Rule 4.9.Summons: In rem actions

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

In one sentenceRule 4.9 governs service in in rem actions — cases about a res located in Indiana — allowing service on the person or agent under the Trial Rules, service outside Indiana by individual-service methods or publication, or in-state publication, so a court can decide its power over that res.

Full Text of Rule 4.9

Text sizeJump to: (A) (B)

(A) In general. In any action involving a res situated within this state, service may be made as provided in this rule. The court may render a judgment or decree to the extent of its jurisdiction over the res.

(B) Manner of service. Service under this rule may be made as follows:

(1) By service of summons upon a person or his agent pursuant to these rules; or

(2) By service of summons outside this state in a manner provided by Rule 4.1 (service upon individuals) or by publication outside this state in a manner provided by Rule 4.13 (service by publication) or outside this state in any other manner as provided by these rules; or

(3) By service by publication pursuant to Rule 4.13.

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

An in rem action is a lawsuit centered on a specific piece of property or a legal status — a res — located within Indiana, rather than a claim seeking a personal money judgment against a particular defendant. Rule 4.9(A) applies whenever the action involves a res situated in Indiana, and it caps the court’s power at the extent of its jurisdiction over that res: the court can decide rights in the property or status even without the kind of personal jurisdiction over every claimant that a money judgment against them personally would require.

Section B lists three ways service can be made in that kind of case. The first is service on the person or an agent the way the Trial Rules generally provide — the ordinary methods used in any case. The second reaches outside Indiana: service on a person outside the state using the individual-service methods in Rule 4.1, or publication outside the state under Rule 4.13, or any other manner the Trial Rules allow, wherever that person happens to be. The third is service by publication under Rule 4.13, without needing to reach outside the state at all.

Because the case is anchored to property or a status located inside Indiana’s borders, the rule does not insist on the tighter service requirements a purely personal claim demands. A party can be reached by publication or by service outside Indiana in a way that lets the court decide rights in the res, even though that same kind of service would not be enough, on its own, to support a money judgment against that person individually.

Frequently Asked Questions

What counts as an “in rem action” under Rule 4.9?

An action involving a res — a specific piece of property or a legal status — situated within Indiana. Common examples include disputes over ownership of land, foreclosure, and other proceedings aimed at property or status rather than a personal money judgment against a particular defendant.

Can a court award me money damages using the service methods in Rule 4.9?

Rule 4.9 lets a court decide rights in the res to the extent of its jurisdiction over that res. Service made under this rule, particularly service by publication or outside the state, does not by itself establish the kind of personal jurisdiction needed for a personal money judgment against the defendant.

Can I serve an out-of-state defendant by publication under this rule?

Yes. Rule 4.9(B)(2) and (B)(3) both allow publication — outside Indiana under Rule 4.13, or generally under Rule 4.13 — as valid ways to serve a defendant connected to an in rem action, even when that defendant is not in Indiana.

What is a “res” in this context?

A res is the specific thing the lawsuit is about — real property, personal property, or a status — located within Indiana. It is the anchor that gives an Indiana court authority to decide rights in it, even over a defendant the court could not otherwise reach personally.

Do I still need to serve the defendant if the case only concerns property?

Yes. Rule 4.9 requires service under one of its listed methods before the court can decide rights affecting a party’s interest in the res. The rule broadens how that service can be accomplished — including publication and out-of-state service — but it does not eliminate the service requirement.

How does Rule 4.9 connect to Rule 4.5?

Rule 4.5 lets a plaintiff serve an Indiana resident who cannot be found or served within the state by using the same methods Rule 4.9 provides for in rem actions, even when the underlying case is not about property. Rule 4.9 supplies the methods; Rule 4.5 extends them to that additional situation.

Source & verification. The rule text is reproduced verbatim from the official Indiana Rules of Trial Procedure (T.R. 4.9). 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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