Simultaneous Filing of Position Papers Simultaneous Filing of
Simultaneous Filing of Position Papers Simultaneous Filing of
Rule 4. Process
(A) Jurisdiction Over Parties or Persons--In General. The court acquires jurisdiction over a
party or person who under these rules commences or joins in the action, is served with
summons or enters an appearance, or who is subjected to the power of the court under any
other law.
(B) Preparation of summons and praecipe. Contemporaneously with the filing of the
complaint or equivalent pleading, the person seeking service or his attorney shall furnish to the
clerk as many copies of the complaint and summons as are necessary. The clerk shall examine,
date, sign, and affix his seal to the summons and thereupon issue and deliver the papers to the
appropriate person for service. Affidavits, requests, and any other information relating to the
summons and its service as required or permitted by these rules shall be included in a praecipe
attached to or entered upon the summons. Such praecipe shall be deemed to be a part of the
summons for purposes of these rules. Separate or additional summons shall, as provided by
these rules, be issued by the clerk at any time upon proper request of the person seeking service
or his attorney.
(C) Form of summons. The summons shall contain:
(1) The name and address of the person on whom the service is to be effected;
(2) The name, street address, and telephone number of the court and the cause number
assigned to the case;
(3) The title of the case as shown by the complaint, but, if there are multiple parties, the title
may be shortened to include only the first named plaintiff and defendant with an
appropriate indication that there are additional parties;
(4) The name, address, and telephone number of the attorney for the person seeking service;
(5) The time within which these rules require the person being served to respond, and a clear
statement that in case of his failure to do so, judgment by default may be rendered against
him for the relief demanded in the complaint.
The summons may also contain any additional information which will facilitate proper service.
(D) Designation of Manner of Service. The person seeking service or his attorney may
designate the manner of service upon the summons. If not so designated, the clerk shall cause
service to be made by mail or other public means provided the mailing address of the person to
be served is indicated in the summons or can be determined. If a mailing address is not
furnished or cannot be determined or if service by mail or other public means is returned
without acceptance, the complaint and summons shall promptly be delivered to the sheriff or
his deputy who, unless otherwise directed, shall serve the summons.
(E) Summons and Complaint Served Together--Exceptions. The summons and complaint
shall be served together unless otherwise ordered by the court. When service of summons is
made by publication, the complaint shall not be published. When jurisdiction over a party is
dependent upon service of process by publication or by his appearance, summons and
complaint shall be deemed to have been served at the end of the day of last required publication
in the case of service by publication, and at the time of appearance in jurisdiction acquired by
appearance. Whenever the summons and complaint are not served or published together, the
summons shall contain the full, unabbreviated title of the case.
(F) Limits of Effective Service. Process may be served anywhere within the state and outside
the state as provided in these rules.