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Indiana

Frequently Asked Questions

If your question is not answered here, please download Indiana Courts FAQs or contact us at info@fileandservexpress.com

  • Q1: Do any Courts in Indiana currently require eFiling?

    Yes. The following Indiana courts have already mandated eFiling – for either Initial and Subsequent eFiling OR Subsequent eFiling Only.

    Courts with Mandatory eFiling:

    http://www.in.gov/judiciary/4329.htm

  • Q2. Do any Courts in Indiana currently permit eFiling, but have not yet mandated eFiling?

    Yes. The following Indiana trial courts currently permit eFiling, but have not yet mandated eFiling.

    Trial Courts with Voluntary eFiling Available:

    http://www.in.gov/judiciary/4329.htm

  • Q3: When will other Indiana Courts permit or mandate eFiling?

    The following courts have an upcoming go live date for voluntary and/or mandatory eFiling. When efiling becomes mandatory, it will only be required for attorneys (not unrepresented litigants) and only in subsequent filings, meaning cases that have already been opened with the court. On and after the “Voluntary” date listed, Trial Rule 86 shall govern any documents filed in the courts listed below for those who choose to eFile using the Indiana eFiling System.

    http://www.in.gov/judiciary/4273.htm

  • Q4. Will eFiling be required for all case types?

    No. EFiling in the trial courts is governed by Trial Rule 86 and is limited to certain case types:

    http://www.in.gov/judiciary/4329.htm

  • Q5. How much does it cost to eFile documents?

    Initial pricing for the File & Serve Indiana:

    eFile Only eServe Only eFile & eServe
    All non-asbestos cases $2.99 $2.99 $2.99
    Asbestos cases (exempted from statewide system for eService only) FREE $12.00 via File & ServeXpress N/A for asbestos cases
  • Q6. Why should I use File & Serve Indiana?

    With over 25 years’ experience in eFiling and eService, we were the first in the industry to bring eFiling to the legal community. We have a permanent document repository. Convenient monthly invoicing. Concierge Service support.

  • Q7. How does electronic filing work?

    • If you have filed into an eFile Indiana Court that is integrated with Tyler, then you have a user name and password; you can use that user name and password to login to File & Serve Indiana. (This will NOT be the same login as your File & ServeXpress user name.)

    • If you do not have an eFile Indiana user name and password, please go to https://fileandserveindiana.com/User/Index and select Register with E-mail.

    • With each filing you provide the necessary case information and upload your documents. You may file several documents in a filing and each document can have multiple exhibits. The filing fees will be automatically attached to the filing, and you will be billed within thirty (30) days.

    • Per Trial Rule 86, section J, if your filing is submitted before midnight, the documents are deemed filed that day, and compliance with filing deadlines is determined in accordance with the time zone in the location of the court where the case is filed. If submitted after midnight, the documents are deemed filed the next business day. You are notified via the File & Serve Indiana System of the disposition of the filing.

  • Q8. Can I submit discovery documents to the File & Serve Indiana website?

    Yes, you may submit discovery documents or other serve-only documents to via the File & Serve Indiana website. These documents will be served onto the registered parties in the case and available for viewing on the File & Serve Indiana website. The viewing of discovery documents is restricted to parties in the case with a valid login.

  • Q9. What are the technical requirements to use the File & Serve Indiana website?

    • A computer (either PC or Mac) with internet access.
    • A scanner: this is not required but recommended if you need to scan paper documents.
    • An internet connection and a browser. Currently, only Internet Explorer (Version 6 or greater) is supported.
    • To view case documents, you need to download and install Adobe Reader. This free reader can be downloaded from Adobe's website.
    • To post documents to the website, they must be in PDF format.

  • Q10. Do I need a login to file documents?

    • Yes, you need a login.
    • You can obtain a login and password online directly by visiting the File & Serve Indiana website: https://fileandserveindiana.com/User/Indexf – and select Register with E-mail.
    • Registration must be made in the name of the attorney, or in your name if you are representing yourself.
    • Legal assistants and other team members can add their email address on the registration form to receive a copy of all emails from the Court.
    • Each attorney who is going to file in a case should have his or her own login.

