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Rule 4.8.Summons: Service of pleadings or summons on Attorney General

Current through July 1, 2026 · Last verified July 13, 2026

In one sentenceRule 4.8 sets how to serve the Attorney General with a summons, complaint, or other pleading — personal delivery to the Attorney General or a deputy or clerk at that office, or mail or other public means to the office, following Rule 4.1(A)(1) and Rule 4.11 where they apply.

Full Text of Rule 4.8

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Service of a copy of the summons and complaint or any pleading upon the Attorney General under these rules or any statute shall be made by personal service upon him, a deputy or clerk at his office, or by mail or other public means to him at such office in the manner provided by Rule 4.1(A)(1), and by Rule 4.11 to the extent applicable.

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.

Source & verification. The rule text is reproduced verbatim from the official Indiana Rules of Trial Procedure (T.R. 4.8). 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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