Wednesday, August 9, 2017

Change to rules on serving summons in person or to agent.

This rule change is not directly connected to e-filing, but because the business processes around initial service per rule 4 are generally in flux due to e-filing, this may be a good time to incorporate the change in your procedures.

Here's a link to the court's order: http://in.gov/judiciary/files/order-rules-2017-0731-trial.pdf

In brief, the change is that when you serve a person by leaving a copy at the person's residence, or serve through an agent of the person, you must also follow up by mailing a copy of the summons and complaint to the last known address. (Emphasis added based on Richard Mann's clarifying comment below. Thanks!)

This rule change takes effect at the beginning of 2018, but it's the sort of rule that is easy to comply with now so it's already part of your routine when it becomes required.

h/t to Richard Mann for pointing this out.

2 comments:

Mann Law, P.C. said...

The only change is the person or entity serving the defendant must mail a copy of complaint and summons rather just the summons with copy service so you will need to provide sheriff or process server a copy of both.

Nick Fankhauser said...

Thanks! I've added an emphasis in the original post to clarify.