  • Q11. How do I file a document that requires a signature?

    Per Trial Rule 86, section I:


    1. All documents electronically filed that require a signature must include a person’s signature using one of the following methods:

      1. a graphic image of a handwritten signature, including an actual signature on a scanned document; or
      2. the indicator “/s/” followed by the person’s name.
    2. A document that is signed and Efiled must be subject to the terms and provisions of Trial Rule 11(A). A Registered User may include the Signature of other attorneys in documents Efiled with the court but in doing so represents to the court that any such Signature is authorized.

  • Q12. How do I handle a summons?

    Per Trial Rule 86, section G:

    Service of Pleading and Other Papers:

    1. Except as otherwise provided in this Rule, all process shall be served in accordance with Trial Rules 4 and 4.1 through 4.17.

    2. Issuance of Summons and Service of Initial Complaint or Equivalent Pleading.

      1. At the time the initial complaint or equivalent pleading is filed, the filer shall also file completed summons(es) designating the manner of service. The Clerk shall date, sign and seal the summons(es) and transmit the summons(es) to the filer for service.

      2. The filer shall serve the initial complaint or equivalent pleading and the summons upon all parties in the manner provided in Trial Rules 4.1 through 4.14.

      3. In the event of service by registered or certified mail, or other public means by which a written acknowledgement of receipt may be requested and obtained, or first class mail (as provided in Trial Rule 4.1(B)) the filer shall promptly transmit to the Clerk a dated and signed Certificate of Issuance of Summons specifying the method of service with respect to each party, the date of mailing, address of each party, and tracking or identifying number for each summons.

      4. All returns regarding service shall be directed and made to the Clerk.

        1. If service was issued under Trial Rule 4.1(A)(1), the filer shall note the case number on each return receipt or equivalent form. If service by mailing or other public means is returned without acceptance, the Clerk shall reissue the summons(es) and complaint or other equivalent pleading for services as requested by the person seeking service.

        2. If service was made by the filer personally delivering the summons and complaint or equivalent pleading to a party under Trial Rule 4.1(A)(2), the served party shall execute an acknowledgment of service that the filer shall promptly transmit to the Clerk. If the served party fails to execute an acknowledgement of service, the filer shall promptly execute and transmit a dated and signed Affidavit of Service to the Clerk.

        3. If service was made by the filer leaving a copy of the summons and complaint or equivalent pleading at the dwelling house or usual place of abode of the party under Trial Rule 4.1(A)(3), the filer shall complete service as required by Trial Rule 4.1(B) and promptly transmit a dated and signed Affidavit of Service to the Clerk.

        4. If service was made by Sheriff or other authorized police officer, constable or appointed process server, the person making service shall promptly make his or her return upon or attach it to a copy of the summons and deliver it to the Clerk, all as provided in Trial Rule 4.15(A).

      5. For service by publication the filer, in addition to filing the complaint or equivalent pleading and summons(es) designating service by publication, shall also transmit an affidavit for service by publication to the Clerk as provided in Trial Rule 4.13. The Clerk shall transmit to the filer dated, signed and sealed summons(es) by publication. The filer shall deliver the summons(es) to the publication authorized by Trial Rule 4.13(C), with instructions that after the completion of the period of publication the return shall be sent to the Clerk.
  • Q13. How do I handle large exhibits?

    • If the electronic file of an exhibit is not available, it should be scanned to PDF format and eFiled. If the file size is very large (lead doc over 25 MB, envelope over 35 MB), you can make arrangements with File & Serve Indiana to have it uploaded on your behalf.

    • Whenever possible, upload individual exhibits as separate files rather than lump them into one very large file. When you scan, use a low resolution (100dpi) so the resulting file will be smaller.

  • Q14. What happens after my filing is submitted to the Court?

    • After you submit a filing to the Court, it is reviewed by the Clerk. The Clerk can accept or reject any of the documents in the filing. Once a disposition has been made, you are notified by an email message.

