Ind. Trial Rule 4.15

Amendments—Defects

Effective January 1, 1970

(A) Return—Form.

The person making service shall promptly make his return upon or attach it to a copy of the

summons which shall be delivered to the clerk. The return shall be signed by the person making it, and shall include a statement:

(1) that service was made upon the person as required by law and the time, place, and

manner thereof;

(2) if service was not made, the particular manner in which it was thwarted in terms of fact

or in terms of law;

(3) such other information as is expressly required by these rules.

(B) Return and affidavits as evidence.

The return, along with the summons to which it is attached or is a part, the praecipe for summons, affidavits furnished with the summons or praecipe for summons, and all other affidavits permitted by these rules shall be filed by the clerk with the pleadings and other papers

in the case and thereupon shall become a part of the record, and have such evidentiary effect

as is now provided by law. Copies of such record shall be admissible in all actions and proceedings and may be entered in any public records when certified over the signature of the

clerk or his deputy and the clerk’s seal.

(C) Proof of filing and issuance dates.

The clerk shall enter a filing date upon every praecipe, pleading, return, summons, affidavit or

other paper filed with or entered of record by him. The clerk shall also enter an issuance date

upon any summons issued, mailed or delivered by him, or other communication served or

transmitted by him under these rules. Such filing or issuance date shall constitute evidence of

the date of filing or issuance without further authentication when entered in the court

records, or when the paper or a copy thereof is otherwise properly offered or admitted into

evidence.

(D) Admission of service.

A written admission stating the date and place of service, signed by the person being served,

may be filed with the clerk who shall file it with the pleadings. Such admission shall become a

part of the record, constitute evidence of proper service, and shall be allowed as evidence in

any action or proceeding.

(E) Amendment.

At any time in its discretion and upon such terms as it deems just, the court may allow any

process or proof of service thereof to be amended unless it clearly appears that material pre-

judice would result to the substantial rights of the person against whom the process is

issued.

(F) Defects in summons.

No summons or the service thereof shall be set aside or be adjudged insufficient when either

is reasonably calculated to inform the person to be served that an action has been instituted

against him, the name of the court, and the time within which he is required to respond.