasonably ascertainable creditors.

Notice of hearing to be held on Petition to Determine an Estate Insolvent shall be served on all interested parties, including the Vanderburgh County Assessor, all claimants, and all reasonably ascertainable creditors.

CRITICAL

Applies to

Exhibits

Exhibits for a summary hearing must be exchanged before the hearing and stipulated to as to admissibility.

Any exhibits to be presented at a summary hearing shall have been exchanged prior to that hearing and stipulated to in terms of admissibility.

CRITICAL

Personally notify creditors of the decedent who can reasonably be ascertained.

Personally notify decedent’s creditors whom you can reasonably ascertain.

CRITICAL

Service

Publication

Notify other creditors by publication in the newspaper.

Others are notified by publication in the newspaper.

CRITICAL

Applies to

Proposed preliminary or final instruction

Other proposed preliminary or final instructions may be presented to the Court and must be served on opposing counsel on the first day of trial.

Other proposed preliminary or final instructions may be presented to the Court and shall be served upon opposing counsel on the first day of trial.

CRITICAL

The attorney invoking the Court’s jurisdiction must prepare and give required notice to interested persons and provide the Court with proof.

Whenever notice is required to be given to interested persons pursuant to I.C. 29-1-1-11 through I. C. 29-1-1-18, it shall be the duty of the attorney for the person invoking the jurisdiction of the Court to prepare and give the required notice, and to provide the Court with proof thereof.

CRITICAL

Service

Mail to court

Proof that the notice was served by certified mail with return receipt must be filed with the court by the hearing date.

Proof of service of the Notice shall be made by certified mail, return receipt, to be filed with the court on or before the date of the hearing.

CRITICAL

Applies to

Plaintiff trial contentions

By the date set in the scheduling order, the plaintiff must file and serve the specific alleged acts on which the plaintiff intends to offer trial evidence.

2.______shall be the date when plaintiff shall have filed with the Court, and served upon opposing counsel, the specific acts of alleged negligence and/or other specific acts of breach or otherwise that the plaintiff intends to produce evidence upon at the trial.

CRITICAL

Copies of entries resulting from a hearing or trial must be submitted to opposing counsel at least three days before presentation to the Court.

A copy of all entries, which result from a hearing or trial, shall be submitted to the opposing counsel at least three (3) days before being presented to the Court.

CRITICAL

A copy of the Closing Statement must be sent to every distributee and to each creditor or claimant whose claim is neither paid nor barred.

send a copy thereof to all distributees of the estate and to all creditors or other claimants whose claims are neither paid nor barred;

CRITICAL

The directed attorney must submit a proposed order to all other attorneys of record before submitting it to the Court.

The attorney so directed shall first submit them to all other attorneys of record, to enable them to challenge any provision thereof, before submission to the Court for entry.

CRITICAL

Applies to

Defendant witness exhibit list and counterclaim damages itemization

By the date set in the scheduling order, the defendant must file and serve the prospective-witness and exhibit list and any counterclaim damages itemization.

5.______ shall be the date by when the defendant shall file with the Court and serve upon opposing counsel a list of defendant’s prospective witnesses and exhibits together with an itemization of damages, if any, upon any Counterclaim which the defendant intends to produce evidence upon at the time of trial.

CRITICAL

Applies to

Defendant trial defenses

By the date set in the scheduling order, the defendant must file and serve the specific defenses on which the defendant intends to offer trial evidence.

4.______shall be the date by when the defendant shall file with the Court and serve upon opposing counsel the specific acts constituting defenses alleged by the defendant that the defendant intends to produce evidence upon at the time of trial.

WARNING

Service may be obtained through a process server if an affidavit of service is filed.

Service may be obtained by a process server if an affidavit of service is filed.

WARNING

If the employer refuses service, it may be considered sufficient only for purposes of a garnishment order.

When the employer refuses service, it can be considered sufficient service for the purpose of an order of garnishment only.

WARNING

In a Proceeding Supplemental, service good upon the employer may be considered proper to obtain a garnishment order even if service is not good upon the defendant.

On Proceeding Supplemental the Court will consider proper service for the purpose of obtaining an order of garnishment when service is good upon the employer, even though service may not be good upon the defendant.