Indiana Service of Process Rules
Indiana
State Serve Rules
Affidavit
Notary
Not Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
y
Jail Care Custody Service
Yes, state requires service on the warden or person in charge (by delivery or mailing)
Jail Personal Service
Facility-specific policy
Service to a minor
y (if 14+ minor also)
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
n (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)
Government substitute service
Yes (after DD)
Service of Corporate Person in charge
y (after DD)
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
At usual residence
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
No (service may be made in the same manner as provided in Rule 4.1, Rule 4.16 and Rule 5(B))
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
3
Posting Rules
Due Diligence Prior to Posting
Required
Posting
Permissible
Eviction Posting Rules
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
Yes
Mail always?
Yes
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**By Whom Served.** Indiana has no licensing or registration requirements to become a process server. Anyone over the age of eighteen, who is not a party to the case, may work as a process server in Indiana and serve civil process.
**Personal Service, Individuals.** Service on an individual shall be made by delivering a copy of the summons and complaint to him personally.
**Substituted.** By leaving a copy of the summons and complaint at his dwelling house or usual place of abode; or serving his agent as provided by rule, statute or valid agreement;
**Copy Service to Be Followed With Mail.** Whenever service is made under substituted rules above, the person making service shall also send by first class mail, a copy of the summons without the complaint to the last known address of person being served, and this fact shall be shown upon the return.
**Corporations or Organizations.** Domestic or Foreign organizations: upon an executive officer or appointed agent. Partnership: upon a general partner. Governmental Entity: upon executive officer and also the Attorney General.Service at organization’s office. When shown upon an affidavit or in the return, that service…cannot be made….as provided above, 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.
**Special Rules.** Special rules are prescribed for the following circumstances and the Server should consult with their Territory Manager for more details: 1) Service upon infants, 2) incompetent persons, 3) Institutionalized persons and 4) Incarcerated persons.
**Return of Service.** Person making service shall promptly make his return upon or attach it to a copy of the summons…The return shall include a statement (1) that service was made upon the person as required by law and the time, place, and manner of service; (2) if service not made, the particular manner in which it was thwarted in terms of fact or in terms of law; (3) such other information as is expressly required by these rules.
