§ 33-32-2-10 — Required mailings

Indiana § 33-32-2-10

• Jurisdiction: Indiana
• Art. 32: CIRCUIT COURT CLERKS
• Ch. 2: General Powers and Duties

Text

Note: This version of section amended by P.L.41-2015, SEC.1. See
also following version of this section amended by P.L.191-2015,
SEC.11.
Sec. 10. (a) The following definitions apply
throughout this section:
(1) "Initial mailing" means the service of a complaint, pleading,
or similar document on a party upon the commencement of an
action. The term does not include any subsequent service,
including subsequent service on a party who could have been or
should have been served at the commencement of the action.
(2) "Registered or certified mail" includes any means of delivery
that provides a return receipt.
(b) This section applies whenever the clerk is required to send by
registered or certified mail a document filed with a court.
(c) The initial mailing of the document by registered or certified
mail sent:
(1) to not more than two (2) parties who are required to receive
the mailing; and
(2) to only one (1) of the party's addresses;
shall be paid out of court costs and fees collected under IC 33-37.
(d) If a person requests the clerk to send a mailing by registered or
certified mail after the initial mailing described in subsection (c) or to
an additional person or party beyond the two (2) parties described in
subsection (c), the person shall provide the clerk with the following:
(1) An envelope with sufficient postage affixed, addressed to the
recipient with the address of the clerk's office as the return
address.
(2) The United States Postal Service or other forms for registered
or certified mail. If return receipt is requested, the forms must be
completed so that the clerk's office receives the return receipt.
(3) The United States Postal Service or other fee for the
appropriate service by registered or certified mail and return
receipt, if requested.
The clerk may not collect any additional fee for sending a mailing.
(e) In a county where court postage costs are paid by the clerk's
office, the amount collected by the clerk for additional mailings by
registered or certified mail shall be deposited into the clerk's record
perpetuation fund established under IC 33-37-5-2. In a county where
court postage costs are paid out of the county general fund, the amount
collected by the clerk for additional mailings by registered or certified
mail shall be returned to the county general fund.

Legislative History

As added by P.L.78-2014, SEC.6. Amended by P.L.41-2015, SEC.1.