610 IAC 11-1-7 - Service and filing of pleadings and other documents

Authority: IC 22-6-6-11

Affected: IC 4-21.5-3-1; IC 22-6-6

Sec. 7.

(a) This section supplements the requirements contained in IC 4-21.5-3-1.

(b) Unless otherwise provided by this rule or by statute, each party shall be served with the following:

(1) Every order required by its terms to be served.

(2) Every document filed.

(3) Every paper relating to discovery required to be served upon a party.

(c) Whenever a party is represented by an attorney of record, service shall be made upon the attorney.

(d) Except as provided in subsection (e) or as otherwise provided by law, a person shall serve papers by:

(1) United States mail;

(2) personal service;

(3) electronic mail; or

(4) any method approved by the Indiana Rules of Trial Procedure or IC 4-21.5.

(e) The following shall be served by United States mail or personal service:

(1) the initial notice of hearing; and

(2) the final administrative order;

issued under section 5 of this rule.

(f) When a document is served by personal service, it shall be served by:

(1) handing it to the attorney or party; or

(2) leaving it at the attorney's or party's address of record with a clerk or other person in charge thereof, or if there is no one in charge, leaving it in a conspicuous place therein.

(g) If service is made by mail, the papers shall be deposited in the United States mail, or with any third-party commercial carrier, properly addressed to the person on whom they are being served, with postage prepaid. Service shall be deemed complete upon mailing. Proof of service of all papers permitted to be mailed may be made by written acknowledgment of service, by affidavit of the person who mailed the papers, or by certificate of an attorney.

(h) If service is made by electronic mail, it shall be sent to the electronic mail address designated by the party.

(i) When an attorney enters an appearance in a proceeding or files pleadings or papers therein, the attorney shall include the attorney's address, telephone number, and electronic mail address, if applicable. Service by delivery or by mail at the attorney's address shall be deemed sufficient and complete.

(j) Pleadings and other papers shall be signed by the party or the party's attorney. Such signing constitutes a representation by the signer that the signer has read the document and that, to the best of the signer's knowledge, information, and belief the statements made therein are true and the document is not interposed for delay.

Notes

610 IAC 11-1-7

Department of Labor; 610 IAC 11-1-7; filed Aug 3, 2012, 1:38 p.m.: 20120829-IR-610120190FRA, eff Sep 12, 2012 Readopted filed 11/21/2018, 12:10 p.m.: 20181219-IR-610180417RFA Readopted filed 12/30/2024, 12:04 p.m.: 20250122-IR-610230835RFA