Indiana § 33-32-2-10 - Required mailings

§ 33-32-2-10. Required mailings

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.

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

IC 33-32-2-10Use of registered or certified mail Note: This version of section amended by P.L.191-2015, SEC.11. See also preceding version of this section amended by P.L.41-2015, SEC.1.

Sec. 10. (a) This section applies whenever the clerk is required to send by registered or certified mail a document filed with a court.

(b) The initial mailing of the document by registered or certified mail sent:

(1) to each party who is 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.

(c) If a person requests the clerk to send any mailing by registered or certified mail after the initial mailing described in subsection (b), 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 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 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.

As added by P.L.78-2014, SEC.6. Amended by P.L.191-2015, SEC.11.