Indiana Certificate of Service Pack

INDIANA CERTIFICATE OF SERVICE PACK

This comprehensive pack contains multiple certificate formats for Indiana state court practice, compliant with Indiana Trial Rules 5, 6, 86, and 87.

FORM 1: STANDARD CERTIFICATE OF SERVICE

(For Motions, Briefs, and General Pleadings)

IN THE [________________________________] COURT OF [________________________________] COUNTY
STATE OF INDIANA

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the following document(s):

[________________________________]

was served upon the following parties/counsel of record by the method(s) indicated below, pursuant to Indiana Trial Rule 5(B):

Service Recipients

Method of Service (Check All That Apply for Each Recipient)

Recipient 1: [________________________________]
☐ Indiana E-Filing System (Odyssey File & Serve) - Electronic service upon registered user
☐ Electronic mail to: [________________________________] (with prior written consent per T.R. 5(B)(1)(d))
☐ Hand delivery / Personal service at: [________________________________]
☐ U.S. Mail, first-class postage prepaid, deposited at [________________________________]
☐ Certified Mail, Return Receipt Requested, No. [________________________________]
☐ Commercial carrier ([________________________________]), tracking no. [________________________________]

Recipient 2: [________________________________]
☐ Indiana E-Filing System (Odyssey File & Serve) - Electronic service upon registered user
☐ Electronic mail to: [________________________________] (with prior written consent per T.R. 5(B)(1)(d))
☐ Hand delivery / Personal service at: [________________________________]
☐ U.S. Mail, first-class postage prepaid, deposited at [________________________________]
☐ Certified Mail, Return Receipt Requested, No. [________________________________]
☐ Commercial carrier ([________________________________]), tracking no. [________________________________]

Recipient 3: [________________________________]
☐ Indiana E-Filing System (Odyssey File & Serve) - Electronic service upon registered user
☐ Electronic mail to: [________________________________] (with prior written consent per T.R. 5(B)(1)(d))
☐ Hand delivery / Personal service at: [________________________________]
☐ U.S. Mail, first-class postage prepaid, deposited at [________________________________]
☐ Certified Mail, Return Receipt Requested, No. [________________________________]
☐ Commercial carrier ([________________________________]), tracking no. [________________________________]

Recipient 4: [________________________________]
☐ Indiana E-Filing System (Odyssey File & Serve) - Electronic service upon registered user
☐ Electronic mail to: [________________________________] (with prior written consent per T.R. 5(B)(1)(d))
☐ Hand delivery / Personal service at: [________________________________]
☐ U.S. Mail, first-class postage prepaid, deposited at [________________________________]
☐ Certified Mail, Return Receipt Requested, No. [________________________________]
☐ Commercial carrier ([________________________________]), tracking no. [________________________________]

Additional Service Information

Odyssey eFiling Transaction ID (if applicable): [________________________________]

Time of electronic service transmission: [____:____] ☐ a.m. ☐ p.m. (Eastern Time)

Service occurred ☐ before 5:00 p.m. local recipient time / ☐ after 5:00 p.m. local recipient time (deemed complete next business day)

I affirm under the penalties for perjury that the foregoing representations are true.

Date: [__/__/____]

________________________________________
[________________________________]
Indiana Attorney No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State ZIP)
Telephone: [________________________________]
Email: [________________________________]
Attorney for [________________________________]

FORM 2: CERTIFICATE OF SERVICE FOR SUMMONS AND COMPLAINT

(Initial Service of Process)

IN THE [________________________________] COURT OF [________________________________] COUNTY
STATE OF INDIANA

CERTIFICATE OF SERVICE OF SUMMONS AND COMPLAINT

I hereby certify that on [__/__/____], service of the Summons and Complaint filed in the above-captioned matter was made upon the Defendant(s) as follows:

Defendant(s) Served

Defendant 1:
Name: [________________________________]
Address Served: [________________________________]

Method of Service:
☐ Personal service upon Defendant individually (T.R. 4.1(A)(1))
☐ Service at Defendant's dwelling house by leaving copy with person of suitable age and discretion residing therein (T.R. 4.1(A)(2))
☐ Service upon Defendant's agent authorized by appointment or by law (T.R. 4.1(A)(3))
☐ Certified mail, return receipt requested, to Defendant's residence (T.R. 4.1(A)(1))
☐ Service by private process server

Person who received service: [________________________________]
Relationship to Defendant (if applicable): [________________________________]
Date of service: [__/__/____]
Time of service: [____:____] ☐ a.m. ☐ p.m.

