Rule 4.16.Summons: Duties of persons to aid in service
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 4.16 makes accepting service a two-way street: it obligates the person being served to cooperate and sign for personal service, obligates anyone who accepts papers for someone else to pass them along or say they can’t, and bars anyone involved in serving papers from punishing the person served.
(A)It shall be the duty of every person being served under these rules to cooperate, accept service, comply with the provisions of these rules, and, when service is made upon him per- sonally, acknowledge receipt of the papers in writing over his signature.
(1)Offering or tendering the papers to the person being served and advising the person that he or she is being served is adequate service.
(2)A person who has refused to accept the offer or tender of the papers being served thereafter may not challenge the service of those papers.
(B)Anyone accepting service for another person is under a duty to:
(1)promptly deliver the papers to that person;
(2)promptly notify that person that he holds the papers for him; or
(3)within a reasonable time, in writing, notify the clerk or person making the service that he has been unable to make such delivery of notice when such is the case.
(C)No person through whom service is made under these rules may impose any sanction, penalty, punishment, or discrimination whatsoever against the person being served because of such service. Any person willfully violating any provision of this rule may be subjected to contempt proceedings.
Amendment History
This rule’s current text took effect January 1, 1993. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Section (A) puts a duty on the person being served: cooperate, accept the papers, follow the trial rules, and, when service happens in person, sign a written acknowledgment of receipt. The rule then defines what counts as adequate service in that moment: offering or holding out the papers to the person and telling them they’re being served is enough on its own, even if the person won’t physically take the papers. And once someone has refused that offer, they lose the right to later argue in court that service never happened.
Section (B) covers anyone who accepts papers meant for someone else — a coworker, a family member, a receptionist. That person takes on a duty to promptly hand the papers to the intended recipient, or promptly let that person know the papers are waiting for them. If neither is possible, the person holding the papers has to notify the clerk or whoever is handling service, in writing, within a reasonable time, that delivery couldn’t be made.
Section (C) protects the person being served from retaliation. Nobody involved in carrying out service — a sheriff, an employer, anyone else in the chain — can penalize, sanction, or discriminate against a person because they were served with papers. Willfully breaking any part of Rule 4.16, whether it’s refusing to cooperate, failing to pass along papers, or punishing someone for being served, can lead to contempt proceedings.
Frequently Asked Questions
Can I refuse to accept service of a lawsuit in Indiana?
You can refuse to physically take the papers, but it won’t stop service from being effective. Rule 4.16(A) says that offering the papers to you and telling you that you’re being served counts as adequate service on its own. Once you’ve refused that offer, you can’t later argue in court that you were never served.
Do I have to sign anything when I’m personally served?
Rule 4.16(A) requires a person served in person to acknowledge receipt of the papers in writing, over their signature. Refusing to sign doesn’t undo the service — it can still be treated as effective under the rule’s offer-and-refusal provision.
What if I accept papers for my spouse or roommate — am I obligated to do anything with them?
Yes. Rule 4.16(B) requires anyone who accepts service for someone else to promptly deliver the papers to that person or promptly let them know the papers are being held for them. If delivery isn’t possible, the person holding the papers has to notify the clerk or the person who made service, in writing, within a reasonable time.
Can my employer punish me for being served with a lawsuit at work?
No. Rule 4.16(C) bars anyone through whom service was made from imposing any sanction, penalty, punishment, or discrimination against the person served because of it. That protection extends to an employer when service happens at the workplace, and a willful violation can lead to contempt proceedings.
What happens if someone willfully violates the duties in Rule 4.16?
They can be held in contempt of court. That applies whether the violation is a person served refusing to cooperate, someone holding papers for another person failing to pass them along or report the failure, or anyone in the chain of service punishing the person who was served.
Does Rule 4.16 apply to service by mail, or only to in-person service?
Most of Rule 4.16(A) is written around personal service — the duty to acknowledge receipt in writing applies when service is made on someone directly. But the cooperation duty in the opening sentence, the rules for people who accept papers for someone else in section (B), and the anti-retaliation protection in section (C) aren’t limited to any one method of service.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 4.16). 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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