Indiana Process Server Service of Process in All 92 Counties, Under Trial Rules 4 to 4.17

Trial Rule 4.12(A) says that when a summons is delivered to the person or left at the dwelling house or place of employment, it is issued to and served by the sheriff, the sheriff’s deputy, or a person specially or regularly appointed by the court for that purpose. Where an Indiana court regularly appoints process servers, our servers hold the appointment. Service by a person not otherwise authorized by the rules is effective, but that person must prove it as a witness or by deposition, and those expenses are not allowed as costs. Under Rule 4.12(B) a sheriff, deputy or full-time state or municipal police officer may agree to serve in any county other than, for the sheriff and deputies, the sheriff’s own. If no manner is designated on the summons, Rule 4(D) has the clerk serve by mail or other public means when the mailing address is indicated in the summons or can be determined. IC 33-37-3-7 lets the party who paid a process server other than the sheriff for personal service recover that cost as part of any judgment.

Trial Rule 4 does not set a number of days. Under Trial Rule 3 the action is commenced by filing the complaint, paying the filing fee or filing an order waiving it, and, where service is required, furnishing the clerk enough copies of the complaint and summons. Under Rule 4(B), the clerk examines, dates, signs and seals the summons and delivers the papers for service, and under Rule 4.12(A) the person who receives the summons must act promptly and with reasonable care. Under Trial Rule 41(E), when there has been a failure to comply with the rules, or no action has been taken in a civil case for sixty days, the court, on a party’s motion or its own, shall order a hearing to dismiss, and enters dismissal at the plaintiff’s costs if sufficient cause is not shown. Unless the order says otherwise, a Rule 41(E) dismissal operates as an adjudication on the merits (Rule 41(B)). A dismissal without prejudice may be set aside for good cause within a reasonable time under Rule 41(F), while a dismissal with prejudice is set aside only on the grounds and procedure of Rule 60(B). The court may withhold dismissal or reinstate on condition that the plaintiff comply with the rules and diligently prosecute the action. Objections to process or service are raised under Rule 12(B) and are waived if left out as Rule 12(H) describes. If a limitation period is close, ask counsel.

Yes. Trial Rule 4.1(A)(3) allows leaving a copy of the summons and complaint at the dwelling house or usual place of abode, and Rule 4.1(A) also allows personal delivery, return-receipt registered or certified mail to the residence or place of business or employment, and service on an agent. Rule 4.1(B) adds a step: after abode or agent service, the person making service also must send a copy of the summons and complaint by first class mail to the address on the summons, and that mailing must be shown on the return. When service rests on mail and the mailed copy comes back before judgment or within thirty days after, Rule 4.1(C) requires the party relying on the service to file notice with the court.

Trial Rule 4.6(A)(1) allows service on an executive officer of a domestic or foreign organization or on an agent appointed or deemed by law to receive service; a partnership is served through a general partner. Rule 4.6(B) applies the methods for individuals but bars knowingly directing service to the person’s residence or abode unless a statute or agreement furnished that address or an affidavit says another manner is impractical, and allows electronic service on a registered agent that consented to it. Under IC 23-0.5-4-10, a represented entity may be served through its registered agent; with no agent, or one who cannot be served with reasonable diligence, by return-receipt registered or certified mail or similar commercial delivery to the principal office in the latest biennial report, effective on the earliest of receipt, the signed receipt date or five days after deposit if correctly addressed and paid; and failing both, by handing a copy to the individual in charge of any regular place of business who is not a plaintiff. If an affidavit or the return shows Rule 4.6(A) and (B) service cannot be made, Rule 4.6(C) allows leaving the papers with the person in charge of any Indiana office. Where an agent named by statute or agreement has no address furnished or cannot be found in Indiana, Rule 4.7 makes the Secretary of State the replacement agent under Rule 4.10.

Trial Rule 4.16(A) makes it the duty of every person being served to cooperate and accept service. Offering or tendering the papers and advising the person that he or she is being served is adequate service, and a person who refused the offer or tender may not afterward challenge the service of those papers.