Defendant 2 (If Applicable):
Name: [________________________________]
Address Served: [________________________________]

Method of Service:
☐ Personal service upon Defendant individually (T.R. 4.1(A)(1))
☐ Service at Defendant's dwelling house by leaving copy with person of suitable age and discretion residing therein (T.R. 4.1(A)(2))
☐ Service upon Defendant's agent authorized by appointment or by law (T.R. 4.1(A)(3))
☐ Certified mail, return receipt requested, to Defendant's residence (T.R. 4.1(A)(1))
☐ Service by private process server

Person who received service: [________________________________]
Relationship to Defendant (if applicable): [________________________________]
Date of service: [__/__/____]
Time of service: [____:____] ☐ a.m. ☐ p.m.

Service on Corporate/Organizational Defendant (T.R. 4.6)

☐ Service upon executive officer: [________________________________]
☐ Service upon registered agent: [________________________________]
☐ Service upon agent appointed or deemed by law to receive service
☐ Service upon general partner (for partnerships): [________________________________]
☐ Alternative service by leaving copy at office with person in charge (T.R. 4.6(C))

Name and title of person served: [________________________________]
Address where served: [________________________________]

Service on State of Indiana (T.R. 4.6(A)(3))

☐ Service upon executive officer of agency: [________________________________]
☐ AND Service upon Office of the Indiana Attorney General:
Indiana Government Center South
302 W. Washington Street, 5th Floor
Indianapolis, IN 46204

Method of service on Attorney General:
☐ Personal service upon Attorney General, deputy, or clerk
☐ Mail to Attorney General's office

Attachments

☐ Return of service from Sheriff
☐ Affidavit of service from private process server
☐ Certified mail return receipt (green card)
☐ Other: [________________________________]

I affirm under the penalties for perjury that the foregoing representations are true.

Date: [__/__/____]

________________________________________
[________________________________]
Indiana Attorney No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State ZIP)
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

FORM 3: CERTIFICATE OF SERVICE FOR DISCOVERY

(Interrogatories, Requests for Production, Requests for Admission, Depositions)

IN THE [________________________________] COURT OF [________________________________] COUNTY
STATE OF INDIANA

CERTIFICATE OF SERVICE OF DISCOVERY

I hereby certify that on [__/__/____], a true and correct copy of the following discovery document(s):

☐ Plaintiff's First Set of Interrogatories to Defendant [________________________________]
☐ Plaintiff's Second Set of Interrogatories to Defendant [________________________________]
☐ Defendant's First Set of Interrogatories to Plaintiff [________________________________]
☐ Defendant's Second Set of Interrogatories to Plaintiff [________________________________]
☐ Plaintiff's First Request for Production of Documents to Defendant [________________________________]
☐ Defendant's First Request for Production of Documents to Plaintiff [________________________________]
☐ Plaintiff's First Request for Admissions to Defendant [________________________________]
☐ Defendant's First Request for Admissions to Plaintiff [________________________________]
☐ Notice of Deposition of [________________________________]
☐ Subpoena Duces Tecum to [________________________________]
☐ Answers/Responses to [________________________________]
☐ Other: [________________________________]

was served upon the following parties/counsel:

Method of Service:
☐ Indiana E-Filing System (Odyssey File & Serve)
☐ Electronic mail (with consent)
☐ Hand delivery
☐ U.S. Mail, first-class postage prepaid
☐ Certified mail, return receipt requested
☐ Commercial carrier

Discovery Response Deadline Calculation:

Original response deadline under applicable rule: [________________________________] days

Service method: ☐ Electronic (no additional days) / ☐ U.S. Mail (add 3 days per T.R. 6(E))

Calculated Response Due Date: [__/__/____]

I affirm under the penalties for perjury that the foregoing representations are true.

