Rule 83.Definitions

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

In one sentenceTrial Rule 83 defines seven terms — including “organization,” “governmental organization,” “executive,” and “signature” — that recur throughout Indiana’s trial rules, most importantly in the rules governing who can be served with process on behalf of a business or government entity.

Full Text of Rule 83

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Subject to additional definitions contained herein, and unless the context otherwise requires, in these rules:

(1) “Court on appeal” means the Indiana supreme court or the court of appeals of Indiana.

(2) “Executive” of a governmental organization includes the governor of the state; the officer or individual occupying any office or unit occupied only by one [1] person; the mayor of any city or town; in the case of a governmental unit or agency headed by more than one [1] person, the presiding officer thereof or the secretary thereof, or if none, any member thereof; in the case of a governmental corporation, the president or presiding officer, secretary, or treasurer thereof. “Executive officer” of an organization includes the president, vice president, secretary, treasurer, cashier, director, chairman of the board of directors or trustees, office manager, plant manager, or subdivision manager, partner, or majority shareholder. For purposes of service of process, notice and other papers, the term includes the personal secretary of any of the foregoing persons or any person employed under or with any of the foregoing persons and who is entrusted with respons- ible handling of legal papers, and any person employed in the organization if such person promptly delivers the papers served to one of the foregoing.

(3) “Governmental organization” includes the state, or a department, agency, corporation, office or branch thereof; a county, township, municipality or local governmental unit, or a department, agency, corporation, office or branch thereof; or any governmental rep- resentative named as such; or any governmental unit.

(4) “Governmental representative” includes an officer, agent, executive or employee of a governmental organization.

(5) “Organization” includes, without limitation, a domestic or foreign corporation, part- nership, unincorporated association, business trust, governmental organization or an organization which is a representative.

(6) “Representative” includes, without limitation, a representative of a decedent’s estate, guardian, next friend, receiver, assignee for the benefit of creditors, liquidator, trustee or the like.

(7) “Signature” or “signed” includes, without limitation, an electronic reproduction of a handwritten signature.

Amendment History

This rule’s current text took effect January 1, 2017. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.

Plain-English Summary

Trial Rule 83 collects the vocabulary the rest of the trial rules rely on. Rather than defining these terms separately every time they come up, the rule fixes their meaning once, unless the context calls for something different.

Several of the definitions work together to describe entities and the people who can act, or be served, on their behalf. An “organization” reaches beyond ordinary corporations to include partnerships, unincorporated associations, business trusts, and governmental organizations. A “governmental organization” covers the state and its departments and agencies, counties, townships, municipalities and their departments and agencies, and any governmental representative. “Executive” and “executive officer” identify the individuals — governors, mayors, presiding officers, board chairs, and comparable roles, along with, for service purposes, their personal secretaries and staff entrusted with handling legal papers — who stand in for these organizations. A “representative” extends the same idea to individuals, covering roles like a guardian, an estate’s representative, a receiver, or a trustee.

The remaining definitions are narrower but come up often. “Court on appeal” means the Indiana Supreme Court or the Court of Appeals of Indiana. And “signature” or “signed” isn’t limited to ink on paper — it includes an electronic reproduction of a handwritten signature, which matters given how much filing and signing now happens electronically under Rules 86 through 88.

Frequently Asked Questions

What does “organization” mean under the Indiana trial rules?

It includes, without limitation, a domestic or foreign corporation, a partnership, an unincorporated association, a business trust, a governmental organization, or an organization that’s itself a representative.

Who counts as an “executive” of a governmental organization?

The governor; the officer who occupies an office held by only one person; the mayor of a city or town; the presiding officer or secretary of a multi-member governmental body, or, if there’s none, any member; and the president, presiding officer, secretary, or treasurer of a governmental corporation.

Does an electronic signature count as a “signature” under the trial rules?

Yes. Rule 83 defines “signature” or “signed” to include an electronic reproduction of a handwritten signature.

What is a “representative” under Rule 83?

The term includes, without limitation, a representative of a decedent’s estate, a guardian, a next friend, a receiver, an assignee for the benefit of creditors, a liquidator, a trustee, or a similar role.

What does “court on appeal” mean in the Indiana trial rules?

Either the Indiana Supreme Court or the Court of Appeals of Indiana.

What is a “governmental representative” under Rule 83?

An officer, agent, executive, or employee of a governmental organization.

Why does it matter who counts as an organization’s “executive officer” for service of process?

Because service on an organization often has to go to a person who holds one of these roles, or to that person’s secretary or staff who are entrusted with handling legal papers and promptly deliver them, the definition determines who can validly accept service on the organization’s behalf.

Source & verification. The rule text is reproduced verbatim from the official Indiana Rules of Trial Procedure (T.R. 83). 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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