INDIANA RULES OF CIVIL PROCEDURE
Introduction
In the state of Indiana, no process server license
is required. The plaintiff seeking
process service, or his/her attorney, may designate the person(s) to service
the summons. If not designated, the court
clerk may attempt service via United States Postal Service or other public
means provided the mailing address of the defendant is indicated in the
summons, or that it can be determined otherwise.
Table of Contents
Summons: Service on individuals
Summons: Service upon infant or incompetents
Summons: Service upon institutionalized
persons
Service upon persons in actions for acts done in
this state or having an effect in this state
Service upon organizations
Summons:
Service upon agent named by statute or agreement
Summons: Service of pleadings or summons on Attorney General
Service
Summons: In rem actions
Summons: Service upon Secretary of State or
other governmental agent
Summons: Registered or certified mail
Summons: Service by sheriff or other officer
Summons: Service by publication
Territorial limits and service under special
order
Summons: Proof of Service - Return - Amendments
Defects
Summons: Duties of persons to aid in service
Summons: Certain proceedings excepted
Service and Filing of Pleading and Other Papers
For Attendance of Witnesses - Form Issuance
For production of documentary evidence
Service
Subpoena for taking depositions - Place of
examination
Subpoena for a hearing or trial
Contempt
Tender of fees
Proof of service of subpoena Fees
PROCESS
1.
Jurisdiction Over
Parties or Persons - In General. The court acquires jurisdiction over a party
or person who under these rules commences or joins in the action, is served
with summons or enters an appearance, or who is subjected to the power of the
court under any other law.
2.
Preparation of
Summons and Praecipe. Contemporaneously with the filing of the complaint or
equivalent pleading, the person seeking service or his attorney shall promptly
prepare and furnish to the clerk as many copies of the complaint and summons as
are necessary. The clerk shall examine, date, sign, and affix his seal to the
summons and thereupon issue and deliver the papers to the appropriate person
for service. Affidavits, requests, and any other information relating to the
summons and its service as required or permitted by these rules shall be
included in a praecipe attached to or entered upon the summons. Such praecipe
shall be deemed to be a part of the summons for purposes of these rules.
Separate or additional summons shall, as provided by these rules, be issued by
the clerk at any time upon proper request of the person seeking service or his
attorney.
3.
Form of Summons.
The summons shall contain:
a.
The name and
address of the person on whom the service is to be effected;
b.
The name of the
court and the cause number assigned to the case;
c.
The title of the
case as shown by the complaint, but, if there are multiple parties, the title
may be shortened to include only the first named plaintiff and defendant with
an appropriate indication that there are additional parties;;
d.
The name, address,
and telephone number of the attorney for the person seeking service;
e.
The time within
which these rules require the person being served to respond, and a clear
statement that in case of his failure to do so, judgment by default may be
rendered against him for the relief demanded in the complaint. The summons may
also contain any additional information which will facilitate proper service.
4.
Designation of
Manner of Service. The person seeking service or his attorney may designate the
manner of service upon the summons. If not so designated, the clerk shall cause
service to be made by mail or other public means provided the mailing address
of the person to be served is indicated in the summons or can be determined. If
a mailing address is not furnished or cannot be determined or if service by
mail or other public means is returned without acceptance, the complaint and
summons shall promptly be delivered to the sheriff or his deputy who, unless
otherwise directed, shall serve the summons.
5.
Summons and
Complaint Served Together - Exceptions. The summons and complaint shall be
served together unless otherwise ordered by the court. When service of summons
is made by publication, the complaint shall not be published. When jurisdiction
over a party is dependent upon service of process by publication or by his
appearance, summons and complaint shall be deemed to have been served at the
end of the day of last required publication in the case of service by
publication, and at the time of appearance in jurisdiction acquired by
appearance. Whenever the summons and complaint are not served or published
together, the summons shall contain the full, unabbreviated title of the case.
SUMMONS:
SERVICE ON INDIVIDUALS
1.
In General.