Date: [__/__/____]

________________________________________
[________________________________]
Indiana Attorney No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State ZIP)
Telephone: [________________________________]
Email: [________________________________]
Attorney for [________________________________]

FORM 4: CERTIFICATE OF SERVICE FOR SUBPOENAS

IN THE [________________________________] COURT OF [________________________________] COUNTY
STATE OF INDIANA

CERTIFICATE OF SERVICE OF SUBPOENA

I hereby certify that on [__/__/____], the following subpoena(s) were served:

Type of Subpoena:
☐ Subpoena to Testify at Trial
☐ Subpoena to Testify at Deposition
☐ Subpoena Duces Tecum (to produce documents)
☐ Subpoena to Testify at Hearing
☐ Subpoena for Records Only (without appearance)

Witness/Subpoena Recipient Information

Subpoena Recipient 1:
Name: [________________________________]
Address: [________________________________]
Employer (if served at workplace): [________________________________]

Documents/Items Commanded (if Subpoena Duces Tecum):
[________________________________]

Appearance Required:
☐ Yes - Date: [__/__/____] Time: [____:____] ☐ a.m. ☐ p.m.
Location: [________________________________]
☐ No - Document production only by: [__/__/____]

Method of Service:
☐ Personal service by: [________________________________]
☐ Service by Sheriff of [________________________________] County
☐ Certified mail, return receipt requested
☐ Other method ordered by court: [________________________________]

Witness Fee and Mileage Tendered:
☐ Yes - Amount: $[____] witness fee + $[____] mileage = $[____] total
☐ Not required (records-only subpoena to custodian)

Date and time of service: [__/__/____] at [____:____] ☐ a.m. ☐ p.m.
Person who effected service: [________________________________]

Subpoena Recipient 2:
Name: [________________________________]
Address: [________________________________]

[Repeat fields as above]

Notice to Parties

I further certify that on [__/__/____], notice of this subpoena was served upon all parties as required by Indiana Trial Rule 45:

I affirm under the penalties for perjury that the foregoing representations are true.

Date: [__/__/____]

________________________________________
[________________________________]
Indiana Attorney No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State ZIP)
Telephone: [________________________________]
Email: [________________________________]
Attorney for [________________________________]

FORM 5: AFFIDAVIT OF SERVICE

(For Personal Service by Non-Attorney)

IN THE [________________________________] COURT OF [________________________________] COUNTY
STATE OF INDIANA

AFFIDAVIT OF SERVICE

STATE OF INDIANA )
) SS:
COUNTY OF [________________________________] )

I, [________________________________], being first duly sworn upon oath, depose and state as follows:

1. I am over the age of eighteen (18) years and am not a party to this action.

2. My business address is: [________________________________]

3. On [__/__/____], at approximately [____:____] ☐ a.m. ☐ p.m., I served the following document(s):

[________________________________]

4. Service was made upon: [________________________________]

5. Service was effected at the following location:
   [________________________________]
   [________________________________]

6. Method of Service:

☐ Personal Service: I personally delivered the document(s) to the individual named above by handing them directly to said person.

☐ Substitute Service at Dwelling: I left the document(s) at the dwelling house or usual place of abode of the person to be served with a person of suitable age and discretion then residing therein, to wit: [________________________________], who stated their relationship to the person to be served as: [________________________________], and who appeared to be at least [____] years of age.

☐ Service on Agent: I served the document(s) upon [________________________________], who identified themselves as the agent authorized to accept service on behalf of [________________________________].

