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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.
A suit may be dismissed under provisions of Order IX, Rules 2, 3, 4 and 6 for failure to take some steps necessary for further proceeding with the suit. A suit may also be dismissed under Order IX, Rule 8 for default of appearance by a plaintiff. A suit may also be dismissed after it is heard on merits.
A subpoena may be served by the sheriff or his deputy, a party or any person. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person. Service may be made in the same manner as provided in Rule 4.1, Rule 4.16 and Rule 5(B).
Under T.R. 53.2, if a judge takes a cause tried to the court under advisement and fails to determine any issue of law or fact within ninety (90) days of the submission of all pending matters, the case may be withdrawn from the judge. Ind.
Service by certified mail is complete on the day the certified mail receipt is signed. When the party that has to be served lives out of state, papers can usually be served by sending a copy of the paperwork to be served to that party by first-class mail, postage prepaid, and return receipt requested.
(E) Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been take in a civil case for a period of sixty (60) days, the court, on motion of a party or its own motion shall order a hearing for the purpose of dismissing such case.
(A) In general. Whenever service is made by delivering a copy to a person personally or by leaving a copy at his dwelling house or place of employment as provided by Rule 4.1, summons shall be issued to and served by the sheriff, his deputy, or some person specially or regularly appointed by the court for that purpose.
Trial Rule 41(E) states that where there is inaction in a case for 60 days or more, either the court or a party to the case may request that it be dismissed with prejudice, meaning that the side that has been inactive would have to pay court fees and attorney's fees for the other side.
Service upon the attorney or party shall be made by delivering or mailing a copy of the papers to him at his last known address. Delivery. Delivery of a copy within this rule means:Service by Mail.
Normally, for routine service, the typical time to serve papers is 5-7 days. This is usually the first attempt to serve papers. If they fail to serve the defendant, subsequent attempts can be repeated a set number of times over a specified timeframe following the first attempt.