Rule 4.Process

Current through July 1, 2026 · Last verified July 13, 2026

In one sentenceRule 4 explains how Indiana courts get power over the parties to a case, sets the procedure for preparing and issuing a summons, lists what a summons must contain, makes mail the default method of service with the sheriff as backup, and allows service both inside and outside Indiana.

Full Text of Rule 4

Text sizeJump to: (A) (B) (C) (D) (E) (F)

(A) 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.

(B) Preparation of summons and praecipe. Contemporaneously with the filing of the complaint or equivalent pleading, the person seeking service or his attorney shall 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.

(1) The name and address of the person on whom the service is to be effected;

(2) The name, street address, and telephone number of the court and the cause number assigned to the case;

(3) 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;

(4) The name, address, and telephone number of the attorney for the person seeking service;

(5) 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.

(D) 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.

(E) 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.

(F) Limits of Effective Service. Process may be served anywhere within the state and outside the state as provided in these rules.

End

Amendment History

This rule’s current text took effect January 1, 2019. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.

Plain-English Summary

Where many rulebooks pack every detail of service of process into one long rule, Indiana spreads that detail across a chain of rules — Rule 4 sets the framework, and Rules 4.1 through 4.17 supply the specific methods for serving individuals, minors, incompetent persons, institutionalized people, corporations, government agencies, out-of-state defendants, and more. A reader looking for the mechanics of serving a particular kind of defendant should expect to find them in one of those numbered rules, not in Rule 4 itself.

Subdivision (A) lists how a court acquires jurisdiction over a party: by that party commencing or joining the action, being served with summons, entering an appearance, or otherwise being subjected to the court’s power under some other law. Because entering an appearance is itself one of those routes to jurisdiction, a defendant who wants to contest the court’s power over them generally needs to raise that objection by a timely motion instead of staying silent.

Subdivisions (B) and (C) cover the mechanics: the party seeking service (or their attorney) prepares the summons and gives the clerk enough copies at the same time the complaint is filed; the clerk examines, signs, and seals it before sending it out for service. A summons must identify the person to be served, the court and cause number, the case caption, the attorney seeking service, and the deadline to respond along with a warning that a default judgment can follow if that deadline passes.

Subdivision (D) sets the default method: unless the filer designates a different method, the clerk serves by mail (or another public means) when an address is known or can be found. If there’s no address, or the mailed summons comes back unaccepted, the papers go to the sheriff or a deputy to serve, unless the court directs otherwise. Subdivision (E) generally requires the summons and complaint to be served together, with an exception for service by publication — the complaint itself is never published — and rules for pinning down exactly when service is deemed complete. Subdivision (F) confirms that process can reach a defendant anywhere in Indiana or beyond its borders, as the rules that follow provide.

Frequently Asked Questions

How does an Indiana court get power over a defendant?

Under Rule 4(A), by the defendant commencing or joining the action, being served with a summons, entering an appearance, or otherwise being made subject to the court’s power under some other law.

What has to be on a summons in Indiana?

The name and address of the person to be served, the court’s name, address, and cause number, the case caption, the attorney’s contact information, and the deadline to respond along with a warning that failing to respond can lead to a default judgment.

How will I (or the other side) be served by default?

Unless the filer designates a different method, Rule 4(D) has the clerk serve by mail or another public means when an address is available. If there’s no usable address, or the mailed summons is returned unaccepted, service shifts to the sheriff.

Who is responsible for preparing the summons — me or the clerk?

The party seeking service, or their attorney, prepares the summons and gives the clerk enough copies at the time the complaint is filed. The clerk then examines, signs, and seals it before sending it out for service.

What is a “praecipe”?

It’s the attached information — affidavits, requests, or other supporting material about the summons and its service — that Rule 4(B) treats as part of the summons itself.

Do the summons and complaint have to be served at the same time?

Generally yes, under Rule 4(E), unless the court orders otherwise. The one built-in exception is service by publication, where the summons is published but the complaint is not.

Can someone be served outside Indiana?

Yes. Rule 4(F) allows process to be served anywhere within the state and outside it, following the methods the Trial Rules provide.

Source & verification. The rule text is reproduced verbatim from the official Indiana Rules of Trial Procedure (T.R. 4). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. · Official source

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