☐ Corporate Service: I served the document(s) upon [________________________________], whose title is [________________________________], who is:
☐ An executive officer of the corporation
☐ The registered agent for service of process
☐ A person in charge of the office (alternative service under T.R. 4.6(C))

7. Identification of Person Served:

The person served was identified by:
☐ Personal knowledge
☐ Statement of identity by the person served
☐ Statement of identity by another person present
☐ Name on mailbox/door
☐ Other: [________________________________]

8. Description of Person Served:

Gender: ☐ Male ☐ Female ☐ Other
Approximate Age: [____]
Approximate Height: [____] ft. [____] in.
Approximate Weight: [____] lbs.
Hair Color: [________________________________]
Other identifying features: [________________________________]

9. Documents Served:

I served true and correct copies of the following documents:
☐ Summons
☐ Complaint
☐ [________________________________]
☐ [________________________________]

10. The total number of pages served was: [____]

11. Witness Fee (if serving subpoena):
    ☐ I tendered witness fee of $[____] and mileage of $[____]
    ☐ Not applicable

12. I am:
    ☐ A Sheriff or Deputy Sheriff of [________________________________] County
    ☐ A certified process server, certification no. [________________________________]
    ☐ A person appointed by the court to serve process
    ☐ Other person not a party to this action: [________________________________]

FURTHER AFFIANT SAYETH NOT.

________________________________________
[________________________________]
Affiant

Printed Name: [________________________________]
Address: [________________________________]
Telephone: [________________________________]

VERIFICATION

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

________________________________________
Notary Public

Printed Name: [________________________________]
County of Residence: [________________________________]
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

PRACTICE NOTES FOR INDIANA CERTIFICATE OF SERVICE

A. Indiana E-Filing System (IEFS/Odyssey) Requirements

Mandatory E-Filing: Effective January 1, 2016, all attorneys must file electronically using the Indiana E-Filing System (IEFS) in all Indiana courts, including the Tax Court, Court of Appeals, and Indiana Supreme Court. (T.R. 86)

Unrepresented Litigants: Pro se parties are encouraged but not required to use IEFS.

E-Service through IEFS:

• When a document is filed through IEFS, the system automatically generates a Notice of Electronic Filing (NEF) to all registered users in the case
• E-service is complete upon transmission through IEFS
• The NEF serves as proof of service on registered users
• Service that occurs after 5:00 p.m. local time of the recipient is deemed complete the next business day

Certificate of Service Placement: Per T.R. 5(F), the certificate of service must be placed at the END of the document being filed and must NOT be separately filed.

B. Service Methods Under Indiana Trial Rule 5(B)

1. Electronic Service via IEFS (Odyssey File & Serve)

• Automatic upon filing for registered users
• Complete upon transmission
• If after 5:00 p.m. or on weekend/holiday, deemed complete next business day

2. Electronic Mail (With Consent)

• Requires prior written consent from recipient
• Consent typically given in appearance form per T.R. 3.1(E)
• Service complete upon transmission
• Same after-hours rule applies

3. Hand Delivery

• Offering or tendering document and stating its nature
• Leaving at attorney's office with clerk or person in charge
• If no one in charge, leaving in conspicuous place
• Refusal to accept = waiver of objection to service

4. U.S. Mail

• First-class, postage prepaid
• Addressed to last known address
• Service complete upon mailing (not receipt)
• Triggers 3-day extension under T.R. 6(E)

5. Certified Mail

• Return receipt requested
• Provides proof of delivery
• Triggers 3-day extension under T.R. 6(E)

6. Commercial Carrier

• Third-party carrier (FedEx, UPS, etc.)
• Must be carrier from which receipt can be obtained
• Service complete upon deposit with carrier
• Triggers 3-day extension under T.R. 6(E)

C. Service Timing Rules Under Indiana Trial Rule 6

The Three-Day Mail Rule (T.R. 6(E)):
When a party has a right or is required to act within a prescribed period after service, and the document is served by U.S. mail, three (3) days must be added to the prescribed period.

