Wayne County Courts, Indiana Service and Proof of Service Rules

CRITICAL

Service

Mail to all parties

Orders must be accompanied by enough copies for copies to be mailed to all parties.

All orders shall be accompanied with sufficient copies so that copies may be mailed to all parties.

CRITICAL

Service

Mail

The withdrawal letter must be sent to the client’s last known address by both certified mail with return receipt requested and prepaid First Class Mail.

Such letter of withdrawal shall be sent to the client’s last known address via both certified mail- return receipt requested and First Class Mail, postage prepaid.

CRITICAL

Written discovery directed to a party or nonparty must be served at least 33 days before the Court-established discovery deadline, unless the Court grants leave otherwise before service.

All written discovery, whether directed to a party or nonparty to an action, must be served at least thirty-three (33) days prior to the expiration of any discovery deadline which may be established by the Court, unless leave of Court directing otherwise is granted prior to the service of such discovery.

CRITICAL

Service

Electronic service to opposing party

A copy of defense counsel’s Appearance form must be electronically served on the lead counsel of record for the Wayne County Prosecuting Attorney.

A copy of this Appearance form shall be served on the lead counsel of record for the Prosecuting Attorney of Wayne County by electronic service.

CRITICAL

Applies to

Notice

Notices required at the outset of a probate estate must be served in accordance with Indiana Rule of Trial Procedure 85(G).

Service of the notices shall be in accordance with Indiana Rule of Trial Procedure 85(G).

CRITICAL

Applies to

Post decree pleading

Post-decree pleadings must be served on the unrepresented party under the Indiana Rules of Trial Procedure, even if the attorney still appears on the Chronological Case Summary.

The service of any post-decree pleadings upon any party not represented by counsel pursuant to paragraph A above, despite the possible mistaken continued appearance of said attorney on the Chronological Case Summary, shall be made upon that person pursuant to Indiana Rules of Trial Procedure.

CRITICAL

Applies to

Financial declaration form

Each party must prepare and exchange a Financial Declaration Form with the other party.

each party shall prepare and exchange, respectively,

CRITICAL

Withdrawal generally requires ten days’ written notice to the client and filing a copy with the Court, unless new counsel enters an Appearance simultaneously.

Permission to withdraw shall be given only after the withdrawing attorney has given his or her client ten (10) days written notice of his or her intention to withdraw, and has filed a copy of such written notice with the Court, or upon a simultaneous entering of Appearance by new counsel for said client.

CRITICAL

Applies to

Notice

Copies of petitions must accompany all notices for hearings arising from matters contained in the petition.

1.2 Copies of petitions shall be sent with all notices where the hearing involved arises from the matters contained in the petition.

CRITICAL

Worksheets intended for introduction at trial or final hearing, along with supporting documentation, must be exchanged by the parties or counsel at least seven days before trial.

Child Support Obligation Worksheets intended to be introduced at trial or final hearing shall be exchanged by the parties or counsel, along with supporting documentation, at least seven days prior to trial.

CRITICAL

After a non-Wayne County Special Judge qualifies, copies of subsequent filings must be delivered to the judge’s office in person, by mail, or by email, and the filing must include a certificate of forwarding.

When a Special Judge who is not a Wayne County Judge is selected and qualifies in a case, copies of all filings subsequent to the qualification of such Special Judge shall be delivered in person, by mail, or by email to the office of the Special Judge with certificate of forwarding same made a part of the filing.

CRITICAL

A motion, objection, or petition pursuing a tax-sale interest in land must be provided to the Wayne County Attorney.

Any motion, objection or petition filed to pursue an interest in land arising from a tax sale shall be provided to the Wayne County Attorney.

CRITICAL

Service

Personal service to opposing party

To obtain a bench warrant, the adverse party must be personally served, and a bench warrant on copy service must be completed with sworn testimony confirming actual notice.

In order to obtain a bench warrant from the Court, a party must have personal service on the adverse party and complete a bench warrant on copy service with sworn testimony confirming actual notice to the adverse party.

CRITICAL

A copy of the Promise to Appear must be provided to the arrested person and to the Court upon designation.

A copy of the Promise to Appear shall be provided to the arrested person and to the Court upon designation.

CRITICAL

Before the provisional hearing, the parties must exchange the listed income, child, support, maintenance, childcare, insurance, and worksheet documentation as promptly as possible; the three most recent paystubs usually satisfy the income-documentation requirement.