    • Each document is either accepted or rejected. If a document is rejected, the reason for the rejection is indicated. If a document is accepted, it is endorsed by the Court.

    • A proof of service for all documents served electronically is generated by the eFiling system and endorsed by the Court.

  • Q15. How do I select the correct document type when I file?

    When you file, you are asked to select the type of document you are filing. The Court has hundreds of document types and selecting the correct one can be difficult. If you are hesitating between several types, either call the Court Clerk or select the type with the highest fee. When the Clerk reviews your filing, s/he can lower the fee and change the type, if appropriate.

  • Q16. How does eService work?

    eService is the service of documents onto parties via the File & Serve Indiana secure and encrypted system. After you submit a document, you can select the eService option to immediately serve the parties or attorneys in the case, electronically.

  • Q17. How do I become part of the eService list in a case?

    Each case has a list of “service contacts” who can be selected for eService on any file-and-serve or service-only filing. Filers can add people to the case service contact list by selecting desired recipients from the firm service contact directory or from the Public Service List. A service contact is a person for whom an email address and other identifying information has been entered into the Indiana eFiling system by a registered user.


    • A “firm service contact” is associated in the eFiling system with an attorney, organization, or law firm.

    • A “public service contact” is listed on the Public Service List for purposes of eService. A registered user may add a service contact to the Public Service List only if authorized by the service contact.

    • The “Public Service List” is a directory of public service contacts who are available for eservice.

  • Q18. How do I find someone on the Public Service List?

    You must be filing in a case in order to search the Public Service List. When adding a service contact to a party on a case, select “Add from public list” from the Actions menu.


    • Search for the service contact by name, email address, or firm name

    • Partial entries are OK – e.g., you can type “indy.gov” in the email address field to search for anybody with an email address in the @indy.gov domain, or “atg.in.gov” to search for people in the Office of the Indiana Attorney General.

  • Q19. How is someone added to the Public Service List?

    Firm administrators add firm service contacts to the Public Service List. Firm administrators may only add a firm service contact to the Public Service List with the service contact’s express authorization. Firm administrators may not add someone from outside of their firm to the Public Service List.

  • Q20. How can I serve my opposing counsel or unrepresented party if they are not on the Public Service List?

    You must serve conventionally all parties and attorneys who are not on the Public Service List. Even if you have the other person’s email address, you may not add service recipients to the Public Service List without their express authorization or if they are outside of your firm.

  • Q21. Can my colleague (e.g., paralegal or assistant) receive a copy when I am eServed in a case?

    Yes, there are multiple ways to do this. For someone to receive a courtesy copy of every filing that is eServed on you, firm administrators may edit a service contact to enter one or more email addresses to receive an “administrative copy” of every document sent to the service contact. For someone to receive a courtesy copy of filings eServed on you on a case-by-case basis, users can add any firm service contact to the service list for a case.

    • Firms may want to have different service contacts for specific practice areas or case types.
    • These service contacts will, by default, receive a copy of every subsequent filing on the case, even filings by other parties.

  • Q22. Can I eFile a confidential document?

    Yes. With any filing, whether conventional or electronic, filers must consider whether they are filing:

    • Confidential information that is relevant to the disposition of a matter available for public access
    • Confidential information that is not relevant to the disposition of a matter available for public access; or
    • Confidential information in a case that is excluded from public access pursuant to Admin. R. 9(G)(1). Filers must submit a Notice of Exclusion of Confidential Information in the first two situations, but not in the third. See Admin. R. 9, App. R. 23, Tax Ct. R. 3, http://courts.in.gov/4313.htm

  • Q23. What about the proof of service?

    See Q12 re: Issuance of Summons and Service of Initial Complaint or Equivalent Pleading, per Trial Rule 86, section G.

    Per Trial Rule 86, section G (3): Service of Subsequent Pleadings


    1. Service on Registered Users. Registered Users must serve all documents in a case upon every other party who is a Registered User through eService using the Indiana eFiling System. EService has the same legal effect as service of an original paper document. EService of a document through the Indiana eFiling System is deemed complete upon transmission, as confirmed by the Notice of Electronic Filing associated with the document. Exempt parties must serve all documents in a case as provided by Trial Rules 4 or 5.

