Indiana Rules of Civil Procedure

Overview: 

Indiana Rules of Civil Procedure consist of the rules by which state courts conduct civil trials. Civil trials concern the judicial resolution of claims by one individual or class against another. An understanding of the civil procedure laws ensures that process service is properly effectuated. Therefore, it is crucial for lawyers, paralegals, process servers, and pro se litigants to be properly informed of the rules and regulations that pertain to service of process. ​

CONTENTS:

Rule 4. Process: General and Miscellaneous Provisions

• Summons or Other Process

• Time Limit For Service

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• Limits of Effective Service.
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  All process may be served anywhere in this state and, when authorized by law or by these rules, may be served outside this state.
• Upon Whom Process Served.
  Service of process, except service by publication as provided in Rule 4.3, shall be made as follows:
  
  Individual.
  Upon an individual, other than a minor or an incompetent person, by serving the individual or by leaving a copy of the summons and the complaint at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and the complaint to an agent authorized by appointment or by law to receive service of process;
  
  Minor.
  Upon a minor by serving any one of the following: the father, the mother, the guardian, the individual having care of the minor or with whom the minor lives, or the spouse, if the minor is married, and, if the minor is over the age of twelve years, by also serving the minor personally;
  
  Incompetent Not Confined.
  Upon an incompetent person by serving the incompetent and that person’s guardian but, if no guardian has been appointed, by serving the incompetent and a person with whom the incompetent lives or a person who cares for the incompetent;
  
  Incompetent Confined.
  Upon an incompetent person not having a guardian and confined in any institution for the mentally ill or mentally deficient, by serving the superintendent of the institution or similar official or person having the responsibility for custody of the incompetent person;
  
  Incarcerated Person.
  Upon an individual incarcerated in any penal institution or detention facility within this state, by serving the individual, except that when the individual to be served is a minor, by serving any one of the following: the father, the mother, the guardian, the individual having care of the minor, or the spouse, if the minor is married, and, if the minor is over the age of twelve (12) years by serving the minor personally;
  
  Corporation.
  Upon a corporation, either domestic or foreign, by serving the agent authorized by appointment or by law to receive service of process or by serving the corporation by certified mail at any of its usual places of business or by serving an officer or an agent of the corporation;
  
  Partnership.
  Upon a partnership, a limited partnership, or a limited partnership association, by serving the entity by certified mail at any of its usual places of business or by serving a partner, limited partner, or manager or member;
  
  Unincorporated Organization or Association.
  Upon an unincorporated organization or association by serving it in its entity name by certified mail at any of its usual places of business or by serving an officer or agent of any such organization or association or an officer or agent of any branch or local office of the organization or association;
  
  Professional Association, Professional Corporation, or Limited Liability Company.
  Upon a professional association, a professional corporation, or a limited liability company, by serving the association, corporation, or company in the entity’s name by certified mail at the place where the entity’s offices are maintained or by serving a shareholder, or by serving the agent authorized by appointment or by law to receive service of process;
  
  State.
  Upon this state or any one of its departments, offices, and institutions, by serving the officer responsible for the administration of the department, office, or institution, and by serving the attorney general of this state;
  
  County.
  Upon a county or upon any of its offices, agencies, districts, departments, institutions, or administrative units, by serving the chairman or presiding officer or member of the governing body of such county.
  
  Municipal Corporation.
  Upon a municipal corporation or upon any of its offices, departments, agencies, authorities, institutions, or administrative units, by serving the mayor or the presiding officer or councilman, commissioner, or other member of the municipal corporation.
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  Other Governmental Entity.
  Upon any governmental entity not mentioned above, by serving the person, officer, group, or body responsible for the administration of that entity or by serving the appropriate legal officer, if any, representing the entity. Service upon any person who is a member of the “group” or “body” having responsibility for the administration of the entity shall be sufficient.

​Disclaimer: Laws and regulations change often, therefore please visit your state specific website to stay abreast of updates and amendments.

FEATURED PROGRAM FOR PROCESS SERVERS

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