When an order is made in favor of a person who is not a party to the action, he may enforce obedience to the order by the same process as if he were a party; and, when obedience to an order may be lawfully enforced against a person who is not a party, he is liable to the same process for enforcing obedience to the order as if he were a party.
Rule 71.Process in behalf of and against persons not parties
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 71 lets someone who isn’t a party to a case enforce a court order made in their favor, and lets the same enforcement tools be used against a non-party who owes obedience to an order, both times using the identical process available to an actual party.
Full Text of Rule 71
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
Court orders usually run between the people named in a case. Trial Rule 71 covers the situations where they don’t — where an order benefits, or binds, someone who was never made a formal party. It works in both directions: a non-party in whose favor an order is made can enforce that order using the same process a party would use, and a non-party who is lawfully bound to obey an order can be made to answer to that same process, as if they were a party themselves.
The rule doesn’t decide, on its own, which non-parties qualify. That question is answered elsewhere — by the rules and principles that let certain non-parties benefit from or be bound by a case: people represented by a party, unidentified or unknown parties, those affected by a suit against a government body, class members, and others connected closely enough to a case that fairness lets an order reach them despite their not being named. Trial Rule 71 assumes that connection has already been established; it only supplies the mechanics for enforcing the order once it has. And it doesn’t relax the ordinary requirement of due process — a non-party still has to be properly subject to the court’s authority before an order can be enforced against them.
Frequently Asked Questions
Can someone who was never a party to a lawsuit enforce a court order made in their favor?
Yes. Trial Rule 71 lets a non-party in whose favor an order was made enforce that order by the same process a party would use, without first having to formally join the case as a party.
Can a court order be enforced against someone who was never a party to the case?
Yes, if that person is lawfully bound to obey the order. Trial Rule 71 makes the same enforcement process available against a non-party who owes obedience to an order as would be available against a party.
Does Trial Rule 71 decide who counts as bound by or entitled to enforce a court order?
No. The rule assumes that question has already been answered by other rules and principles — for example, those governing representative parties, class members, or people affected by a suit against a government entity. Trial Rule 71 only supplies the enforcement mechanism once that connection is established.
Does this rule let a court enforce an order against a non-party without any due process?
No. Trial Rule 71 doesn’t excuse a court from the ordinary requirements of due process. A non-party can be made to answer to an order only when they are properly subject to the court’s authority in the first place.
What kinds of non-parties commonly benefit from or are bound by orders under this rule?
Examples include people represented by a party in the case, unknown or unidentified parties, people affected by a lawsuit against a governmental body, members of a class, and others whose relationship to a named party makes it fair to bind them to, or let them benefit from, the court’s order.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 71). 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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