Indiana Notice - served with Complaint and Summons

State:
Multi-State
Control #:
US-01237
Format:
Word; 
Rich Text
Instant download

Description

This is an instructive Notice meant to accompany a summons and complaint initiating civil litigation. The Notice informs the defendant of the proper actions to take regarding the complaint and the consequences of not following the proper procedure in responding.
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FAQ

A subpoena may be served by the sheriff or his deputy, a party or any person. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person. Service may be made in the same manner as provided in Rule 4.1, Rule 4.16 and Rule 5(B).

Indiana Trial Rule 6(C) provides an initial 20-days for individuals to respond to a summons and complaint. The key here is that the clock starts to run from when the summons and complaint were received. Not the date they were filed with the court.

A written admission stating the date and place of service, signed by the person being served, may be filed with the clerk who shall file it with the pleadings. Such admission shall become a part of the record, constitute evidence of proper service, and shall be allowed as evidence in any action or proceeding.

On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.

But, now that you filed the lawsuit, you have to let the defendant know formally that you are suing. This is called "service". You have to have all papers "served" on every party in the whole lawsuit. To start your case, you have to have the defendant served with a Summons, Complaint and Civil Lawsuit Notice.

A plaintiff must inform defendants about a complaint filed against them. This is called service of process. Generally, a lawsuit must be filed in the jurisdiction where the defendant resides or where the claim arose.

Alternative dispute resolution (ADR): Methods of resolving disputes out of court, including mediation and arbitration. answer: a defendant's response to a plaintiff's initial court filing (called a complaint or petition).

Typically, a defendant will respond to a complaint one of two ways: by filing a motion to dismiss or an answer, sometimes including affirmative defenses, counter-claims, cross-claims and/or third party claims as part of the answer.

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Indiana Notice - served with Complaint and Summons