If in any action or proceeding involving real property, instituted in any court of this state, it appears from the allegations of any pleading filed therein that the state of Indiana has, or claims to have a lien upon or an interest in such real estate, the state may be made a party defendant to the action, and shall be bound by any judgment or decree rendered thereon. Service of summons shall be made upon the Attorney General as provided in Rule 4.8. It shall be the duty of the Attorney General, in person or by deputy to appear and defend such pro- ceedings or suit, on behalf of the state of Indiana. The Attorney General may, in his dis- cretion, designate the prosecuting attorney of the circuit in which such action is pending as his deputy for the purpose of defending such proceedings or suit on behalf of the state of Indiana. After the prosecuting attorney enters his appearance as such deputy, pleadings under Rule 5 shall be served upon him for and on behalf of the Attorney General. The state may appeal from such judgment or decree, in like manner and under the same terms and conditions as other parties in like cases. This rule is meant, without limitation, to apply to actions to foreclose a mortgage or other lien on real estate, to subject any real estate to sale, or to partition or quiet title to real estate. Further, in any case in which the Attorney General represents the State of Indiana, the judge presiding in the case where such cause is pending, shall promptly notify the Attorney General by United States mail, addressed to his office in Indianapolis, Indiana, of any ruling made in such cause or of the fixing of a date for the trial thereof.
Rule 17.1.Parties: State as party—Attorney general
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 17.1 lets a party name the State of Indiana as a defendant in a real-estate lawsuit whenever the state has or claims a lien or interest in the property, spelling out how to serve the state, who defends it, and the judge’s duty to notify the Attorney General.
Full Text of Rule 17.1
Amendment History
This rule’s current text took effect April 13, 1971. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Trial Rule 17.1 has no counterpart in the Federal Rules of Civil Procedure — it addresses a distinctly Indiana concern: making sure the state, when it holds or claims a lien or an interest in real property caught up in a lawsuit, can be brought into the case and bound by its outcome the same way any other interested party would be. When a pleading on file shows the State of Indiana has, or claims to have, a lien on or an interest in the real property at issue, the state can be added as a defendant, and it will be bound by whatever judgment or decree the court enters — which matters most in the kinds of cases the rule specifically calls out: foreclosing a mortgage or other lien, forcing a sale of real estate, or resolving a partition or quiet-title dispute. The rule says its reach isn’t limited to those examples, so it can extend to other real-property cases where the state’s interest shows up in the pleadings.
The rule then handles the mechanics of bringing the state into the case. Service goes to the Attorney General, following the separate rule governing service on state officials. From there, it’s the Attorney General’s job — personally or through a deputy — to appear and defend the state’s interest. The Attorney General has the option of deputizing the local prosecuting attorney in the county where the case is pending; once that prosecutor formally appears as deputy, later pleadings can be served on the prosecutor instead of going to the Attorney General’s office directly. If the outcome doesn’t go the state’s way, it can appeal on the same terms as any other party.
The rule closes with an ongoing notice duty that runs the other direction: whenever the Attorney General is representing the state in a case, the trial judge has to promptly mail notice to the Attorney General’s office in Indianapolis every time there’s a ruling in the case or a trial date gets set. That keeps the state’s counsel current on the case even after the initial appearance, without requiring them to monitor the docket on their own.
Frequently Asked Questions
When does Trial Rule 17.1 apply?
It applies to any lawsuit involving real property where a pleading on file shows the State of Indiana has, or claims to have, a lien on or an interest in that property. The rule specifically covers mortgage or lien foreclosures, forced sales of real estate, and partition or quiet-title actions, though it isn’t limited to those examples.
How do I serve the State of Indiana as a defendant under this rule?
Service of summons goes to the Attorney General, following the procedure set out in the separate rule governing service on state officials.
Who defends the state — the Attorney General or the local prosecutor?
The Attorney General is responsible for defending the state, personally or through a deputy, but has discretion to designate the prosecuting attorney of the county where the case is pending to serve as that deputy. Once the prosecutor formally appears in that role, later pleadings can be served on the prosecutor rather than the Attorney General’s office.
Is the state bound by the outcome if it’s named as a defendant under this rule?
Yes. Trial Rule 17.1 says the state is bound by any judgment or decree entered once it’s made a party defendant under this rule.
Can the State of Indiana appeal a judgment entered against it under this rule?
Yes. The rule gives the state the same right to appeal, on the same terms and conditions, as any other party to the case.
Does the trial judge have any ongoing duty to the Attorney General after the state appears?
Yes. Whenever the Attorney General represents the state in the case, the presiding judge must promptly mail notice to the Attorney General’s office in Indianapolis of any ruling made in the case or of a trial date being set.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 17.1). 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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