(A) In general. Whenever service is made by delivering a copy to a person personally or by leaving a copy at his dwelling house or place of employment as provided by Rule 4.1, summons shall be issued to and served by the sheriff, his deputy, or some person specially or regularly appointed by the court for that purpose. Service shall be effective if made by a person not otherwise authorized by these rules, but proof of service by such a person must be made by him as a witness or by deposition without allowance of expenses therefor as costs. The person to whom the summons is delivered for service must act promptly and exercise reasonable care to cause service to be made.
Rule 4.12.Summons: Service by sheriff or other officer
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 4.12 says who is authorized to hand-deliver a summons — usually a sheriff, deputy, or court-appointed process server — and sets the rules for serving someone in a different county, serving someone outside Indiana, and using an off-duty police officer for a fee.
Full Text of Rule 4.12
(B) Special service by police officers. A sheriff, his deputy, or any full-time state or municipal police officer may serve summons in any county of this state if he agrees or has agreed to make the service. When specially reques- ted in the praecipe for summons, the complaint and summons shall be delivered to such officer by the clerk or the attorney for the person seeking service. No agreement with the sheriff or his deputy for such service in the sheriff’s own county shall be permitted. In no event shall any expenses agreed upon under this provision be assessed or recovered as costs or affect court costs otherwise imposed for regular service.
(C) Service in other counties. A summons may be served in any county in this state. If service is to be made in another county, the summons may be issued by the clerk for service therein to the sheriff of such county or to a person authorized to make service by these rules.
(D) Service outside the state. Personal service, when permitted by these rules to be made outside the state, may be made there by any disinterested person or by the attorney representing the person seeking such service. The expenses of such person may be assessed as costs only if they are reasonable and if service by mail or other public means cannot be made or is not successful.
Amendment History
This rule’s current text took effect January 1, 1970. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
When someone is served in person, or by leaving papers at their home or workplace under Rule 4.1, someone has to physically carry those papers and hand them over or leave them. Section (A) says that job normally belongs to the sheriff, a deputy, or a person the court has specially or regularly appointed to serve process. But the rule doesn’t make that exclusive: service by anyone else still counts, as long as that person later proves it happened by testifying or giving a deposition — the trade-off is that their expenses can’t be charged as court costs. Whoever ends up with the summons has to move on it promptly and take reasonable care getting it done.
Section (B) opens a second door: any sheriff, deputy, or full-time state or municipal police officer can serve a summons anywhere in Indiana if they agree to take the job, and the praecipe can specifically ask the clerk or the attorney to route the papers to that officer. There’s one carve-out — a sheriff or deputy can’t take on this kind of paid arrangement inside their own county — and whatever gets paid for this special service never counts as a court cost, either on its own or by inflating the regular service fee.
Section (C) confirms that a summons can be served anywhere in Indiana, no matter which county the case was filed in. If service needs to happen in a different county, the clerk sends the summons to that county’s sheriff, or to anyone else authorized under the rules to serve process there.
Section (D) covers service outside Indiana, in the situations where other rules permit it. That kind of personal, hand-to-hand service can be carried out by any disinterested person or by the attorney handling the case. The cost of that out-of-state service can be charged back as a court cost, but only if the amount is reasonable and only if mail or another public method of service either can’t be used or already failed.
Frequently Asked Questions
Who is allowed to personally serve a summons in Indiana?
Ordinarily the sheriff, a deputy, or someone the court has appointed — either specially for one case or on a regular basis — to serve process. Service by someone outside that list still counts under Rule 4.12, but the person who did it has to prove the service happened through their own testimony or a deposition, and their expenses can’t be billed as court costs.
Can a private process server serve papers in Indiana?
Yes, if the court has appointed that person, either as a standing arrangement or for a specific case. Even without a court appointment, service by an otherwise unauthorized person is still effective under Rule 4.12 — it just means that person has to testify or submit a deposition to prove the service occurred, rather than relying on a simple written return.
Can a sheriff serve papers for extra pay in their own county?
No. Rule 4.12(B) allows a sheriff, deputy, or full-time police officer to agree to serve a summons anywhere in the state for a fee, but it specifically bars that kind of paid arrangement with a sheriff or deputy inside their own county.
How does service work when the defendant lives in a different county?
The clerk issues the summons for service in that county, addressed either to that county’s sheriff or to another person authorized under the trial rules to serve process there. A summons can be served anywhere in Indiana; the case doesn’t have to stay confined to the county where it was filed.
Who can serve papers on someone living outside Indiana?
Any disinterested person, or the attorney handling the case, can carry out personal service outside the state in the situations where the trial rules allow out-of-state service. The costs of that service can be charged as court costs, but only if they’re reasonable and only if mail or another public method of service isn’t available or already failed.
Can the expense of special police service be added to the losing party’s court costs?
No. Rule 4.12(B) is explicit that whatever gets paid for this kind of special service by an off-duty officer is never assessed or recovered as a court cost, and it can’t be used to increase the ordinary court costs charged for regular service either.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 4.12). 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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