Indiana Certificate of Service Pack

INDIANA CERTIFICATE OF SERVICE PACK

Choose the form that matches the paper actually served. Place a certificate for a filed document at the end of that document as Trial Rule 5(C) directs. Original process requires a Rule 4.15 return; subpoenas follow Rule 45.

FORM 1: STANDARD CERTIFICATE OF SERVICE

(For Motions, Briefs, and General Pleadings)

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

Cause No.: [________________________________]

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 (IEFS) - Electronic service upon a User shown on the NEF
• ☐ Approved electronic means to: [________________________________] (recipient consented; T.R. 5(B)(3)(b))
• ☐ 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 (IEFS) - Electronic service upon a User shown on the NEF
• ☐ Approved electronic means to: [________________________________] (recipient consented; T.R. 5(B)(3)(b))
• ☐ 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 (IEFS) - Electronic service upon a User shown on the NEF
• ☐ Approved electronic means to: [________________________________] (recipient consented; T.R. 5(B)(3)(b))
• ☐ 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 (IEFS) - Electronic service upon a User shown on the NEF
• ☐ Approved electronic means to: [________________________________] (recipient consented; T.R. 5(B)(3)(b))
• ☐ 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

IEFS notice/transaction ID (if applicable): [________________________________]

Time of electronic service transmission: [____:____] ☐ a.m. ☐ p.m. Time zone: [____________]

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: [__/__/____]

Signature: [________________________________]

Printed name: [________________________________]

Indiana Attorney No.: [________________________________]

Firm: [________________________________]

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

Cause No.: [________________________________]

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 delivery of summons and complaint to Defendant (T.R. 4.1(A)(2))
• ☐ Leave copies of summons and complaint at Defendant's dwelling house or usual place of abode (T.R. 4.1(A)(3)); send follow-up first-class mail under T.R. 4.1(B)
• ☐ Serve Defendant's agent as provided by rule, statute, or valid agreement (T.R. 4.1(A)(4)); send follow-up first-class mail under T.R. 4.1(B)
• ☐ Certified mail to Defendant's residence, return receipt requested and returned showing receipt (T.R. 4.1(A)(1))

Server name and Rule 4.12(A) authorization or proof basis: [________________________________]
Person who received service: [________________________________]
Relationship to Defendant (if applicable): [________________________________]
Date of service: [__/__/____]
Time of service: [____:____] ☐ a.m. ☐ p.m.
Follow-up first-class mail for T.R. 4.1(A)(3) or (4): ☐ Sent on [__/__/____] to the address on the summons: [________________________________] (T.R. 4.1(B))

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

Method of Service:

• ☐ Personal delivery of summons and complaint to Defendant (T.R. 4.1(A)(2))
• ☐ Leave copies of summons and complaint at Defendant's dwelling house or usual place of abode (T.R. 4.1(A)(3)); send follow-up first-class mail under T.R. 4.1(B)
• ☐ Serve Defendant's agent as provided by rule, statute, or valid agreement (T.R. 4.1(A)(4)); send follow-up first-class mail under T.R. 4.1(B)
• ☐ Certified mail to Defendant's residence, return receipt requested and returned showing receipt (T.R. 4.1(A)(1))

Server name and Rule 4.12(A) authorization or proof basis: [________________________________]
Person who received service: [________________________________]
Relationship to Defendant (if applicable): [________________________________]
Date of service: [__/__/____]
Time of service: [____:____] ☐ a.m. ☐ p.m.
Follow-up first-class mail for T.R. 4.1(A)(3) or (4): ☐ Sent on [__/__/____] to the address on the summons: [________________________________] (T.R. 4.1(B))

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): [________________________________]
• ☐ Office service under T.R. 4.6(C) after inability to use (A) or (B), shown in affidavit or return: [________________________________]

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 the Indiana Attorney General at the verified current service address: [________________________________]

Method of service on Attorney General:

• ☐ Personal service upon Attorney General, deputy, or clerk
• ☐ Registered/certified mail or other Rule 4.1(A)(1) method with returned receipt showing receipt

Attachments

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

Attach the signed server's return required by Trial Rule 4.15. This summary does not replace the return, and the signer should certify only service facts established by the attached proof.

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

Date: [__/__/____]

Signature: [________________________________]

Printed name: [________________________________]

Indiana Attorney No.: [________________________________]

Firm: [________________________________]

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

Cause No.: [________________________________]

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:

• ☐ IEFS E-Service to User shown on NEF under Trial Rule 86(B)(3)(a)
• ☐ IOJA-approved electronic means (with recipient consent)
• ☐ Hand delivery
• ☐ U.S. Mail, first-class postage prepaid
• ☐ Certified mail, return receipt requested
• ☐ Commercial carrier

Discovery Service and Response Deadline:

For interrogatories, production requests, and admissions, provide the editable electronic copy required by Trial Rule 26(A.1), or the verified inability statement it allows. Do not file routine discovery requests or responses with the court unless Trial Rule 5(D)(2) permits it.

