Rule 4.6.Service upon organizations
Current through July 1, 2026 · Last verified July 13, 2026
Full Text of Rule 4.6
Amendment History
This rule’s current text took effect January 1, 2026. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 4.6 answers a question that comes up whenever an organization is a defendant: an organization has no single person who automatically stands in for it in a lawsuit, so the rule designates specific people through whom the organization is legally reached. “Organization” covers a wide range of entities — corporations, partnerships, unincorporated associations, business trusts, and governmental bodies among them.
Section A lays out who counts as the right recipient depending on the type of organization. A domestic or foreign organization can be served through an executive officer, or through an agent who has been appointed — or is deemed by law to have been appointed — to receive service. A partnership is served through a general partner. A state governmental organization requires service on both its executive officer and the Attorney General, not one or the other. A local governmental organization requires service on its executive and on the attorney who represents that local body. And when a government official is named as a defendant individually, or by name along with an official title, that individual must be served too, in addition to the organization-level service.
Section B governs how the designated recipient gets served: the ordinary individual-service methods apply, with one protective limit. Service must not knowingly be directed to that person’s home unless the address was already furnished under a statute or agreement, or an affidavit attached to the summons explains why another manner of service is impractical — a safeguard against reaching an organization’s officer at home just because that address is easy to find. The rule also lets a registered agent be served electronically, once that agent has consented to accept service in that manner.
Section C provides the fallback: when an affidavit or the return shows that service could not be completed under Sections A or B, the papers can be left at any office the organization maintains within Indiana, with whoever is in charge there. That keeps a case from stalling entirely because the officer or agent the rule prefers happens to be unreachable.
Frequently Asked Questions
Who do I serve when suing a corporation in Indiana?
An executive officer of the corporation, or, if one has been appointed or is deemed appointed by law, its registered agent for service. Either option satisfies Rule 4.6(A)(1).
How do I serve a partnership?
Through a general partner. Rule 4.6(A)(2) treats service on any general partner as service on the partnership itself.
How do I serve a state or local government agency?
For a state governmental organization, serve both the executive officer of the agency and the Attorney General — Rule 4.6(A)(3) requires both, not either one. For a local governmental organization, serve the local executive and the attorney who represents that local body under Rule 4.6(A)(4). If a specific official is also named individually as a defendant, that person must be served too.
Can I serve a company officer at their home?
Not knowingly, unless that home address is one already furnished under a statute or agreement, or an affidavit attached to the summons explains why serving the person any other way is impractical. Rule 4.6(B) builds in that limit to keep organizational service from routinely reaching into an officer’s personal residence.
Can service on an organization be made electronically?
Yes, when the organization’s registered agent has consented to accept service by electronic means. Outside of that consent, the ordinary individual-service methods still govern.
What if I cannot find or reach anyone the rule names?
Once an affidavit or the return shows that service could not be made on the people Sections A and B describe, Rule 4.6(C) allows leaving a copy of the summons and complaint at any of the organization’s in-state offices with the person in charge there.
What is an “executive officer” for purposes of this rule?
Rule 4.6 does not define the term itself — a separate Trial Rule supplies that definition as part of the broader definitions that apply across the service rules. Courts read it to reach whoever holds meaningful authority within the organization, not only its highest-ranking officer.