Service may be made upon an individual, or an individual acting in a
representative capacity, by:
a.
sending a copy of
the summons and complaint by registered or certified mail or other public means
by which a written acknowledgment of receipt may be requested and obtained to
his residence, place of business or employment with return receipt requested
and returned showing receipt of the letter; or
b.
delivering a copy
of the summons and complaint to him personally; or
c.
sending a copy of
the summons and complaint by registered or certified mail or other public means
by which a written acknowledgment of receipt may be requested and obtained to
his residence, place of business or employment with return receipt requested
and returned showing receipt of the letter; or
d.
serving his agent
as provided by rule, statute or valid agreement. 2. Copy Service to Be Followed With Mail. Whenever service is made under
Clause (3) or (4) of subdivision (A), the person making the service also shall
send by first class mail, a copy of the summons without the complaint to the
last known address of the person being served, and this fact shall be shown
upon the return. Amended Dec. 7, 1970, effective Jan. 1, 1971.
SUMMONS:
SERVICE UPON INFANT OR INCOMPETENTS
1.
Service Upon
Infants. Service upon an individual known to be an infant shall be made upon
his next friend or guardian ad litem, if service is with respect to the same
action in which the infant is so represented. If there is no next friend or
guardian ad litem, service shall be made upon his court-appointed
representative if one is known and can be served within this state. If there is
no court-appointed representative, service shall be made upon either parent
known to have custody of the infant, or if there is no parent, upon a person
known to be standing in the position of custodian or parent. The infant shall
also be served if he is fourteen [14] years of age or older. In the event that
service, as provided above, is not possible, service shall be made on the
infant.
2.
Service Upon
Incompetents. Service upon an individual who has been adjudged to be of unsound
mind, otherwise incompetent or who is believed to be such shall be made upon
his next friend or guardian ad litem, if service is with respect to the same
action in which the incompetent is so represented. If there is no next friend
or guardian ad litem, service shall be made upon his court-appointed representative
if one is known and can be served within this state. If there is no
court-appointed representative, then upon the named party and also upon a
person known to be standing in the position of custodian of his person.3. Duty to Inform Court - Appearance. Nothing
herein is intended to affect the duty of a party to inform the court that a
person is an infant or incompetent. An appearance by a court-appointed
guardian, next friend or guardian ad litem or his attorney shall correct any
defect in service under this section unless such defect be challenged.
SUMMONS:
SERVICE UPON INSTITUTIONALIZED PERSONS
Delivering or
mailing a copy of the summons and complaint to the official in charge of the
institution shall make Service of summons upon a person who is imprisoned or
restrained in an institution. It shall be the duty of said official to
immediately deliver the summons and complaint to the person being served and
allow him to make provisions for adequate representation by counsel. The
official shall indicate upon the return whether the person has received the
summons and been allowed an opportunity to retain counsel.
SERVICE
UPON PERSONS IN ACTIONS FOR ACTS DONE IN THIS STATE OR HAVING AN EFFECT IN THIS
STATE
1.
Acts Serving as a
Basis for Jurisdiction. Any person or organization that is a nonresident of
this state, a resident of this state who has left the state, or a person whose
residence is unknown, submits to the jurisdiction of the courts of this state
as to any action arising from the following acts committed by him or her or his
or her agent:
a.
doing any business
in this state;
b.
causing personal
injury or property damage by an act or omission done within this state;
c.
causing personal
injury or property damage in this state by an occurrence, act or omission done
outside this state if he regularly does or solicits business or engages in any
other persistent course of conduct, or derives substantial revenue or benefit
from goods, materials, or services used, consumed, or rendered in this state;
d.
having supplied or
contracted to supply services rendered or to be rendered or goods or materials
furnished or to be furnished in this state;
e.
owning, using, or
possessing any real property or an interest in real property within this state;
f.
contracting to
insure or act as surety for or on behalf of any person, property or risk
located within this state at the time the contract was made;
g.
living in the
marital relationship within the state notwithstanding subsequent departure from
the state, as to all obligations for alimony, custody, child support, or
property settlement, if the other party to the marital relationship continues
to reside in the state; or
h.
abusing,
harassing, or disturbing the peace of, or violating a protective or restraining
order for the protection of, any person within the state by an act or omission
done in this state, or outside this state if the act or omission is part of a
continuing course of conduct having an effect in this state.
