Ind. Elkhart Cnty. Local Rule LR20-TR4-414

414.1. Summons, Complaint, and Appearance

Summons: Dissolution of Marriage with Children, Required Summons DC

Summons: Dissolution of Marriage without Children, Required Summons DN

Summons: Paternity Required, Summons JP

A Family Court Brochure, or other Court-approved document explaining basic Court functions, is

required to be attached to all Summons when mailed.

The party filing the initial pleadings (summons, complaint, appearance, etc.) shall (unless exempted) file

by way of the Indiana E-Filing System and pursuant to Trial Rules 4 and 86.

A. By Certified Mail, Private Process, Sheriff (excluding the Elkhart County Sheriff), Publication,

other Methods. The initiating party must file a Certificate of Issuance of Summons as set forth in

section B of this Rule, below. If the certified mail service of process is utilized, the initiating party

must cause the return receipt card to be returned to the initiating party, not returned to the Clerk.

B. By Elkhart County Sheriff. Once the signed Summons is returned from the Clerk and the fee for

Service of Process by Sheriff has been paid to the Clerk, it is the initiating party’s obligation to

deliver the document(s) to the Elkhart County Sheriff to be served. It is the requesting party’s

responsibility to provide the Elkhart County Sheriff with three copies of any document(s) to be

served along with proof of payment for this service. Documents may be hand-delivered or mailed

to the Elkhart County Sheriff. See Trial Rule 4.12.

Once the document(s) are served by the Elkhart County Sheriff, the Elkhart County Sheriff shall forward

the document(s) to the Clerk for entry into the Chronological Case Summary.

If the Elkhart County Sheriff service method is utilized, the initiating party is not required to file a Return

of Service.

414.2. Certificate of Issuance of Summons. See Trial Rule 86(G)(2)

Once service is initiated, a Certificate of Issuance of Summons must be filed. Certificate of Issuance of

Summons

414.3. Return of Service

After proof of service is returned to the initiating party, a Return of Service must be filed so that it will

appear on the Chronological Case Summary. Note: if e-filing the Return of Service, the filer must specify

in the comment field the name of the document(s), the party’s name on whom service was attempted, and

an indication whether service was served or not served.

414.4. Serving Non-Registered Persons

A person who has not registered or otherwise cannot access the Indiana E Filing System (IEFS) but who is

entitled to service of a paper or pleading in a matter shall be served in accordance with Trial Rule 4.

414.5. Method of Service on items other than Summons

Counsel or an unrepresented party submitting a motion, petition, notice, pleading or proposed order shall

indicate the method of service of process.

414.6. Service by the Clerk

Whenever the Clerk is required by rule or statute to give notice, the party or parties requesting such notice

shall furnish the Clerk with sufficient copies of the notice to be given, along with stamped, addressed

envelopes with the names and the addresses of the parties or their counsel to whom such notice is to be

given.

414.7. Service

Parties are required to demonstrate that service was affected by the manner most likely to ensure actual

notice to the person or entity served.

414.8. Documents

The official record of any document submitted is the electronic version of the document, the Clerk shall

convert any paper document submitted to an electronic version as soon as same is received by the Clerk.