IN · rules
Ind. Allen Cnty. Small Cl. Local Rule LR02-TR4-205
Service of Claims and Counterclaims
(A) Notice of Claim. A defendant shall be served with a Notice of Claim
consistent with the provisions of Ind. Trial Rule 4.1 through Ind. Trial Rule
4.17, at least ten (10) days prior to the scheduled hearing on the claims
calendar, and twenty (20) days prior to the scheduled hearing on the trial
calendar.
(B) Notice of Counterclaim. A plaintiff shall be served with a Notice of
Counterclaim consistent with the provisions of Ind. Trial Rule 5, at least
twenty (20) days prior to the scheduled hearing on the claims calendar or
trial calendar.
(C) Petition for Emergency Possessory Order. A Notice of Claim and Verified
Petition for Emergency Possessory Order may be served on a defendant
fewer than twenty (20) days before the emergency possession hearing.
Service of the Notice of Claim and Verified Petition for Emergency
Possessory Order shall be done consistent with the provisions of Ind. Trial
Rule 4.1 through Ind. Trial Rule 4.17.
(D) Failure to Timely Serve a Notice of Claim or Notice of Counterclaim.
1. A party is entitled to a continuance of a trial if they have not been
timely served with a Notice of Claim or Notice of Counterclaim.
2. No default judgment shall be granted on a claim if the defendant
has not been timely served with the Notice of Claim.
3. No default judgment shall be granted on a counterclaim if the
plaintiff has not been timely served with the Notice ofCounterclaim.
Adopted effective June 1, 2020.
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-02-allen-local-rules-2016-02-01
- Content hash
5fb6d54a171af42109399d1cadf6476de5a9a9a31f4cf8a03a2d431357791f3b
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