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Rule 4.5 5. Summons: Service upon resident who cannot be found or served within the state

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Rule Text

When the person to be served is a resident of this state who cannot be served personally or by agent in this state and either cannot be found, has concealed his whereabouts or has left the state, summons may be served in the manner provided by Rule 4.9 (summons in in rem actions).

Amendment history: Effective January 1, 1970

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Here's a plain English summary of this rule.

If someone lives in Indiana but you can't track them down to hand them court papers directly, this rule gives you another option. This applies when the person is hiding, has left the state, or simply can't be located anywhere in Indiana for personal service.

In these situations, the court allows you to serve them using the same method used for "in rem" actions, which are cases that deal with property rather than serving a specific person face to face. This means you can move forward with the lawsuit even though the person hasn't been handed papers in person.

For someone involved in a case like this, it means the legal process can continue even if the other party is avoiding service or is hard to find. The court has a backup method so cases don't get stuck just because someone can't be located for standard, in-person delivery of papers.