Rule 4.8.Summons: Service of pleadings or summons on Attorney General
Current through July 1, 2026 · Last verified July 13, 2026
Full Text of Rule 4.8
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
Some cases require serving the Indiana Attorney General directly — for instance, when a state agency or officer is a defendant, since Rule 4.6 already requires Attorney General service alongside service on the agency’s executive officer. Rather than leave the mechanics to guesswork, Rule 4.8 spells out exactly how service on the Attorney General is accomplished.
Two channels satisfy the rule. The papers can be personally delivered to the Attorney General, or to a deputy or clerk at the Attorney General’s office. Or they can be mailed, or delivered by another public means, to that office, using the same mail-service method Rule 4.1(A)(1) sets out for serving an individual — a method built around getting a written acknowledgment of receipt. Rule 4.11’s provisions on mail service apply as well, to the extent they fit this kind of service.
Because Rule 4.6(A)(3) requires serving both the agency’s executive officer and the Attorney General when a state governmental organization is sued, Rule 4.8 is the piece that tells a plaintiff how to complete that second half of service — skipping it is not a shortcut, since both pieces are required.
Frequently Asked Questions
When do I need to serve the Attorney General under Rule 4.8?
Whenever the Trial Rules or a statute requires serving the Attorney General — most commonly when a state governmental organization or officer is sued, since Rule 4.6(A)(3) requires service on both the agency’s executive officer and the Attorney General.
Can I serve the Attorney General by mail?
Yes. Rule 4.8 allows mail or other public means of delivery to the Attorney General’s office, following the same method Rule 4.1(A)(1) uses for mailing a summons to an individual.
Who at the Attorney General’s office can accept service in person?
The Attorney General personally, or a deputy or clerk at the Attorney General’s office. Personal delivery to any of the three satisfies the rule.
Is serving the Attorney General the only step needed when suing a state agency?
No. Rule 4.6(A)(3) requires service on both the executive officer of the agency being sued and the Attorney General. Rule 4.8 tells you how to complete the Attorney General half of that requirement — it does not replace service on the agency itself.
What happens if I serve the state agency but forget the Attorney General?
Because service on both the agency’s executive officer and the Attorney General is required, leaving out the Attorney General can leave service incomplete, which can affect the court’s power to proceed against that defendant until proper service is completed.
Does Rule 4.8 apply to every pleading, or just the initial complaint?
It applies broadly — the rule covers service of the summons and complaint, and any pleading required to be served on the Attorney General under the Trial Rules or a statute.