(A) Service Upon Infants. Service upon an individual known to be an infant shall be made upon his next friend or guard- ian ad litem, if service is with respect to the same action in which the infant is so represented. If there is no next friend or guardian ad litem, service shall be made upon his court-appoin- ted representative if one is known and can be served within this state. If there is no court- appointed representative, service shall be made upon either parent known to have custody of the infant, or if there is no parent, upon a person known to be standing in the position of custodian or parent. The infant shall also be served if he is fourteen [14] years of age or older. In the event that service, as provided above, is not possible, service shall be made on the infant.
Rule 4.2.Summons: Service upon infant or incompetents
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 4.2 sets a priority order for serving a minor or an incompetent person — a guardian ad litem or next friend first, then a court-appointed representative, then a parent or custodian — and requires a minor age fourteen or older to also be served personally.
Full Text of Rule 4.2
(B) Service Upon Incompetents. Service upon an individual who has been adjudged to be of unsound mind, otherwise incom- petent or who is believed to be such shall be made upon his next friend or guardian ad litem, if service is with respect to the same action in which the incompetent is so represented. If there is no next friend or guardian ad litem, service shall be made upon his court-appointed representative if one is known and can be served within this state. If there is no court-appoin- ted representative, then upon the named party and also upon a person known to be standing in the position of custodian of his person.
(C) Duty to Inform Court--Appearance. Nothing herein is intended to affect the duty of a party to inform the court that a person is an infant or incompetent. An appearance by a court-appointed guardian, next friend or guardian ad litem or his attorney shall correct any defect in service under this section unless such defect be challenged.
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
Subdivision (A) lays out a chain of priority for serving a minor. If a next friend or guardian ad litem already represents the minor in that same case, service goes to that person. If not, service goes to a court-appointed representative, as long as one exists and can be reached within Indiana. Absent that, service goes to a parent who has custody, or, if there’s no parent, to whoever is standing in a parent’s or custodian’s shoes. Only if none of those routes is possible does the rule allow service on the minor directly. Separately, and regardless of who else is served, a minor who is fourteen or older must also be served personally — a step the minor’s guardian, parent, or next friend does not satisfy on the minor’s behalf.
Subdivision (B) follows a similar structure for a person adjudged incompetent, or believed to be, minus the age-based add-on: service goes first to a next friend or guardian ad litem representing that person in the case, then to a court-appointed representative reachable in Indiana, and — if neither exists — to both the named party and whoever stands in the position of custodian of that person.
Subdivision (C) adds two protections. First, using the priority list above doesn’t excuse anyone from the separate duty to tell the court when a party is a minor or incompetent. Second, if a court-appointed guardian, next friend, guardian ad litem, or their attorney appears in the case, that appearance cures any defect in how service was made under this rule — unless someone challenges the defect.
Frequently Asked Questions
How do I serve a lawsuit on a minor in Indiana?
Service goes first to any next friend or guardian ad litem already representing the minor in the case, then to a court-appointed representative who can be reached in Indiana, then to a parent with custody, and then to whoever stands in a parent’s or custodian’s place. If none of that is possible, service may be made on the minor directly.
If a 16-year-old’s parent is served, does the teen also need to be served?
Yes. Rule 4.2(A) requires personal service on a minor who is fourteen or older, in addition to whoever else is served under the rule’s priority list.
How do I serve someone who has been declared incompetent?
Service goes first to a next friend or guardian ad litem representing them in the case, then to a court-appointed representative reachable in Indiana. If neither exists, service goes to both the named party and the person acting as custodian.
What if there’s no guardian, parent, or next friend I can find?
For a minor, Rule 4.2(A) allows service on the minor directly as a last resort. For an incompetent person, Rule 4.2(B) does not provide a similar direct-service fallback beyond the named party and custodian.
Am I required to tell the court that a party is a minor or incompetent?
Yes. Rule 4.2(C) states that nothing in the rule affects a party’s separate duty to inform the court that someone involved is a minor or incompetent.
Can an appearance fix a mistake in how I served a minor or incompetent party?
Often, yes. Under Rule 4.2(C), an appearance by the court-appointed guardian, next friend, guardian ad litem, or their attorney corrects defects in service under this rule — unless the defect is challenged.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 4.2). 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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