Rule 4.7.Summons: Service upon agent named by statute or agreement
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 4.7 governs service on an agent a statute or agreement has designated to accept papers for someone else — Rule 4.10 when that agent is a government body, Rule 4.1 or 4.6 otherwise — with the Secretary of State as backup if the real agent cannot be reached.
Full Text of Rule 4.7
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Whenever an agent (other than an agent appointed to receive service for a governmental organization of this state) has been designated by or pursuant to statute or valid agreement to receive service for the person being served, service may be made upon such agent as fol- lows:
(1)If the agent is a governmental organization or officer designated by or pursuant to stat- ute, service shall be made as provided in Rule 4.10.
(2)If the agent is one other than that described above, service shall be made upon him as provided in Rule 4.1 (service upon individuals) or 4.6 (service upon organizations). If ser- vice cannot be made upon such agent, because there is no address furnished as required by statute or valid agreement or his whereabouts in this state are unknown, then his prin- cipal shall be deemed to have appointed the Secretary of State as a replacement for the agent and service may be made upon the Secretary of State as provided in Rule 4.10.
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
Businesses and individuals engaged in certain activities are often required — by statute, or by their own contract — to designate someone within Indiana who can accept a lawsuit on their behalf, so a plaintiff does not have to track the person down directly. Rule 4.7 explains how to serve that designated stand-in, splitting into two paths depending on what kind of agent is involved. It leaves out one category entirely: an agent appointed to receive service for one of Indiana’s own governmental organizations, since Rule 4.6 already covers that situation.
If the designated agent is itself a governmental organization or officer named by statute, service follows the procedure in Rule 4.10. If the agent is anyone else, service follows the ordinary channels — Rule 4.1 for an individual agent, or Rule 4.6 for an organization acting as agent.
The rule then builds in a backup. If the agent cannot be served because no address was furnished as the statute or agreement required, or because the agent’s whereabouts within Indiana are unknown, the person or entity that appointed the agent is treated as having appointed the Indiana Secretary of State instead, and service proceeds against the Secretary of State under Rule 4.10. That keeps a case from stalling just because a designated agent has moved, closed shop, or otherwise become unreachable.
Frequently Asked Questions
What is a “statutory agent” or an agent appointed by agreement for service of process?
It is a person or entity that a statute, or a contract between the parties, designates in advance to accept a lawsuit on someone else’s behalf. Businesses that operate under certain licensing or registration statutes, and parties to some contracts, often designate this kind of agent so a plaintiff has a reliable, known place to send service.
How do I serve an agent that a statute names?
It depends on what the agent is. If the agent is a governmental organization or officer designated by statute, service follows the procedure set out in Rule 4.10. If the agent is anyone else, ordinary service under Rule 4.1 or Rule 4.6 applies.
How do I serve an agent named in a private contract?
The same way as any other individual or organizational agent — through Rule 4.1 if the agent is a person, or Rule 4.6 if the agent is an organization — unless that agent turns out to be a governmental body or officer, in which case Rule 4.10 controls instead.
What happens if I cannot locate the designated agent?
If no address was furnished as the statute or agreement required, or the agent’s whereabouts in Indiana are unknown, Rule 4.7 treats the agent’s principal as having appointed the Indiana Secretary of State as a replacement agent, and service proceeds against the Secretary of State under Rule 4.10.
Does this mean the Secretary of State ends up handling service whenever an agent cannot be found?
Only for the paperwork routing — Rule 4.7 deems the Secretary of State to have been appointed in the missing agent’s place so that service can be completed, following the mechanics in Rule 4.10. It is a legal stand-in built into the rule, not a discretionary choice a plaintiff makes.
Does Rule 4.7 cover agents for Indiana government agencies?
No. Rule 4.7 excludes an agent appointed to receive service for a governmental organization of Indiana. Service on those organizations is governed by Rule 4.6 instead.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 4.7). 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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