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ICLEF Contributes $2500 to the Indianapolis Bar Foundation

ICLEF is pleased to announce a contribution of $2500 to the Indianapolis Bar Foundation in support of the Neil E. Shook Scholarship Fund.  The Indianapolis Bar Foundation website lists the Neil E. Shook Scholarship as being available to 2nd year Robert H. McKinney School of Law students who exhibit the following characteristics: 1. academic proficiency; 2. interest in creditors’ rights and bankruptcy law; 3. financial need; 4. exceptional leader­ship skills; 5. demonstrated commitment to excellence; 6. proponent of civility in the legal profession.

We are delighted to be able to provide financial support to this important scholarship fund.

Click here if you would like to make a donation to the Indianapolis Bar Foundation.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Family Law Case Review 2/25/11

Case: Stephanie L. Cotton v. Charles C. Cotton

Case Summary by Mike Kohlhaas, Bingham McHale LLP

HELD: To comply with the Indiana Trial Rules and Due Process, the summons served with a petition for dissolution of marriage must include a clear statement to the Respondent of the risk of default for failure to appear or otherwise respond.

FACTS AND PROCEDURAL HISTORY:

Husband and Wife married in 2002. In March 2009, Husband filed a petition for dissolution of marriage. Wife was served with a summons and copy of the petition, but she did not appear personally or by counsel, nor did she respond to the petition. Husband continued to live in the marital residence for five months after filing, leading Wife to believe that the parties were working on reconciliation and that Husband was not pushing finalization of the dissolution.

However, in September 2009, Husband and his counsel attended a final hearing. Wife had not appeared personally or by counsel, and she received no notice of the final hearing. In Wife’s absence, and following only Husband’s testimony, the trial court defaulted Wife and entered a final dissolution decree that included an award of joint legal and physical custody of the parties’ son, and divided the marital estate. Wife subsequently learned of the Decree, hired counsel, and filed a T.R. 60 motion to set aside the Decree, which was denied. Wife appealed.

On appeal, Wife contended that the Decree was void because it was entered without personal jurisdiction over her, due to insufficiency of process; specifically, the summons used by Husband included language to Wife that she “may personally appear” and that “[y]ou must appear before the Court if directed to do so pursuant to a Notice, Order of the Court, or Subpoena,” but no language articulating a risk of default for doing nothing. In reviewing the summons, the Court of Appeals summarized the applicable law of insufficiency of process, and concluded: “We hold that due process requires that, at a minimum, a respondent in a dissolution proceeding be notified of the risk of default for failure to appear or otherwise respond.”

In this instance, the subject summons presented Wife with the option of appearing or responding to the petition, but did not provide notice to her that the trial court could take further and final action without further notice to her. The Court of Appeals added, “the command of Trial Rule 4(C)(5), grounded in due process, is that the respondent in a dissolution proceeding must be given notice in a ‘clear statement’ of the risk of default for failure to appear or other respond . . . ” Concluding that the subject summons did not comply with Trial Rule 4(C)(5), or the Due Process Clause, the dissolution decree was reversed and remanded for further proceedings.

To view the text of this opinion in its entirety, click here: Stephanie L. Cotton v. Charles C. Cotton

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Jump Start 2015 with ICLEF!

New ICLEF Seminars to help you jump start your year!

Sealing/Excluding Court Documents in Indiana: New Administrative Rule 9(G)
1 CLE –  January 16, 2015 - This program is no longer available as a Live In-Person Seminar. However, you can still view the Video Replay, the On Demand Video or purchase the Publication of this Seminar by Clicking Here (Coming Soon)

The Business Prenup: 5 Big Questions to Consider with Your Client Before Entering Into a Buy-Sell Agreement
1 CLE –  January 29, 2015
Live In-Person: ICLEF Conference Facility, Indianapolis
Live Individual WebcastFrom your home or office computer

Estate Planning for Gray Divorces
1 CLE –  January 30, 2015
Live In-Person: ICLEF Conference Facility, Indianapolis
Live Individual WebcastFrom your home or office computer

The OWBPA: Older Worker’s Benefit Protection Act
1 CLE –  February 5, 2015
Live In-Person: ICLEF Conference Facility, Indianapolis
Live Individual WebcastFrom your home or office computer

Covenants Not To Compete and Trade Secrets
3 CLE –  February 18, 2015
Live In-Person: ICLEF Conference Facility, Indianapolis
Live Individual WebcastFrom your home or office computer

Products Liability Cases
3 CLE –  February 25, 2015
Live In-Person: ICLEF Conference Facility, Indianapolis
Live Individual WebcastFrom your home or office computer

18th Annual TASC: Trial Advocacy Skills College
28 CLE / 3 E –  March 19-22, 2015
Live In-Person Only: Robert H. McKinney School of Law, Indianapolis

37th Annual Judge Robert H. Staton Indiana Law Update
12 CLE / 1 E –  September 9-10, 2015  Early Bird Registration Price Available Until April 20th!
Live In-Person: Indianapolis Convention Center, Indianapolis
Live Group Webcast: Radisson Star, Merrillville
Live Individual Webcasts of Day 1 & 2From your home or office computer

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN
A Nonprofit Organization

 

 

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The Essentials of Family Law (with practice forms) – December 12

Whether you are new to the area of family law or a seasoned lawyer who occasionally takes a family law case, this seminar is a good place to start off right.  Our Program Chair Andrew Bloch from the Muncie firm Beasley & Gilkison has put together a faculty that consists of experienced attorneys as well as magistrates from various central Indiana jurisdictions.

Join us for a full day of essential information as well as tips from these leading experts in the area of family law.

THE ESSENTIALS OF FAMILY LAW (With Practice Forms)
6 CLE / 1.5 CME – Friday, December 12   9:00 A.M. – 4:30 P.M.

LIVE IN-PERSON SEMINAR
- ICLEF Conference Facility, Indianapolis

LIVE INDIVIDUAL WEBCAST
- From your home or office computer

VIDEO REPLAY SEMINARS
- Available statewide after Live date

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