IC 34-33-3
Chapter 3. Service of Process on Nonresident Motor Vehicle
Operators
IC 34-33-3-1 Operation of vehicle as appointment of secretary of state as
attorney for service of process
Sec. 1. (a) This chapter applies to:
(1) a nonresident;
(2) a resident of Indiana who becomes a nonresident; or
(3) the authorized agent of a person described in subdivision (1)
or (2);
who operates a motor vehicle upon a public street or highway or any
other place in Indiana.
(b) The operation of a motor vehicle by a person described in
subsection (a) is considered to be an appointment by the person of
the secretary of state to be the person's attorney upon whom process
may be served in any action or proceeding against the person arising
from an accident or collision in which the person may be involved
while operating or permitting to be operated a motor vehicle on a
street or highway or any other place in Indiana.
(c) The operation is an agreement that process against the person
has the same legal force and validity as if served upon the person
personally.
(d) The appointment of the secretary of state is irrevocable and
binding upon the executor or administrator of the person. As added by P.L.1-1998, SEC.29.
IC 34-33-3-2 Venue
Sec. 2. An action may be filed in the county:
(1) where the plaintiff resides; or
(2) where the accident or collision occurred;
at the election of the plaintiff. Service of process shall be made by
leaving a copy of the action and a fee of five dollars ($5) with the
secretary of state for the defendant to be served. The service is
sufficient service upon the person if notice of service and a copy of
the process are immediately sent by registered mail to the defendant
and the defendant's return receipt is appended to the original process
and filed in the court. As added by P.L.1-1998, SEC.29.
IC 34-33-3-3 Refusal of defendant to claim registered mail; affidavit; fee
Sec. 3. If a defendant refuses to accept or claim registered mail,
the secretary of state shall return the registered mail to the plaintiff
or to the plaintiff's attorney. The mail shall be appended to the
original process, together with an affidavit of the plaintiff or of the
attorney or agent that the summons was delivered to the secretary of
state, together with a fee of five dollars ($5), and was returned
unclaimed by the United States Postal Service. The affidavit,
together with the returned envelope including the summons, is
considered sufficient service upon the defendant. As added by P.L.1-1998, SEC.29.
IC 34-33-3-4 Death of nonresident before commencement of action
Sec. 4. If a nonresident dies before the commencement of an
action brought under this chapter (or IC 34-2-2.5 before its repeal),
service of process shall be made on the executor or administrator of
the nonresident in the same manner and with the same notice as is
provided for the nonresident. As added by P.L.1-1998, SEC.29.
IC 34-33-3-5 Death of nonresident after commencement of action
Sec. 5. If a nonresident dies after an action has been commenced
under this chapter (or IC 34-2-2.5 before its repeal) by service of
process upon the nonresident, the court shall allow the action to be
continued against the executor or administrator upon motion with
notice that the court considers proper. As added by P.L.1-1998, SEC.29.
IC 34-33-3-6 Continuances
Sec. 6. The court in which an action is brought may order
continuances that are reasonable to afford the defendant opportunity
to defend the action. As added by P.L.1-1998, SEC.29.
IC 34-33-3
Chapter 3. Service of Process on Nonresident Motor Vehicle
Operators
IC 34-33-3-1 Operation of vehicle as appointment of secretary of state as
attorney for service of process
Sec. 1. (a) This chapter applies to:
(1) a nonresident;
(2) a resident of Indiana who becomes a nonresident; or
(3) the authorized agent of a person described in subdivision (1)
or (2);
who operates a motor vehicle upon a public street or highway or any
other place in Indiana.
(b) The operation of a motor vehicle by a person described in
subsection (a) is considered to be an appointment by the person of
the secretary of state to be the person's attorney upon whom process
may be served in any action or proceeding against the person arising
from an accident or collision in which the person may be involved
while operating or permitting to be operated a motor vehicle on a
street or highway or any other place in Indiana.
(c) The operation is an agreement that process against the person
has the same legal force and validity as if served upon the person
personally.
(d) The appointment of the secretary of state is irrevocable and
binding upon the executor or administrator of the person. As added by P.L.1-1998, SEC.29.
IC 34-33-3-2 Venue
Sec. 2. An action may be filed in the county:
(1) where the plaintiff resides; or
(2) where the accident or collision occurred;
at the election of the plaintiff. Service of process shall be made by
leaving a copy of the action and a fee of five dollars ($5) with the
secretary of state for the defendant to be served. The service is
sufficient service upon the person if notice of service and a copy of
the process are immediately sent by registered mail to the defendant
and the defendant's return receipt is appended to the original process
and filed in the court. As added by P.L.1-1998, SEC.29.