Before the scheduled provisional hearing, the parties as promptly as possible shall exchange documentation of all year-to-date income (usually satisfied by the party’s three most recent paystubs), whether there are subsequently born children, documentation of an order or duty of support for prior born children, documentation of maintenance paid, documentation of work-related child care expenses, documentation of the weekly cost of health insurance for the minor children, and a proposed child support obligation worksheet.

CRITICAL

A copy of the claims determination pleading must be served on each creditor whose claim is disallowed in whole or in part.

A copy of this pleading shall be served upon each creditor whose claim has been disallowed in full or in part.

CRITICAL

Deadline

48 hours

A response worksheet, with reasonably obtainable supporting documentation and/or an explanation of the calculations, must be provided to the other party or counsel at least 48 hours before the provisional hearing; if reasonable circumstances prevent that, it must be provided at the earliest opportunity.

A response Child Support Obligation Worksheet - with as much supporting documentation as can reasonably be obtained at the time such as a recent pay stub and/or an explanation in the body of the Motion as to how the figures were computed - shall be provided to the other party or to opposing counsel, as the case may be, at least forty-eight hours prior to the provisional hearing, unless reasonable circumstances prevent doing so, and then such Child Support Obligation Worksheet shall be provided to the other party or to opposing counsel at the earliest opportunity.

CRITICAL

If the Court allows an on-the-record ex parte hearing and finds an emergency justifying an eviction order, the cause must be heard within ten days with notice to all parties.

In those circumstances where the Court allows a party to be heard ex parte on the record and finds an emergency exists justifying issuance of an eviction order, the cause shall heard within ten days with notice to all parties.

CRITICAL

Applies to

Written notice

Each party must provide the required written notice to both the Court and the opposing party.

Prior to any provisional hearing or within thirty days after service of any petition seeking relief in any family law matter, whichever shall first occur, each party shall provide the Court and the opposing party with written notice of any other pending legal proceeding in which such person is a party wherein the other pending legal proceeding involves an issue or allegation of domestic violence, spousal abuse, child abuse, protective order, restraining order, Child(ren) in Need of Services, Termination of Parent-Child Relationship, Juvenile Delinquency, or any criminal charges.

CRITICAL

For a subsequent claim filed after the initial three-month period, the pleading copy must be served and the creditor must receive the same notice required for other disallowed claims.

Such pleading shall also be filed within thirty (30) days after the filing of any subsequent claim made by other creditors beyond the initial time period of three (3) months following the first published notice to creditors, with the same service of copy and notice.

CRITICAL

The Clerk must immediately give a creditor written notice if its claim is disallowed in whole or in part.

The Clerk shall give immediate written notice to a creditor if its claim has been disallowed in full or in part.

CRITICAL

Applies to

Notice

The personal representative or guardian must serve the returned hearing notice in accordance with Indiana Rule of Trial Procedure 85(G).

On the filing with the Clerk by the personal representative or guardian of any petition, application, complaint, partial report, final report, or any report that requires fixing of date and place of hearing of same by the Court and giving notice thereof to any or all interested persons as required by law or order of the Court, the Clerk shall forthwith fix the date and place of hearing, by endorsement on the same, and shall return to such personal representative or guardian the required notice, which shall be then served by such personal representative or guardian in accordance with Indiana Rule of Trial Procedure 85(G).

WARNING

Applies to

Financial declaration form

The Financial Declaration Form need not be exchanged if the parties waive exchange in writing, settle all financial issues in a written agreement, service is by publication with no response, or the Court waives the requirement.

The Financial Declaration Form need not be exchanged if: 1. the parties agree in writing to waive exchange; 2. the parties have executed a written agreement which settles all financial issues; 3. the proceeding is one in which the service is by publication and there is no response; or 4. the Court otherwise waives such requirement.

WARNING

The Court may grant withdrawal when the client was properly notified even if the notification did not strictly comply with the rule.

The Court shall have discretion to grant a motion to withdraw if the Court finds that the client was properly notified, although by means that are not in strict compliance with this rule.

WARNING

The tax-sale purchaser, whether represented or self-represented, is responsible for complying with Indiana Code provisions, including required notices to the owners of record.

The Purchase, whether represented by counsel or as a pro se litigant, is solely responsible for compliance with each provision of the Indiana Code, including all required notices to the owner(s) of record.

INFO

Service

Mail

The Scheduling Clerk will handle notifying personal representatives and guardians of inventory or accounting due dates and will mail a copy of the notice to their attorney of record.

1.4 The Wayne County Scheduling Clerk will accept calendaring responsibilities concerning notification to all personal representatives and guardians of the due date of any statutorily required inventory or accounting. A copy of such notice of due date will be mailed to the attorney of record for the personal representative or guardian.