IN · rules
Ind. Trial Rule 4.2
Summons: Service upon infant or
incompetents
Effective January 1, 1970
(A) Service Upon Infants.
Service upon an individual known to be an infant shall be made upon his next friend or guardian ad litem, if service is with respect to the same action in which the infant is so represented.
If there is no next friend or guardian ad litem, service shall be made upon his court-appointed representative if one is known and can be served within this state. If there is no court-appointed representative, service shall be made upon either parent known to have custody
of the infant, or if there is no parent, upon a person known to be standing in the position of
custodian or parent. The infant shall also be served if he is fourteen [14] years of age or
older. In the event that service, as provided above, is not possible, service shall be made on
the infant.
(B) Service Upon Incompetents.
Service upon an individual who has been adjudged to be of unsound mind, otherwise incompetent or who is believed to be such shall be made upon his next friend or guardian ad litem,
if service is with respect to the same action in which the incompetent is so represented. If
there is no next friend or guardian ad litem, service shall be made upon his court-appointed
representative if one is known and can be served within this state. If there is no court-appointed representative, then upon the named party and also upon a person known to be standing
in the position of custodian of his person.
(C) Duty to Inform Court--Appearance.
Nothing herein is intended to affect the duty of a party to inform the court that a person is an
infant or incompetent. An appearance by a court-appointed guardian, next friend or guardian
ad litem or his attorney shall correct any defect in service under this section unless such
defect be challenged.
Provenance
- Source
- rules.incourts.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-01-2026-08-01
- Content hash
46559af0670175ba525e37104d71f2cc8e78da09d3a7bde60750aee9ad55ed89
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