Important Limitations:

• The 3-day extension applies ONLY when the deadline is triggered by SERVICE of a document
• Does NOT apply to deadlines triggered by the DATE of a court order
• Does NOT apply to electronic service through IEFS

Time Computation (T.R. 6(A)):

• Do not count the day of the triggering event
• Do count the last day unless it falls on Saturday, Sunday, legal holiday, or day office is closed
• If period is less than 7 days, exclude intermediate Saturdays, Sundays, holidays, and closure days

Electronic Service Timing:

• Service after 5:00 p.m. local recipient time = deemed complete next business day
• Service on Saturday, Sunday, legal holiday, or court closure day = deemed complete next business day

D. Service on Unrepresented (Pro Se) Parties

Key Rules:

• Service must be made on the party directly, not through IEFS (unless they have registered)
• Use the party's last known address
• Mail service is most common method
• Hand delivery is also acceptable

Recommended Practice:

• Use certified mail with return receipt for important documents
• Keep copies of all correspondence
• Document all service attempts
• If service fails repeatedly, consider motion for alternative service

E. When Personal Service is Required

Personal service (as opposed to mail service on counsel) is required for:

1. Initial Summons and Complaint - Must be served per T.R. 4 methods
2. Pleadings asserting new claims against defaulting parties - Per T.R. 5(A)
3. Service on parties not yet represented by counsel
4. When ordered by the court
5. Subpoenas for witness testimony - Generally require personal service or certified mail

F. Service on the State of Indiana

When suing the State of Indiana or a state agency (T.R. 4.6(A)(3)):

Must serve BOTH:

1. The executive officer of the state agency, AND
2. The Office of the Indiana Attorney General

Attorney General Service Address:
Office of the Indiana Attorney General
Indiana Government Center South
302 W. Washington Street, 5th Floor
Indianapolis, IN 46204
Phone: (317) 232-6201

Method: Personal service upon the Attorney General, a deputy, or clerk at the office, OR by mail to the office.

G. Service on Corporations and Organizations (T.R. 4.6)

Domestic or Foreign Corporation:

• Serve an executive officer (president, vice president, secretary, treasurer), OR
• Serve the registered agent for service of process

Finding Registered Agent:

• Search Indiana Secretary of State Business Entity Database
• INBiz: https://inbiz.in.gov/

Partnership:

• Serve any general partner

Alternative Service (T.R. 4.6(C)):
When service cannot be made on executive officer or registered agent, service may be made by leaving a copy at any Indiana office with the person in charge.

Local Government:

• Serve the executive officer (mayor, county commissioner, etc.), AND
• Serve the attorney for the local governmental organization

H. Proof of Service Requirements (T.R. 5(F))

Certificate of Service Must Include:

• List of all parties served
• Date of service
• Method of service for each party

Acceptable Proof:

• Certificate of service (attorney's certification)
• Written acknowledgment of service
• Affidavit of the person who mailed/served the papers
• IEFS Notice of Electronic Filing (NEF)

Retain for Your Records:

• IEFS transaction confirmations and NEF receipts
• Certified mail return receipts (green cards)
• Commercial carrier tracking confirmations
• Copies of emails confirming electronic service

I. Declaration Under Penalties of Perjury

Indiana recognizes declarations under penalty of perjury as an alternative to notarized affidavits under Ind. Code § 34-45-4-2. The declaration should state:

"I affirm under the penalties for perjury that the foregoing representations are true."

When to Use:

• Standard certificate of service (declaration is sufficient)
• May be signed by attorney

When Notarized Affidavit is Preferred:

• Affidavit of service by process server
• Service of summons and complaint
• When court rules or orders require notarization

J. Common Mistakes to Avoid

1. Failing to include certificate of service - Required on ALL filed documents
2. Filing certificate separately - Must be at the END of the document
3. Serving unrepresented parties through IEFS only - They may not receive it
4. Forgetting the 3-day mail rule - Calendar response dates correctly
5. Not retaining proof of service - Keep all confirmations and receipts
6. Serving represented parties directly - Must serve through their attorney (T.R. 5(B))
7. Electronic service after 5:00 p.m. - Remember it's deemed complete next business day
8. Incomplete certificate - Must list all parties, dates, and methods

QUICK REFERENCE: SERVICE METHOD SELECTION

Requires prior written consent
*Only if pro se party is registered IEFS user

This template pack is designed for Indiana state court practice. Verify current rules and local court requirements before use. Rules may be amended; always check rules.incourts.gov for the most current version of the Indiana Trial Rules.