Rule 3. Manner of service
Effective January 1, 2011
(A) General Provision.
For the purpose of service the notice of claim shall also be considered to be the summons. A copy of the notice of claim shall be served upon each defendant. Service may be made by sending a copy by certified mail with return receipt requested, or by delivering a copy to the defendant personally, or by leaving a copy at the defendant's dwelling house or usual place of abode, or in any other manner provided in Trial Rules 4.1 through 4.16. Whenever service is made by leaving a copy at defendant's dwelling house or usual place of abode, the person making the service also shall send by first class mail a copy of the notice of claim to the last known address of the person being served.
(B) Designation of Constable in the Marion County Small Claims Court.
Pursuant to Trial Rule 4.12, the Marion County Small Claims Court judge may appoint the elected township constable and deputies as the persons specifically designated by the court to effect service in person. An order with the names of the respective constable and deputies shall be entered in the Record of Judgments and Orders of the particular division of the Small Claims Court.
(C) Designation of Manner of Service in the Marion County Small Claims Court.
A person seeking service of a notice of claim filed in the Marion County Small Claims Court, or his or her attorney, may designate upon the notice of claim the manner of service as either in person by the constable or by certified mail or other public means by which a written acknowledgment of receipt may be requested and obtained, as provided in Trial Rule 4.1. The judge of a Marion County Small Claims Court may designate by order an employee as bailiff for the purpose of effecting service of process by certified mail and collecting appropriate fees. If the manner of service is not designated by the person seeking service, the clerk of the court shall note such absence on the notice of claim and shall promptly deliver the notice of claim to the employee appointed by the court as bailiff or to the constable for service by certified mail. The cost for service is set by legislation, and there shall be no additional charge for first class mail delivery required pursuant to T.R. 4.1(B).
(D) Return of Service.
The person making service shall comply promptly with the provisions of Trial Rule 4.15. In addition, he or she shall state on the return of service if service was made by delivering a copy to a person, naming such person, or by leaving a copy at the defendant's dwelling or abode, describing the dwelling or abode and noting any unique features, and shall verify that a copy of the notice of claim was sent by first class mail and indicate the address to which the notice was sent. The clerk of court shall note the return of service on the Chronological Case Summary applicable to the case.