Vigo County Courts, Indiana Service and Proof of Service Rules

Applies to

Copy of rule

Service

Court service to opposing party

The Sheriff must serve the respondent a copy of the rule when serving the petition and make a return of service.

The Sheriff of Vigo County shall serve a copy of this rule on the respondent when the petition is served and shall make due return thereon.

Applies to

Preliminary witness and exhibit list

Each party must serve the preliminary witness and exhibit list on all other parties.

The Court ORDERS each party to file and serve on all other parties a preliminary witness and exhibit list no later than thirty (30) days after entry of this Order.

Service

Mail

The landlord may remove and store abandoned tenant property but must immediately notify the tenant by first-class mail, retain a copy, and include the specified storage and contact information.

B. immediately notify the tenant by first class mail to tenant’s last known address, with a copy retained by the landlord, that the property is stored, that the storage charges (if any, but not to exceed $3.00 per day) are accruing, and that the property is available to tenant upon reasonable notice to landlord at a reasonable time until the date of the hearing on damages. The notice shall also contain the landlord’s telephone number, and an address at which and a reasonable time during which the landlord can be contacted.

Service

Personal service to court

A motion to reconsider any motion ruling must be in writing and personally served on the Judge who issued the ruling.

A motion to reconsider a ruling of the Court on any motion must be in writing and must be served personally upon the ruling Judge.

A garnishment order requires an active proceeding supplemental or waiver of notice, service on the garnishee-defendant by one of the listed methods, and the specified interrogatory response or employment verification.

2. Requirements of Garnishment Order to Issue. A garnishment order shall not be issued with respect to a judgment debtor’s wage or other property without: A. an active proceeding supplemental as to the judgment debtor or waiver of notice by the judgment debtor, and B. service on the garnishee-defendant by: C. certified mail, or refusal thereof, or D. Sheriff’s service, or E. private process service; and F. return of answered interrogatories, other verification of employment by garnishee- defendant, or failure to answer interrogatories after notice.

The judgment creditor must forward a copy of the garnishment-release order to the garnishee-defendant(s).

Upon receipt by the judgment creditor or by the Clerk on the judgment creditor’s behalf of monies sufficient to fully satisfy the judgment, any accrued interest and costs, the judgment creditor shall immediately obtain a court order releasing the applicable garnishment order and shall forward a copy to garnishee-defendant(s).

Applies to

Oral argument request

The oral-argument request must be timely served with the applicable brief.

A request for oral argument on a motion shall be by separate instrument and timely served and filed with the brief, answer brief, or reply brief, except as otherwise provided.

Applies to

Supporting brief

A copy of each supporting brief or memorandum must be promptly served on the opposing party.

Any brief or memorandum in support of any motions shall accompany or be filed simultaneously with the motion, and a copy shall be promptly served upon the opposing party.

Applies to

Copy of rule

Service

Court service

The Clerk must provide the petitioner a copy of the rule when the dissolution petition is filed.

The Clerk shall provide a copy of this rule to petitioner at the time of filing a petition for dissolution of marriage.

Applies to

Jury instructions

All requests for instructions submitted in accordance with Trial Rule 51 shall be submitted to the Court and exchanged with opposing counsel not later than the beginning of trial.

All requests for instructions submitted in accordance with Trial Rule 51 shall be submitted to the Court and exchanged with opposing counsel not later than the beginning of trial.

When a motion requires notice, serving a copy of the motion on the other parties constitutes notice of filing it.

When a motion requires notice, the serving of the copy of the motion upon the other parties in the cause shall constitute notice filing same.

Applies to

Jury instructions

Non-Indiana-Pattern proposed instructions and all 1.03 Issue instructions must be exchanged with opposing counsel at least five days before trial.

Any proposed instruction that is not an Indiana Pattern Jury Instruction and all 1.03 Issue instructions shall be submitted to the Court and exchanged with opposing counsel not later than five (5) days prior to trial.