2.
Manner of service.
A person subject to the jurisdiction of the courts of this state under this
rule may be served with summons:
a.
As provided by
Rules 4.1 (service on individuals), 4.5 (service upon resident who cannot be
found or served within the state), 4.6 (service upon organizations), 4.9 (in
rem actions); or
b.
The person shall
be deemed to have appointed the Secretary of State as his agent upon whom
service of summons may be made as provided in Rule 4.10.
c.
More convenient
forum. Jurisdiction under this rule is subject to the power of the court to order
the litigation to be held elsewhere under such reasonable conditions as the
court in its discretion may determine to be just. In the exercise of that
discretion the court may appropriately consider such factors as:
i.
Amenability to
personal jurisdiction in this state and in any alternative forum of the parties
to the action;
ii.
Convenience to the
parties and witnesses of the trial in this state in any alternative forum;
iii.
Differences in
conflict of law rules applicable in this state and in the alternative forum; or
iv.
Any other factors
having substantial bearing upon the selection of a convenient, reasonable and
fair place of trial.
3.
Forum Non
Conveniens - Stay or Dismissal. No stay or dismissal shall be granted due to a
finding of forum non conveniens until all properly joined defendants file with
the clerk of the court a written stipulation that each defendant will:
a.
submit to the
personal jurisdiction of the courts of the other forum; and
b.
waive any defense
based on the statute of limitations applicable in the other forum with respect
to all causes of action brought by a party to which this subsection applies.
4.
Order on Forum Non
Conveniens - Modification. The court may, on motion and notice to the parties,
modify an order granting a stay or dismissal under this subsection and take any
further action in the proceeding as the interests of justice may require. If
the moving party violates a stipulation required by subsection (D), the court
shall withdraw the order staying or dismissing the action and proceed as if the
order had never been issued. Notwithstanding any other law, the court shall
have continuing jurisdiction for the purposes of this subsection. Amended Dec.
7, 1970, effective Jan. 1, 1971; amended effective Nov. 10, 1988; amended Dec.
5, 1996, effective Feb. 1,1995; amended Dec. 23, 1996, effective March 1, 1997
.
SUMMONS
Service upon
resident who cannot be found or served within the state When the person to be
served is a resident of this state who cannot be served personally or by agent
in this state and either cannot be found, has concealed his whereabouts or has
left the state, summons may be served in the manner provided by Rule 4.9
(summons in in rem actions).
SERVICE
UPON ORGANIZATIONS
1.
Persons to be
served. Service upon an organization may be made as follows:
a.
In the case of a
domestic or foreign organization upon an executive officer thereof, or if there
is an agent appointed or deemed by law to have been appointed to receive
service, then upon such agent.
b.
In the case of a
partnership, upon a general partner thereof.
c.
In the case of a
state governmental organization upon the executive officer thereof and also
upon the attorney general;
d.
In the case of a
local governmental organization upon the executive thereof, and if a statute
provides for an attorney to represent the local government organization, and an
attorney occupies such position, then also upon such attorney.
e.
When, in
subsections (c) and (d) of this subdivision, a governmental representative is
named as a party in his individual name or in such name along with his official
title, then also upon such representative.
2.
Manner of service.
Service under subdivision (A) of this rule shall be made on the proper person
in the manner provided by these rules, for service upon individuals, but a
person seeking service or his attorney shall not knowingly direct service to be
made at the person's dwelling house or place of abode, unless such is an
address furnished under the requirements of a statute or valid agreement, or
unless an affidavit on or attached to the summons states that service in
another manner is impractical.
3.
Service at
organization's office. When shown upon an affidavit or in the return, that
service upon an organization cannot be made as provided in subdivision (A) or
(B) of this rule, service may be made by leaving a copy of the summons and
complaint at any office of such organization located within this state with the
person in charge of such office.