IC 34-33-3-3 Refusal of defendant to claim registered mail; affidavit; fee
Sec. 3. If a defendant refuses to accept or claim registered mail,
the secretary of state shall return the registered mail to the plaintiff
or to the plaintiff's attorney. The mail shall be appended to the
original process, together with an affidavit of the plaintiff or of the
attorney or agent that the summons was delivered to the secretary of
state, together with a fee of five dollars ($5), and was returned
unclaimed by the United States Postal Service. The affidavit,
together with the returned envelope including the summons, is
considered sufficient service upon the defendant. As added by P.L.1-1998, SEC.29.
IC 34-33-3-4 Death of nonresident before commencement of action
Sec. 4. If a nonresident dies before the commencement of an
action brought under this chapter (or IC 34-2-2.5 before its repeal),
service of process shall be made on the executor or administrator of
the nonresident in the same manner and with the same notice as is
provided for the nonresident. As added by P.L.1-1998, SEC.29.
IC 34-33-3-5 Death of nonresident after commencement of action
Sec. 5. If a nonresident dies after an action has been commenced
under this chapter (or IC 34-2-2.5 before its repeal) by service of
process upon the nonresident, the court shall allow the action to be
continued against the executor or administrator upon motion with
notice that the court considers proper. As added by P.L.1-1998, SEC.29.
IC 34-33-3-6 Continuances
Sec. 6. The court in which an action is brought may order
continuances that are reasonable to afford the defendant opportunity
to defend the action. As added by P.L.1-1998, SEC.29.
IC 34-33-3
Chapter 3. Service of Process on Nonresident Motor Vehicle
Operators
IC 34-33-3-1 Operation of vehicle as appointment of secretary of state as
attorney for service of process
Sec. 1. (a) This chapter applies to:
(1) a nonresident;
(2) a resident of Indiana who becomes a nonresident; or
(3) the authorized agent of a person described in subdivision (1)
or (2);
who operates a motor vehicle upon a public street or highway or any
other place in Indiana.
(b) The operation of a motor vehicle by a person described in
subsection (a) is considered to be an appointment by the person of
the secretary of state to be the person's attorney upon whom process
may be served in any action or proceeding against the person arising
from an accident or collision in which the person may be involved
while operating or permitting to be operated a motor vehicle on a
street or highway or any other place in Indiana.
(c) The operation is an agreement that process against the person
has the same legal force and validity as if served upon the person
personally.
(d) The appointment of the secretary of state is irrevocable and
binding upon the executor or administrator of the person. As added by P.L.1-1998, SEC.29.
IC 34-33-3-2 Venue
Sec. 2. An action may be filed in the county:
(1) where the plaintiff resides; or
(2) where the accident or collision occurred;
at the election of the plaintiff. Service of process shall be made by
leaving a copy of the action and a fee of five dollars ($5) with the
secretary of state for the defendant to be served. The service is
sufficient service upon the person if notice of service and a copy of
the process are immediately sent by registered mail to the defendant
and the defendant's return receipt is appended to the original process
and filed in the court. As added by P.L.1-1998, SEC.29.
IC 34-33-3-3 Refusal of defendant to claim registered mail; affidavit; fee
Sec. 3. If a defendant refuses to accept or claim registered mail,
the secretary of state shall return the registered mail to the plaintiff
or to the plaintiff's attorney. The mail shall be appended to the
original process, together with an affidavit of the plaintiff or of the
attorney or agent that the summons was delivered to the secretary of
state, together with a fee of five dollars ($5), and was returned
unclaimed by the United States Postal Service. The affidavit,
together with the returned envelope including the summons, is
considered sufficient service upon the defendant. As added by P.L.1-1998, SEC.29.
IC 34-33-3-4 Death of nonresident before commencement of action
Sec. 4. If a nonresident dies before the commencement of an
action brought under this chapter (or IC 34-2-2.5 before its repeal),
service of process shall be made on the executor or administrator of
the nonresident in the same manner and with the same notice as is
provided for the nonresident. As added by P.L.1-1998, SEC.29.
IC 34-33-3-5 Death of nonresident after commencement of action
Sec. 5. If a nonresident dies after an action has been commenced
under this chapter (or IC 34-2-2.5 before its repeal) by service of
process upon the nonresident, the court shall allow the action to be
continued against the executor or administrator upon motion with
notice that the court considers proper. As added by P.L.1-1998, SEC.29.
IC 34-33-3-6 Continuances
Sec. 6. The court in which an action is brought may order
continuances that are reasonable to afford the defendant opportunity
to defend the action. As added by P.L.1-1998, SEC.29.
