IN · rules
Ind. Elkhart Cnty. Local Rule LR20-TR4-505
Service of Claims and Counterclaims
A. Notice of Claim. A defendant shall be served with a Notice of Claim consistent with the provisions
of Trial Rule 4.1 through 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 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 consistently with the provisions of 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 of Counterclaim.
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-21-elkhart-local-rules-2026-01-01
- Content hash
ca1edc5efc399649f98d4e550c49c3d7ff87d7de5db69bca8d5f1dc36fe3bbb9
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