SUMMONS
Service upon agent
named by statute or agreement Whenever an agent (other than an agent appointed
to receive service for a governmental organization of this state) has been
designated by or pursuant to statute or valid agreement to receive service for
the person being served, service may be made upon such agent as follows:
1.
If the agent is a
governmental organization or officer d3esignated by or pursuant to statute,
service shall be made as provided in Rule 4.10.
2.
If the agent is
one other than that described above, service shall be made upon him as provided
in Rule 4.1 (service upon individuals) or 4.6 (service upon organizations). If
service cannot be made upon such agent, because there is no address furnished
as required by statute or valid agreement or his whereabouts in this state are
unknown, then his principal shall be deemed to have appointed the Secretary of
State as a replacement for the agent and service may be made upon the Secretary
of State as provided in Rule 4.10.
SUMMONS
Service of
pleadings or summons on Attorney General Service of a copy of the summons and
complaint or any pleading upon the Attorney General under these rules or any
statute shall be made by personal service upon him, a deputy or clerk at his
office, or by mail or other public means to him at such office in the manner
provided by Rule 4.1(A)(1), and by Rule 4.11 to the extent applicable.
SUMMONS:
IN REM ACTIONS
1.
In general. In any
action involving a res situated within this state, service may be made as
provided in this rule. The court may render a judgment or decree to the extent
of its jurisdiction over the res.
2.
Manner of service.
Service under this rule may be made as follows:
a.
By service of
summons upon a person or his agent pursuant to these rules; or
b.
By service of
summons outside this state in a manner provided by Rule 4.1 (service upon
individuals) or by publication outside this state in a manner provided by Rule
4.13 (service by publication) or outside this state in any other manner as
provided by these rules; or
c.
By service by
publication pursuant to Rule 4.13.
SUMMONS:
SERVICE UPON SECRETARY OF STATE OR OTHER GOVERNMENTAL AGENT
1.
In general.
Whenever, under these rules or any statute, service is made upon the Secretary of
State or any other governmental organization or officer, as agent for the
person being served, service may be made upon such agent as provided in this
rule.
a.
The person seeking
service or his attorney shall:
i.
submit his request
for service upon the agent in the praecipe for summons, and state that the
governmental organization or officer is the agent of the person being served;
ii.
state the address
of the person being served as filed and recorded pursuant to a statute or valid
agreement, or if no such address is known, then his last known mailing address,
and if no such address is known, then such shall be stated;
iii.
pay any fee
prescribed by statute to be forwarded together with sufficient copies of the
summons, affidavit and complaint, to the agent by the clerk of the court.
2.
Upon receipt
thereof the agent shall promptly:
a.
send to the person
being served a copy of the summons and complaint by registered or certified
mail or by other public means by which a written acknowledgment of receipt may
be obtained;
b.
complete and
deliver to the clerk an affidavit showing the date of the mailing, or if there
was no mailing, the reason therefor;
c.
send to the clerk
a copy of the return receipt along with a copy of the summons;
d.
file and retain a
copy of the return receipt.
SUMMONS:
REGISTERED OR CERTIFIED MAIL
Whenever service
by registered or certified mail or other public means by which a return receipt
may be requested is authorized, the clerk of the court or a governmental agent
under Rule 4.10 shall send the summons and complaint to the person being served
at the address supplied upon the summons, or furnished by the person seeking
service. In his return the clerk of the court or the governmental agent shall
show the date and place of mailing, a copy of the return receipt if and when
received by him showing whether the mailing was accepted or returned, and, if
accepted, by whom. The return along with the receipt shall be promptly filed by
the clerk with the pleadings and become a part of the record. If a mailing by
the clerk of the court is returned without acceptance, the clerk shall reissue
the summons and complaint for service as requested, by the person seeking
service. Amended Dec. 7, 1970, effective Jan. 1, 1971.
SUMMONS:
SERVICE BY SHERIFF OR OTHER OFFICER
1.
In general.
