When the person to be served is a resident of this state who cannot be served personally or by agent in this state and either cannot be found, has concealed his whereabouts or has left the state, summons may be served in the manner provided by Rule 4.9 (summons in in rem actions).
Rule 4.5.Summons: Service upon resident who cannot be found or served within the state
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 4.5 lets a plaintiff serve an Indiana resident who cannot be found, has hidden their whereabouts, or has left the state by using the same service methods Rule 4.9 provides for in rem actions, instead of the standard in-state methods for individuals.
Full Text of Rule 4.5
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
Rule 4.1 assumes a defendant can be reached in Indiana — at a home, a workplace, or in person. Rule 4.5 covers what happens when that assumption breaks down for someone who is still, technically, an Indiana resident: the person cannot be served personally or through an agent within the state, and on top of that either cannot be found, has hidden where they are, or has left Indiana entirely.
Rather than create a separate set of procedures for this situation, Rule 4.5 borrows the ones already built for a different kind of case: the service methods Rule 4.9 allows in in rem actions, cases centered on property or a status located in Indiana. That includes options like service outside the state or service by publication — methods designed for defendants who are hard to reach directly. Rule 4.5 makes those same options available for a resident who has become hard to reach, even when the underlying lawsuit has nothing to do with property.
This rule applies only to someone who is a resident of Indiana. A person who is not an Indiana resident, or whose residency is uncertain, falls instead under Rule 4.4’s long-arm provisions, which govern jurisdiction and service for people outside the state.
Frequently Asked Questions
Who qualifies as a “resident who cannot be found” under Rule 4.5?
Someone who is a resident of Indiana at the time of service, but who cannot be served personally or through an agent within the state, and who either cannot be located, has concealed where they are, or has left Indiana.
Why does this rule send me to Rule 4.9, which covers in rem actions?
Rule 4.9 already sets out service methods built for defendants who are difficult to reach directly, including service outside the state and service by publication. Rule 4.5 borrows those same methods for a hard-to-find resident rather than building a separate procedure from scratch, even though the lawsuit itself may have nothing to do with property.
Does using Rule 4.5 mean my case has to involve property?
No. Rule 4.5 borrows Rule 4.9’s service methods for convenience, but it does not turn the case into an in rem action or require that the case involve a res. It applies whenever a resident defendant cannot be found or served within the state, regardless of what the lawsuit is about.
Can I use Rule 4.5 to serve someone who lives in another state?
No. Rule 4.5 applies only to a resident of Indiana. A defendant who lives outside Indiana falls instead under Rule 4.4, which governs jurisdiction and service for nonresidents and others whose connection to the state differs from a resident who has become hard to locate.
What service methods become available once Rule 4.5 applies?
What if I later learn where the defendant is living?
Rule 4.5 does not address that directly, but once a defendant’s whereabouts become known, using the more direct service methods available under Rule 4.1 helps avoid a later challenge to whether service by publication or out-of-state service was justified.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 4.5). 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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