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Indiana Rules of Civil Procedure

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Indiana Process Server Requirements 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.

Indiana Rules of Civil Procedure Please note that lobbyists are active in the state of Indiana and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Indiana State Legislature web site.

Rule 45. Subpoena

Rule 4. Process

Rule 4.1. Summons: Service on individuals

Rule 4.2. Summons: Service upon infant or incompetents

Rule 4.3. Summons: Service upon institutionalized persons

Service of summons upon a person who is imprisoned or restrained in an institution shall be made by delivering or mailing a copy of the summons and complaint to the official in charge of the 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.

Rule 4.4. Service upon persons in actions for acts done in this state or having an effect in this state

Rule 4.5. 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).

Rule 4.6. Service upon organizations

Rule 4.7. 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:

Rule 4.8. 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.

Rule 4.9. Summons: In rem actions

Rule 4.10. Summons: Service upon Secretary of State or other governmental agent

Rule 4.11. 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.

Rule 4.12. Summons: Service by sheriff or other officer

Rule 4.13. Summons: Service by publication.

Rule 4.14. Territorial limits and service under special order

Rule 4.15. Summons: Proof of Service – Return – Amendments – Defects

Rule 4.16. Summons: Duties of persons to aid in service

Rule 4.17. 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.

Rule 5. Service and Filing of Pleading and Other Papers


Rule 45. Subpoena

For Attendance of Witnesses – Form – Issuance.

For production of documentary evidence.

A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may

Service.

A subpoena may be served by the sheriff or his deputy, a party or any person. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person. Service may be made in the same manner as provided in Rule 4.1, Rule 4.16 and Rule 5(B).

Subpoena for taking depositions – Place of examination.

Subpoena for a hearing or trial.

At the request of any party subpoenas for attendance at a hearing or trial shall be issued by the clerk of court of the county in which the action is pending when requested, or, in the case of a subpoena for the taking of a deposition, by the clerk of court of the county in which the action is so pending or in the county in which the deposition is being taken. A subpoena may be served at any place within the state; and when permitted by the laws of the United States, this or another state or foreign country, the court upon proper application and cause shown may authorize the service of a subpoena outside the state in accordance with and as permitted by such law.

Contempt.

Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued, or court of the county where the witness was required thereunder to appear or act. The attendance of all witnesses when duly subpoenaed, and to whom fees have been paid or tendered as required by law may be enforced by attachment.

Tender of fees.

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person who shall be required to attend outside his county of residence as provided in section©, and by so tendering to him the fees for one [1] day’s attendance and the mileage allowed by law. Such tender shall not be required to be made to a party who is subpoenaed or to an officer, employee, agent or representative of a party which is an organization, including the estate or any governmental organization, who is being examined upon any matter connected in any way with his employment or with duties to the organization.

Proof of service of subpoena – Fees.

When a subpoena is served by the sheriff or his deputy, his return shall be proof of service. When served by any other person the service must be shown by affidavit. No fees or costs for the service of a subpoena shall be collected or charged as costs except when service is made by the sheriff or his deputy.

You should contact an Indiana Process Server if you have specific questions about Process Serving in Indiana.