Whenever service is made by delivering a copy to a person personally or by
leaving a copy at his dwelling house or place of employment as provided by Rule
4.1, summons shall be issued to and served by the sheriff, his deputy, or some
person specially or regularly appointed by the court for that purpose. Service
shall be effective if made by a person not otherwise authorized by these rules,
but proof of service by such a person must be made by him as a witness or by deposition
without allowance of expenses therefor as costs. The person to whom the summons
is delivered for service must act promptly and exercise reasonable care to
cause service to be made.
2.
Special service by
police officers. A sheriff, his deputy, or any full-time state or municipal
police officer may serve summons in any county of this state if he agrees or
has agreed to make the service. When specially requested in the praecipe for
summons, the complaint and summons shall be delivered to such officer by the
clerk or the attorney for the person seeking service. No agreement with the
sheriff or his deputy for such service in the sheriff's own county shall be
permitted. In no event shall any expenses agreed upon under this provision be
assessed or recovered as costs or affect court costs otherwise imposed for
regular service.
3.
Service in other
counties. A summons may be served in any county in this state. If service is to
be made in another county, the summons may be issued by the clerk for service
therein to the sheriff of such county or to a person authorized to make service
by these rules.
4.
Service outside
the state. Personal service, when permitted by these rules to be made outside
the state, may be made there by any disinterested person or by the attorney representing
the person seeking such service. The expenses of such person may be assessed as
costs only if they are reasonable and if service by mail or other public means
cannot be made or is not successful.
SUMMONS:
SERVICE BY PUBLICATION
1.
Praecipe for
summons by publication. In any action where notice by publication is permitted
by these rules or by statute, service may be made by publication. Summons by
publication may name all the persons to be served, and separate publications
with respect to each party shall not be required. The person seeking such
service, or his attorney, shall submit his request therefor upon the praecipe
for summons along with supporting affidavits that diligent search has been
made[,] that the defendant cannot be found, has concealed his whereabouts, or
has left the state, and shall prepare the contents of the summons to be
published. The summons shall be signed by the clerk of the court or the sheriff
in such manner as to indicate that it is made by his authority.
2.
Contents of summons
by publication. The summons shall contain the following information:
a.
The name of the
person beign sued, and the person to whom the notice is directed, and, if the
person's whereabouts are unknown or some or all of the parties are unknown, a
statement to that effect;
b.
The name of the
court and cause number assigned to the case;
c.
The title of the
case as shown by the complaint, but if there are multiple parties, the title
may be shortened to include only the first named plaintiff and those defendants
to be served by publication with an appropriate indication that there are
additional parties;
d.
The name and
address of the attorney representing the person seeking service;
e.
A brief statement
of the nature of the suit, which need not contain the details and perticulars
of the claim. A description of any property, relationship, or other res
involved in the action, and a statement that the person being sued claims some
interest therein; f. A clear statement
that the person being sued must respond within thirty [30] days after the last
notice of the action is published, and in case he fails to do so, judgment by
default may be entered against him for the relief demaned in the complaint.
3.
Publication of
summons. The summons shall be published three [3] times by the clerk or person
making it, the first publication promptly and each two [2] succeeding
publications at least seven [7] and not more that fourteen [14] days after the
prior publication, in a newspaper authorized by law to publish notices, and
published in the county where the complaint or action is filed, where the res
is located, or where the defendant resides or where he was known last to
reside. If no newspaper is published in the county, then the summons shall be
published in the county in this state nearest thereto in which any such paper
may be printed, or in a place specially ordered by the court. The person
seeking the service or his attorney may designate any qualified newspaper, and
if he fails to do so, the selection may be made by the clerk.
4.
By whom made or
procured. Service of summons by publication shall be made and procured by the
clerk, by a person appointed by the court for that purpose, or by the clerk or
sheriff of another county where publication is to be made.
5.
Return. The clerk
or person making the service shall prepare the return and include the
following:
a.
Any supporting
affidavits of the printer containing a copy of the summons which was published;
b.
An information or
statement that the newspaper and the publication meet all legal requirements
applicable to such publication;
c.
The dates of
publication d. The return and
affidavits shall be filed with the pleadings and other papers in the case and
shall become a part of the record as provided in these rules.
