Rule 86. General electronic filing and electronic service
Effective July 15, 2021
(A) Definitions.
For purpose of Trial Rules 86, 87, 88:
(1) Case Management System (“CMS”).
Case Management System is the system of networked software and hardware used by any Indiana court that may receive, organize, store, retrieve, transmit, and display all relevant documents in any case before it.
(2) Conventional Filing.
Conventional Filing is the physical non-electronic presentation of documents to the clerk or court.
(3) Electronic Filing (“E-Filing”).
E-Filing is a method of filing documents with the clerk of any Indiana court by electronic transmission utilizing the Indiana E-Filing System.
E-Filing does not include transmission by facsimile or by email.
(4) E-Filing Service Provider (“EFSP”).
E-Filing Service Provider is the organization and software selected by a User and approved by the Supreme Court to receive and transmit all E-Filing submissions between the User and the Indiana E-Filing System.
(5) Electronic Notice (“E-Notice”).
E-Notice is the method by which courts send orders, opinions, and notices.
(6) Electronic Service (“E-Service”).
E-Service is a method of serving documents by electronic transmission on any User in a case via the Indiana E-Filing System.
(7) Indiana E-Filing System (“IEFS”).
Indiana E-Filing System is the system of networked hardware, software, and service providers approved by the Supreme Court for the filing and service of documents via the Internet, into the Case Management System(s) used by Indiana courts.
(8) Notice of Electronic Filing (“NEF”).
Notice of Electronic Filing is the notice generated automatically when a document is submitted and transmitted through the IEFS, which sets forth the time of transmission, the name of the court, User, party or attorney transmitting the document, the title of the document, the type of document, and the name of the court, attorney, party, or other person meant to receive the Notice. The NEF will appear immediately on the User’s screen upon submission of the document for E-filing and will reflect the time at the location of the court where the case is pending.
(9) Public Access Terminal.
A Public Access Terminal is a publicly accessible computer provided by clerk or court that allows a member of the public to access the Indiana E-Filing System and public court records.
(10) Service Contacts.
A Service Contact is a person for whom an email address and other identifying information has been entered into the IEFS.
(a) Firm Service Contact.
A Firm Service Contact is a Service Contact associated in the IEFS with an attorney, organization, or law firm.
(b) Public Service Contact.
A Public Service Contact is a Service Contact who is listed on the Public Service List for purposes of E-Service.
(c) Public Service List.
The Public Service List is a directory of attorneys who are e-filers.
(11) User Agreement.
A User Agreement is an agreement in a form approved by the Indiana Office of Judicial Administration (IOJA) that establishes obligations and responsibilities of the User within the IEFS.
(12) User.
A User is a person or entity with a user ID and password assigned by the IEFS or its designee who is authorized to use the IEFS for the electronic filing or service of documents. A User must execute a User Agreement with one or more EFSP before that User may utilize the IEFS.
(B) Service of Pleadings, Documents, and Other Papers.
(1) Except as otherwise provided in this Rule, all process shall be served in accordance with Trial Rules 4 and 4.1 through 4.17.
(2) Issuance of Summons and Service of Initial Complaint or Equivalent Pleading.
(a) Except as provided below in (E), at the time the initial complaint or equivalent pleading is filed, the User shall also file completed summons(es) designating the manner of service. The Clerk is responsible for dating, signing, sealing, and transmitting the summons(es) to the User for service.
(b) For cases initiated by the Office of the Prosecuting Attorney, the clerk is responsible for service of process. In all other cases, the User is responsible for service of process.
(c) All returns regarding service may be sent to the clerk or to the User. If the return is sent to the User, the User shall file the return with the clerk in compliance with Trial Rule 4 and 4.1 through 4.17. A party served personally by the User shall execute an acknowledgement of service and such acknowledgement shall serve as proof of service in lieu of an affidavit of service pursuant to Trial Rule 4.15(D).
(d) For service by publication the User, in addition to filing the complaint or equivalent pleading and summons(es) designating service by publication, shall also transmit an affidavit for service by publication to the clerk as provided in Trial Rule 4.13. The clerk shall transmit to the User dated, signed and sealed summons(es) by publication. The User shall deliver the summons(es) to the publication authorized by Trial Rule 4.13(C), with instructions that after the completion of the period of publication the return shall be sent to the clerk or to the User. If the return is sent to the User, the User shall file the return with the clerk.
(e) When fees and other court costs are waived, and the clerk has received the required notification that the User is entitled to this waiver, the clerk shall serve the complaint and summons(es). Additionally, for service of separate or additional summons (alias summons) by the clerk, the User shall provide documentation establishing that the User is entitled to waiver of the fee for service.
(3) Service of Subsequent Documents and Other Papers
(a) Service on Users. Users must serve all documents in a case upon every other party who is a User through E-Service using the IEFS. E-Service has the same legal effect as service of an original paper document. E-Service of a document through the IEFS is deemed complete upon transmission to the email address for the User shown on the appearance filed in the case or the Public Service List, as confirmed by the NEF associated with the document. Exempt parties must serve all documents in a case as provided by Trial Rules 4 or 5.
(b) Service on Others. Trial Rules 4 and 5 shall govern service of documents on attorneys of record and on unrepresented parties who are not Users.
(C) Official Court Record.
The electronic version of a document filed with or generated by the court under this rule is an official court record.
(D) [RESERVED]
(E) Protection Order Cases, Workplace Violence Restraining Order Cases, and Child Protection Orders: Issuance of Summons and Service of Petition and Ex Parte Order or Equivalent Proceeding.
(1) The Protection Order Registry E-Filing Service Provider (POR EFSP) is the only provider for e-filing of all initial complaints or equivalent subsequent pleadings and all subsequent filings for civil protection orders and workplace violence restraining orders (PO case types) and for requests for child protection orders (JQ case types).
(2) Where service of process is required by Trial Rule 4.1 through 4.16, for any document filed in or issued by the Court in a civil protection order or workplace violence restraining order case (PO case types) and in a child protection order case (JQ case type), that service must be accomplished by the Clerk, a Sheriff, court official, or other person appointed by a Court to complete service of process.