    2. Service on Others. Trial Rules 4 and 5 shall govern service of documents on attorneys of record and on unrepresented parties who are not Registered Users.

  • Q24. How do I pay for my filings?

    • The eFile Indiana system requires payment by credit card.

    • If you prefer monthly billing, File & Serve Indiana can accommodate this request. You will be invoiced every thirty (30) days for all costs and fees associated with the filling. Please contact Customer Support for details on how to register for monthly billing: 888.529.7587.

    • If your document is rejected by the Clerk, the Court filing fees and the processing fees are not charged.

  • Q25. How do I update my user profile?

    • Log-in to system at https://fileandserveindiana.com/User/Index Click on User Profile dropdown and select "My Information," where you can update your name and email address.

    • To update your password, select “change password” from the dropdown menu.

    • Firm administrators can update credit card information by selecting “Payment Accounts” from the dropdown menu and selecting “Add Account.”

  • Q26. How can I get help with technical problems?

    1. You can get client support by contacting File & ServeXpress Support: 888.529.7587 We can be reached Monday to Friday from 6 AM to 12:30 AM CT.

    2. If you are a new user, please register for a training class or read the user guides available on the File & Serve Indiana microsite: http://fileandservexpress.com/Indiana/training.html#trainingwebinars.

  • Q27. What do I do about oversized document files?

    If it's possible to break your document into pieces, submitting "Part 1, Part 2, etc." allows viewers to read your document without long download times. This technique is recommended for long appendices.

  • Q28. Can I get assistance with filing documents?

    File & Serve is pleased to help you with your eFiling needs. We offer the following services to eFile and/or eServe your documents on your behalf:

    Concierge Service*

    • For filing requests submitted between 9:00 AM CT and 7:00 PM CT on a business day.

    • EFiling of the document to be completed by 11:59 PM CT of the same business day.

    • Your filing will be completed as it is indicated on this form, and exactly as the documents are sent to us; File & Serve will not modify your documents.

    Concierge Add-on Services:
    After Hours & Weekends

    • For filing requests submitted between 7:00 PM CT and 11:00 PM CT on a business day or anytime on a holiday, Saturday or Sunday.

    • Customer must contact Customer Support, toll free at (888) 529-7587.

    • File & Serve will do everything possible to eFile your document with the Court on the same business day, but cannot guarantee filing on the same business day; if File & Serve cannot file your document on the same business day, it will be eFiled with the Court on the following business day by 11:59 PM CT.

    • Your filing will be completed as it is indicated on this form, and exactly as the documents are sent to us; File & Serve will not modify your documents.

    Document Assembly

    • For filing requests submitted between 9:00 AM CT and 4:00 PM CT on a business day.

    • EFiling of the document to be completed by 11:59 PM CT of the same business day.

    • File & Serve will do everything possible to eFile your document with the Court on the same business day, but cannot guarantee filing on the same business day; if File & Serve cannot file your document on the same business day, it will be eFiled with the Court on the following business day by 11:59 PM CT.

    • File & Serve will then eFile the properly formatted document appropriately and securely on the Customer’s behalf directly with the appropriate Indiana court where File & Serve is an approved EFSP.

    • Your filing will be completed as it is indicated on this form, and exactly as the documents are sent to us.

    • File & Serve will only modify your documents, as needed, in the following respects:

      1. Order pages appropriately;

      2. Convert document to a PDF and make it text searchable;

      3. Add bookmarking.

    * Your firm must complete a Concierge Form and have a Concierge Services Agreement on file with File & Serve otherwise File & Serve cannot file your documents on your behalf unless File & Serve is eFiling on your behalf due to a documented technical support issue.

  • Q29. How much does the Concierge Service cost?
    Concierge Service* $30
    After Hours & Weekend Concierge Service* $50.00
    Concierge Services + Document Assembly* $50.00 (Available on a business day from 9:00AM CT to 4:00PM CT)

    *Plus all court fees and all applicable taxes and fees.

