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How to File a Civil Case

To file a civil case in the Marion County Circuit and Superior Civil Division Courts the following is required:

Complaint-Petition:

  1. Court's File: original and one (1) copy.
  2. Service: one (1) per defendant served.
  3. Attorney's or Pro se File: one (1) copy.

Service of Summons-Orders Per Defendant:

A.  Service:

  • By Sheriff or Certified Mail: Original and three (3) copies of the Summons. 
  • By the Secretary of State: Original and four (4) copies of the Summons. 
  • All papers served that are signed by the Judge require two (2) copies.  Any motion or other pleadings served with summons and orders require one (1) copy.

B.  Attorney or Pro se File: one (1) copy.

C.  Clerk's Envelope addressed for Certified Mail or out of county Sheriff service including a completed green card and certified mail receipt.

D.  Family Law Case requires the new Domestic Relations Summons.

E.  In divorce cases where children are involved, both parties must be served along with the Visiting Nurses Brochure.

F.  Court's file: Original of all pleadings.  Check with each court to determine how many copies of Motions and Orders they require.

G.  Appearance Form: one (1) copy.

Miscellaneous Information:

An Initiating Party Appearance Form is required for any new filing.  Make sure the Case Type information is complete.  Required is an original and one (1) copy.  Add an additional copy for each defendant which needs to be served.

A $10 check per defendant for service through the Office of the Secretary of State made payable to that institution.  Service through Secretary of State's Office also requires two (2) Praecipes for Service upon the Secretary of State per defendant.

Bank Interrogatories require a $5 check per defendant made payable to that financial institution.

In all relevant Family Law matters, the moving party should prepare and serve a Financial Declaration form with the initial filing of the action.

Please Note:

All pleadings and exhibits must be on 8 ½ x 11-inch paper.

The attorney's Supreme Court identification number must be on all pleadings and summons.

The fee to file most civil cases is $136 per filing + $10 for each additional defendant other than the first named defendant and must be paid at the time of filing.  The fee for Domestic Relations (Divorce) cases is $156 per filing.  Pro Se filings must pay with either a money order or cash.

Service by Sheriff Fee is a one-time fee of $13 per case.  Check or money order should be made payable to the County Sheriff serving the papers.

Please feel free to contact our office with any questions by calling (317) 327-4748 or (317) 327-4724.

 
 

Last Updated: 7/10/2008 |  Print This Page | Email to Friend

 

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