Original response deadline under applicable rule: [________________________________] days

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

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

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

Date: [__/__/____]

Signature: [________________________________]

Printed name: [________________________________]

Indiana Attorney No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

City, State ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney for [________________________________]

FORM 4: CERTIFICATE OF SERVICE FOR SUBPOENAS

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

Cause No.: [________________________________]

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:

Trial Rule 45(G) ties fee tender to required attendance outside the witness's county of residence and states exemptions for parties and organizational representatives.

• ☐ Yes - Amount: $[____] witness fee + $[____] mileage = $[____] total
• ☐ Not tendered; Rule 45(G) basis or court order: [________________________________]

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

If this is a nonparty production request, I served the proposed request and subpoena on all other parties on [__/__/____], at least ten days before nonparty service under Trial Rule 34(G)(2), or one day before service if its hearing or emergency exception applies. Basis for any exception: [________________________________]. Objections, meeting, and any motion to quash under Rule 34(G)(3): [________________________________]. For any other notice requirement, identify the rule or order: [________________________________].

• ☐ Sheriff's return attached. ☐ Affidavit of the person who served attached, as Trial Rule 45(H) requires for a non-sheriff server.

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

Date: [__/__/____]

Signature: [________________________________]

Printed name: [________________________________]

Indiana Attorney No.: [________________________________]

Firm: [________________________________]

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

Cause No.: [________________________________]

AFFIDAVIT OF SERVICE

State: Indiana

County: [________________________________]

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.

• ☐ Service at Dwelling: I left copies of the summons and complaint at the dwelling house or usual place of abode of the person to be served at [________________________________] (T.R. 4.1(A)(3)). I sent the follow-up copies by first-class mail as recorded below (T.R. 4.1(B)).

• ☐ Service on Agent: I delivered copies of the summons and complaint to [________________________________], the agent for [________________________________] under [RULE / STATUTE / VALID AGREEMENT] (T.R. 4.1(A)(4)). I sent the follow-up copies by first-class mail as recorded below (T.R. 4.1(B)).

Follow-up first-class mail for T.R. 4.1(A)(3) or (4): ☐ Sent on [__/__/____] to the address on the summons: [________________________________] (record on return)

• ☐ 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 after (A) and (B) could not be used, shown in this return (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 person specially or regularly appointed by the court under Trial Rule 4.12(A); order: [________________________________]
• ☐ Another person who made service; proof as witness or by deposition under Trial Rule 4.12(A): [________________________________]

FURTHER AFFIANT SAYETH NOT.

Affiant signature: [________________________________]

Printed name: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

VERIFICATION

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

Notary signature: [________________________________]

Printed name: [________________________________]

Indiana county of notary commission (nonresident Indiana notary: Indiana county of primary employment): [____________________]

Commission expires: [__/__/____]

[NOTARIAL SEAL]

PRACTICE NOTES FOR INDIANA CERTIFICATE OF SERVICE

A. Indiana E-Filing System (IEFS) Requirements

Electronic filing: Trial Rule 87(B) generally requires electronic filing through IEFS. An attorney may petition for an exception in each applicable case on a showing of good cause; unrepresented litigants are encouraged but not required to use IEFS.

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

E-Service through IEFS:

• The NEF identifies the Users to whom the filed document was transmitted; check those recipients rather than assuming every case participant was served
• E-service to a User is complete on transmission to the address shown in the appearance or Public Service List, as confirmed by the NEF
• 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(C), place the certificate at the end of the document being filed. A separate certificate should not be filed, but separate filing is not grounds to reject the document; if a certificate is missing, the court must require prompt filing of one.

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

1. Electronic Service via IEFS

• 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 Service by an IOJA-Approved Means (With Consent)

• Requires the recipient's consent to the approved electronic means under T.R. 5(B)(3)(b)
• Confirm the address or other destination in the appearance or correction under 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(G)

5. Certified Mail

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

6. Commercial Carrier

• Third-party carrier (FedEx, UPS, etc.)
• Must be carrier from which receipt can be obtained
• Service complete upon deposit with carrier
• Does not trigger Rule 6(G), which applies to U.S. mail only

C. Service Timing Rules Under Indiana Trial Rule 6

The Three-Day Mail Rule (T.R. 6(G)):
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 Rule 4 or Rule 45 Controls

Initial summons and complaint use the applicable Trial Rule 4 method and return, not a later-paper certificate alone. A pleading asserting new or additional claims against a party in default for failure to appear is served as a summons under Rule 5(A). Rule 45(C) governs subpoena service. For other later papers, Rule 5(B) allows service on an unrepresented party by its applicable delivery, mail, or consented electronic route; check any court order.

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: Confirm the current address and serve the Attorney General through a Rule 4.1 method, documenting the recipient or returned mail receipt. Address used: [________________________________].

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(C))

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

Trial Rule 11(D) permits an affirmation under penalties for perjury when an oath or verified court document is required. 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

J. Common Mistakes to Avoid

1. Omitting the certificate - Rule 5(C) requires one when tendering a document for filing
2. Filing certificate separately - Place it at the end of the document as T.R. 5(C) directs; a separate filing is not grounds for rejection
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: CHOOSE THE GOVERNING RULE

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.