  • Q30. Are there any special processes for confidential documents?

    Yes – confidential documents are addressed in Trial Rule 86. But please refer to your local court rules for confirmation of the local practice:

    (M) Certain Court Records Excluded From Public Access.

    • (1) Procedures for Excluding Court Records From Public Access. Any User filing a Court Record that is to be excluded from Public Access must do so in accordance with the following procedures:
    •  
    • (a) Notice to maintain exclusion from Public Access.
    •  
    • (i) In cases where the Court Record is excluded from Public Access pursuant to Administrative Rule 9(G)(1)(b,c), 9(G)(2), 9(G)(3), or 9(G)(4), the party or person submitting the confidential record must provide the separate written notice required by Administrative Rule 9(G)(5)(a) identifying the specific 9(G)(2) or 9(G)(3) ground(s) upon which exclusion is based. (See Administrative Rule 9(G) Forms 9-G1 and 9-G2.)
    •  
    • (ii) In cases where all Court Records are excluded from Public Access in accordance with Administrative Rule 9(G)(1)(a), no notice of exclusion from Public Access is required.
    •  
    • (b) Public Access and Non-Public Access Versions. Where only a portion of the Court Record has been excluded from Public Access pursuant to Administrative Rule 9(G)(2) or 9(G)(3), the following requirements apply:
    •  
    • (i) Public Access Version.
    •  
    • a. If a document contains confidential Court Records to be excluded from Public Access, that confidential Court Record shall be omitted or redacted from this version.
    •  
    • b. The omission or redaction shall be indicated at the place it occurs in the Public Access version. If multiple pages are omitted, a separate place keeper insert must be inserted for each omitted page to keep PDF page numbering consistent throughout.
    •  
    • c. If the entire document is to be excluded from Public Access, the Administrative Rule 9(G)(5)(a) Notice filed with the document will serve as the Public Access Version.
    •  
    • (ii) Non-Public Access Version.
    •  
    • a. If the omitted or redacted Court Record is not necessary to the disposition of the case, the excluded Court Record need not be filed or tendered in any form and only the Public Access version is required. The Administrative Rule 9(G)(5)(a) Notice shall indicate this fact. (See Administrative Rule 9(G) Form 9-G3.)
    •  
    • b. If the omitted or redacted Court Record is necessary to the disposition of the case, the excluded Court Record must be separately filed or tendered as follows.
    •  
    • 1. The first page of the Non-Public Access Version shall be conspicuously marked “Not for Public Access” or “Confidential,” with the caption and number of the case clearly designated.
    •  
    • 2. The separately filed Non-Public Access version shall consist of a complete, consecutively-paginated replication including both the Public Access material and the Non-Public Access material.
    •  
    • 3. Use of green paper is abolished for eFiling. Pages in the Non-Public Access version containing Court Records that are excluded from Public Access shall instead be identified with a header, label, or stamp that states, “CONFIDENTIAL PER A.R. 9(G)” or “EXCLUDED FROM PUBLIC ACCESS PER A.R. 9(G).”
    •  
    • (iii) The requirements in Rule 86(M)(1)(b) do not apply to cases in which all Court Records are excluded from Public Access pursuant to Administrative Rule 9(G)(1).

    • (2) efiling document security codes settings.
    •  
    • (a) Where only a portion of the Court Record has been excluded from Public Access pursuant to Administrative Rule 9(G)(2) or 9(G)(3), the eFiling document security codes setting for the Public Access Version shall be “Public Document.”
    •  
    • (b) Where only a portion of the Court Record has been excluded from Public Access pursuant to Administrative Rule 9(G)(2) or 9(G)(3), the eFiling document security codes setting for the Non-Public Access Version shall be “Confidential document under Admin Rule 9.”
    •  
    • (c) In cases in which all Court Records are excluded from Public Access pursuant to Administrative Rule 9(G)(1), the eFiling document security codes setting shall be “Confidential document under Admin Rule 9.”

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