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Rule 4.13 – Summons: Service by Publication

May 13, 2021 | Civil Procedure, Indiana

(A) Praecipe for summons by publication. In any action where notice by publication is permitted by these rules or by statute, service may be made by publication. Summons by publication may name all the persons to be served, and separate publications with respect to each party shall not be required. The person seeking such service, or his attorney, shall submit his request therefor upon the praecipe for summons along with supporting affidavits that diligent search has been made that the defendant cannot be found, has concealed his whereabouts, or has left the state, and shall prepare the contents of the summons to be published. The summons shall be signed by the clerk of the court or the sheriff in such manner as to indicate that it is made by his authority.
(B) Contents of summons by publication. The summons shall contain the following information:

(1) The name of the person being sued, and the person to whom the notice is directed, and, if the person’s whereabouts are unknown or some or all of the parties are unknown, a statement to that effect;
(2) The name of the court and cause number assigned to the case;
(3) The title of the case as shown by the complaint, but if there are multiple parties, the title may be shortened to include only the first named plaintiff and those defendants to be served by publication with an appropriate indication that there are additional parties;
(4) The name and address of the attorney representing the person seeking service;
(5) A brief statement of the nature of the suit, which need not contain the details and particulars of the claim. A description of any property, relationship, or other res involved in the action, and a statement that the person being sued claims some interest therein;
(6) A clear statement that the person being sued must respond within thirty [30] days after the last notice of the action is published, and in case he fails to do so, judgment by default may be entered against him for the relief demanded in the complaint.
(C) Publication of summons. The summons shall be published three [3] times by the clerk or person making it, the first publication promptly and each two [2] succeeding publications at least seven [7] and not more than fourteen [14] days after the prior publication, in a newspaper authorized by law to publish notices, and published in the county where the complaint or action is filed, where the res is located, or where the defendant resides or where he was known last to reside. If no newspaper is published in the county, then the summons shall be published in the county in this state nearest thereto in which any such paper may be printed, or in a place specially ordered by the court. The person seeking the service or his attorney may designate any qualified newspaper, and if he fails to do so, the selection may be made by the clerk.
(D) By whom made or procured. Service of summons by publication shall be made and procured by the clerk, by a person appointed by the court for that purpose, or by the clerk or sheriff of another county where publication is to be made.
(E) Return. The clerk or person making the service shall prepare the return and include the following:

(1) Any supporting affidavits of the printer containing a copy of the summons which was published;
(2) An information or statement that the newspaper and the publication meet all legal requirements applicable to such publication;
(3) The dates of publication.

The return and affidavits shall be filed with the pleadings and other papers in the case and shall become a part of the record as provided in these rules.

Ind. R. Civ. P. 4.13