Hendricks County Bank & Trust Co. v. Guthrie Building Materials, Inc.

I agree with the majority's conclusion that at the present time service by FAX does not comport with the requirement for "service" of an adverse claim under I.C. 28-9-8-8. I also agree that until the statute is amended to so provide, or until our Supreme Court, by rule, allows for FAX service of notice, service must be accomplished under existing Trial Rule 5. I do not, however, agree that the erucial factor in determining the adequacy of service is whether a proof of service has been or can be made.

The forerunner of Trial Rule 5 was Rule 1-16. Under that Rule, pleadings were required to be…