TERRITORIAL
LIMITS AND SERVICE UNDER SPECIAL ORDER
1.
Territorial limits
of effective service. Process may be served anywhere within the territorial
limits of this state and outside the state as provided in these rules.
2.
Service under
special order of court. Upon application of any party the court in which any
action is pending may make an appropriate order for service in a manner not
provided by these rules or statutes when such service is reasonably calculated
to give the defendant actual knowledge of the proceedings and an opportunity to
be heard.
SUMMONS:
PROOF OF SERVICE - RETURN - AMENDMENTS - DEFECTS
1.
Return - Form. The
person making service shall promptly make his return upon or attach it to a
copy of the summons which shall be delivered to the clerk. The return shall be
signed by the person making it, and shall include a statement:
a.
that service was
made upon the person as required by law and the time, place, and manner
thereof;
b.
if service was not
made, the particular manner in which it was thwarted in terms of fact or in terms
of law;
c.
such other
information as is expressly required by these rules.
2.
Return and
affidavits as evidence. The return, along with the summons to which it is
attached or is a part, the praecipe for summons, affidavits furnished with the
summons or praecipe for summons, and all other affidavits permitted by these
rules shall be filed by the clerk with the pleadings and other papers in the
case and thereupon shall become a part of the record, and have such evidentiary
effect as is now provided by law. Copies of such record shall be admissible in
all actions and proceedings and may be entered in any public records when
certified over the signature of the clerk or his deputy and the clerk's seal.
3.
Proof of filing
and issuance dates. The clerk shall enter a filing date upon every praecipe,
pleading, return, summons, affidavit or other paper filed with or entered of
record by him. The clerk shall also enter an issuance date upon any summons
issued, mailed or delivered by him, or other communication served or transmitted
by him under these rules. Such filing or issuance date shall constitute
evidence of the date of filing or issuance without further authentication when
entered in the court records, or when the paper or a copy thereof is otherwise
properly offered or admitted into evidence.
4.
Admission of
service. A written admission stating the date and place of service, signed by
the person being served, may be filed with the clerk who shall file it with the
pleadings. Such admission shall become a part of the record, constitute
evidence of proper service, and shall be allowed as evidence in any action or
proceeding.
5.
Amendment. At any
time in its discretion and upon such terms as it deems just, the court may
allow any process or proof of service thereof to be amended unless it clearly
appears that material prejudice would result to the substantial rights of the
person against whom the process is issued.
6.
Defects in
summons. No summons or the service thereof shall be set aside or be adjudged insufficient
when either is reasonably calculated to inform the person to be served that an
action has been instituted against him, the name of the court, and the time
within which he is required to respond.
SUMMONS: DUTIES OF PERSONS TO AID IN SERVICE
1.
It shall be the
duty of every person being served under these rules to cooperate, accept
service, comply with the provisions of these rules, and, when service is made
upon him personally, acknowledge receipt of the papers in writing over his
signature.
a.
Offering or
tendering the papers to the person being served and advising the person that he
or she is being served is adequate service.
b.
A person who has
refused to accept the offer or tender of the papers being served thereafter may
not challenge the service of those papers.
2.
Anyone accepting
service for another person is under a duty to:
a.
promptly deliver
the papers to that person;
b.
promptly notify
that person that he holds the papers for him; or
c.
within a
reasonable time, in writing, notify the clerk or person making the service that
he has been unable to make such delivery of notice when such is the
case.3. No person through whom service
is made under these rules may impose any sanction, penalty, punishment, or discrimination
whatsoever against the person being served because of such service. Any person
willfully violating any provision of this rule may be subjected to contempt
proceedings. Amended Oct. 30, 1992, effective Jan. 1, 1993.
SUMMONS:
CERTAIN PROCEEDINGS EXCEPTED
Rules 4 through
4.16 shall not replace the manner of serving summons or giving notice as
specially provided by statute or rule in proceedings involving, without
limitation, the administration of decedent's estates, guardianships,
receiverships, assignments for the benefit of creditors.
SERVICE
AND FILING OF PLEADING AND OTHER PAPERS
