(A) Praecipe for summons by publication. In any action where notice by publication is permitted by these rules or by statute, service may be made by publication. Summons by publication may name all the persons to be served, and separate publications with respect to each party shall not be required. The per- son seeking such service, or his attorney, shall submit his request therefor upon the praecipe for summons along with supporting affidavits that diligent search has been made that the defendant cannot be found, has concealed his whereabouts, or has left the state, and shall prepare the contents of the summons to be published. The summons shall be signed by the clerk of the court or the sheriff in such manner as to indicate that it is made by his authority.
Rule 4.13.Summons: Service by publication
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 4.13 lets a plaintiff serve a lawsuit by newspaper publication when the defendant can’t be found, has hidden, or has left the state, and spells out what the notice must say, how often and where it must run, and how the publisher proves it happened.
Full Text of Rule 4.13
(B) Contents of summons by publication. The summons shall contain the following information:
(1) The name of the person being sued, and the person to whom the notice is directed, and, if the person’s whereabouts are unknown or some or all of the parties are unknown, a statement to that effect;
(2) The name of the court and 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 those defendants to be served by publication with an appropriate indication that there are additional parties;
(4) The name and address of the attorney representing the person seeking service;
(5) A brief statement of the nature of the suit, which need not contain the details and par- ticulars of the claim. A description of any property, relationship, or other res involved in the action, and a statement that the person being sued claims some interest therein;
(6) A clear statement that the person being sued must respond within thirty [30] days after the last notice of the action is published, and in case he fails to do so, judgment by default may be entered against him for the relief demanded in the complaint.
(C) Publication of summons. The summons shall be published three [3] times by the clerk or person making it, the first publication promptly and each two [2] succeeding publications at least seven [7] and not more than fourteen [14] days after the prior publication, in a newspaper authorized by law to publish notices, and published in the county where the complaint or action is filed, where the res is located, or where the defendant resides or where he was known last to reside. If no newspaper is published in the county, then the summons shall be published in the county in this state nearest thereto in which any such paper may be printed, or in a place specially ordered by the court. The person seeking the service or his attorney may designate any qual- ified newspaper, and if he fails to do so, the selection may be made by the clerk.
(D) By whom made or procured. Service of summons by publication shall be made and procured by the clerk, by a person appointed by the court for that purpose, or by the clerk or sheriff of another county where publication is to be made.
(E) Return. The clerk or person making the service shall prepare the return and include the following:
(1) Any supporting affidavits of the printer containing a copy of the summons which was published;
(2) An information or statement that the newspaper and the publication meet all legal requirements applicable to such publication;
(3) The dates of publication. The return and affidavits shall be filed with the pleadings and other papers in the case and shall become a part of the record as provided in these rules.
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
Publication is a last resort. Rule 4.13(A) lets a plaintiff serve someone by publishing a notice in a newspaper, but only when the trial rules or a statute already allow notice by publication in that kind of case, and only after backing the request with affidavits showing a real search — that the defendant can’t be found, has hidden their whereabouts, or has left Indiana. One published notice can cover every person who needs to be served that way; the rule doesn’t require a separate publication for each defendant. The plaintiff, or the attorney, writes the content of the notice and submits the request as part of the praecipe for summons, and the clerk or sheriff signs the notice to show it carries the court’s authority.
Section (B) lists exactly what the published notice must contain: the name of the defendant and the person the notice is directed to, or a statement that some or all of them are unknown; the court’s name and the case’s cause number; the case title, which can be shortened when there are many parties as long as it flags that other defendants exist; the name and address of the attorney seeking service; a short description of what the suit is about — no need for the full details of the claim, though any property or relationship at stake has to be described, along with a statement that the defendant claims some interest in it; and a clear warning that the defendant must respond within thirty days after the last notice runs, or risk a default judgment for what the complaint demands.
Section (C) sets the publication schedule: three separate notices, the first as soon as practical and each of the next two spaced at least seven and no more than fourteen days after the one before it. The newspaper has to be one legally authorized to carry notices, and it has to be published in the county where the case was filed, where the property at issue sits, or where the defendant lives or last lived. If no newspaper serves that county, publication moves to the nearest county that has one, or to wherever the court specially orders. The person seeking service picks the newspaper; if no one picks one, the clerk does.
Section (D) says who arranges the publication — the clerk, someone the court appoints for the job, or the clerk or sheriff of another county where the notice runs. Section (E) closes the loop: whoever handled the publication prepares a return that includes the printer’s affidavits with a copy of what ran, confirmation that the newspaper and the publication met every legal requirement, and the actual publication dates. That return, along with its affidavits, gets filed with the rest of the case papers and becomes part of the record.
Frequently Asked Questions
When can a lawsuit be served by publishing a notice in a newspaper?
Only when notice by publication is already permitted for that type of case, under another trial rule or a statute, and only after the person seeking service files affidavits showing a genuine search — that the defendant can’t be located, has hidden their whereabouts, or has left the state. Publication isn’t a shortcut available in every case; it’s reserved for situations where more direct methods of service have failed or clearly won’t work.
What has to be in a published summons?
Six things: the name of the defendant and who the notice is directed to, with a note if someone’s identity or whereabouts is unknown; the court and cause number; the case title, which can be shortened if there are many parties; the attorney’s name and address; a short description of the suit and, where relevant, the property or relationship at stake; and a clear statement that the defendant has thirty days after the last notice runs to respond, or face a default judgment.
How many times does the notice have to run, and how far apart?
Three times. The first publication should happen promptly, and each of the following two must run at least seven days, but no more than fourteen days, after the previous one.
How much time does the defendant have to respond after a published notice?
Thirty days from the date the last of the three notices is published. Rule 4.13(B)(6) requires the notice itself to state this deadline plainly, along with a warning that a default judgment can follow if the defendant doesn’t respond in time.
Which newspaper does the notice have to run in?
One authorized by law to carry legal notices, published in the county where the case was filed, where the property involved is located, or where the defendant lives or last lived. If no newspaper serves that county, the notice runs in the nearest county that has one, or wherever the court specially orders. The person seeking service can pick the newspaper; if no one does, the clerk chooses.
Does the complaint itself get published along with the notice?
No. Only the summons — the notice described in Rule 4.13(B) — gets published. The notice needs just a short statement about the nature of the suit, not the full complaint.
Can a default judgment based on publication be undone later if the defendant never knew about the case?
It can be. Indiana courts treat a defendant’s lack of real notice, even after service by publication was technically proper, as a valid reason to ask the court to set aside a default judgment. Courts also look hard at whether the search behind the publication affidavit was genuine — a quick online search or checking only an old address usually isn’t considered enough diligence to support service by publication.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 4.13). 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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