Trial Rule 4.15(A) has the person making service promptly make the return upon, or attach it to, a copy of the summons, which is delivered to the clerk. The return is signed by the person making it and states that service was made as required by law with its time, place and manner; if service was not made, how it was thwarted in fact or in law; and any other information the rules expressly require, such as the Rule 4.1(B) first class mailing after abode or agent service, or the Rule 4.3 statement by an institution official. A server not otherwise authorized by the rules proves service as a witness or by deposition under Rule 4.12(A). Where a document must be verified or sworn, Trial Rule 11(D) accepts an affirmation under the penalties for perjury. Under Rule 4.15(E) the court may allow proof of service to be amended unless material prejudice would result.

For an Indiana resident who cannot be served personally or by agent in the state and cannot be found, has concealed his whereabouts or has left the state, Trial Rule 4.5 points to the in rem methods of Rule 4.9, which apply in an action involving property (a res) in Indiana, including service outside Indiana in a Rule 4.1 manner and publication under Rule 4.13. Publication starts with a praecipe and affidavits that diligent search has been made; the summons runs three times, the first promptly and each later one seven to fourteen days after the one before, in a qualifying newspaper, and the defendant has thirty days after the last notice to respond. On a verified motion showing prior attempts failed, Rule 4.14 lets the court order any other manner reasonably calculated to give actual knowledge and an opportunity to be heard, which may include social media, email or other technology.

Indiana statutes address Sunday in particular proceedings. An order of attachment may be issued and executed on Sunday if the plaintiff’s affidavit shows the defendant is about to abscond that day (IC 34-25-2-8). An execution may be issued and executed on Sunday on an affidavit that the plaintiff fears losing the judgment otherwise, and the clerk endorses on it that the defendants are not privileged from service on Sunday (IC 34-55-1-15 and -16). Habeas corpus writs and process may be issued and served on Sunday in cases of emergency (IC 34-25.5-6-4). IC 1-1-9-1 lists Indiana’s legal holidays for all purposes, Sunday among them, along with days such as Lincoln’s Birthday on February 12, Good Friday and Election Day. A holiday other than Sunday that falls on a Sunday is observed the Monday after, and one that falls on a Saturday the Friday before (IC 1-1-9-1(b)). Under Trial Rule 6(A), a period whose last day is a Saturday, Sunday, legal holiday or a day the office is closed runs to the end of the next day that is none of those. For a summons, ask counsel before planning a Sunday or holiday attempt.

Under Trial Rule 6(D)(1), a response to a pleading must be filed within twenty days after service of the pleading, unless the rules or the court provide otherwise; Rule 6(G) adds three days when the paper is served by United States mail. Rule 4(C)(5) puts the response time and a default warning on the summons itself. Rule 6(B) gives a party one automatic thirty-day enlargement by filing a notice with the court that states the original and the new due dates. After service by publication, the published summons gives thirty days after the last notice under Rule 4.13(B)(6).

Under IC 34-44.5-1-6, Indiana’s Uniform Interstate Depositions and Discovery Act, a party submits the foreign subpoena to the clerk of the court in the county where discovery is to be conducted, which is not an appearance in an Indiana court. The clerk promptly issues a subpoena that incorporates the foreign subpoena’s terms and contains or is accompanied by the names, addresses and telephone numbers of all counsel of record and any unrepresented party. Section 7 requires service under Indiana subpoena law: Trial Rule 45(C) allows the sheriff or a deputy, a party or any person to serve by delivering a copy, and Rule 45(H) requires an affidavit when anyone other than the sheriff or a deputy serves. A witness required to attend outside the county of residence is tendered one day’s attendance fee and mileage. Motions to quash, modify or enforce, and protective orders, go to a court in the county of discovery (section 9). The chapter covers cases pending on July 1, 2010 or filed after June 30, 2010.