reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 2. Recorded Patents Conveying Real Estate › 34-41-2-1. Recorded Patents

Sec. 1. All:
(1) patents issued by the United States or by the state of Indiana conveying real estate in Indiana; and
(2) the records of those patents that have been duly recorded;
shall be taken and received as competent evidence in all courts in Indiana.
[Pre-1998 Recodification Citation: 34-3-8-1 part.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 2. Recorded Patents Conveying Real Estate › 34-41-2-2. Patents Not Previously Recorded

Sec. 2. All patents described in section 1 of this chapter that have not been recorded may be recorded as other deeds and conveyances are recorded by law. That record shall be competent evidence in all Indiana courts.
[Pre-1998 Recodification Citation: 34-3-8-1 part.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 3. General Index as Evidence of Deeds and Mortgages Lost or Destroyed › 34-41-3-1. Application of Chapter

Sec. 1. This chapter applies when a deed or mortgage is recorded in the proper recorder's office of any county in Indiana and the record of the deed or mortgage is burned, lost, or destroyed.
[Pre-1998 Recodification Citation: 34-3-10-1 part.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 3. General Index as Evidence of Deeds and Mortgages Lost or Destroyed › 34-41-3-2. Indexes as Prima Facie Evidence

Sec. 2. The general index of the record of an instrument described in section 1 of this chapter made:
(1) under law;
(2) in the handwriting of the county recorder; and
(3) at the date the general index was made in any county of the state;
is prima facie evidence of the proper execution and record of the deed or mortgage, as shown by the general index. However, this chapter shall not affect any litigation pending on March 6, 1883, in any of the courts of this state.
[Pre-1998 Recodification Citation: 34-3-10-1 part.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 4. Presumption of Validity of Record After Destruction of Deed › 34-41-4-1. Application of Chapter

Sec. 1. This chapter applies when the record or any part of the record of any action, proceeding, order, judgment, or decree of any court in Indiana:
(1) in which title to real estate has been determined; or
(2) upon the authority of which any administrator's, executor's, guardian's, commissioner's, trustee's, receiver's or other deed of conveyance has been executed;
has been destroyed.
[Pre-1998 Recodification Citation: 34-3-9-1 part.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 4. Presumption of Validity of Record After Destruction of Deed › 34-41-4-2. Presumption of Validity

Sec. 2. When a record or part of a record described in section 1 of this chapter is destroyed, it shall be presumed that:
(1) the court proceedings by which the title to the real estate was established or the deed was executed and the record of which has been destroyed were in all things regular and legal; and
(2) the court making the record and rendering the judgment or decree had jurisdiction of:
(A) the subject matter; and
(B) all the persons whose title the judgment, decree, or deed of conveyance assumes to determine or convey.
[Pre-1998 Recodification Citation: 34-3-9-1 part.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 4. Presumption of Validity of Record After Destruction of Deed › 34-41-4-3. Burden of Proof

Sec. 3. In an action attacking the validity of:
(1) the title of or conveyance of real estate; or
(2) any such record, judgment, or decree;
the record of which has been destroyed, the burden of proof is upon the person attacking the validity.
[Pre-1998 Recodification Citation: 34-3-9-1 part.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 4. Presumption of Validity of Record After Destruction of Deed › 34-41-4-4. Limitation of Actions Attacking Validity

Sec. 4. An action attacking the validity of:
(1) an order, decree, or judgment described in section 1 of this chapter; or
(2) the title established by or resulting from an order, decree, or judgment described in section 1 of this chapter;
must be brought not later than one (1) year after the date of the destruction of the record.
[Pre-1998 Recodification Citation: 34-3-9-2.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 5. Records as Evidence of Conveyances After Destruction of Original by Fire › 34-41-5-1. Deed or Record Thereof as Prima Facie Evidence of Facts Recited Therein

Sec. 1. (a) This section applies to a deed that has been executed:
(1) by an administrator, executor, guardian, sheriff, or commissioner of court; and
(2) by virtue of any:
(A) order, judgment, or decree of court;
(B) will; or
(C) sale made upon any execution issued on any judgment.
(b) If the record of an order, decree of court, will, execution, or judgment described in subsection (a) is destroyed by fire in the burning of a courthouse in Indiana, the deed or the record of the deed is prima facie evidence of:
(1) all the facts recited in the deed; and
(2) the regularity and sufficiency of all the proceedings, records, and papers in virtue of which the deed was executed.
[Pre-1998 Recodification Citation: 34-3-11-1.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 5. Records as Evidence of Conveyances After Destruction of Original by Fire › 34-41-5-2. Certified Transcript of Partition Judgment; Evidentiary Value

Sec. 2. Whenever:
(1) any partition of real estate in any Indiana county has been made by judgment of any court in Indiana; and
(2) the records of the court in which the proceedings for partition were held have been destroyed by fire;
a certified transcript of the judgment of partition and any record of the judgment in the recorder's office of the county in which the real estate is situated is admissible in evidence, without the residue of the record of the proceedings. The certified transcript and any record of the judgment are prima facie evidence of the sufficiency and regularity of all the proceedings, records, and papers in the case in which the judgment was rendered.
[Pre-1998 Recodification Citation: 34-3-11-2.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 6. Misrecorded Instruments › 34-41-6-1. Application of Chapter

Sec. 1. This chapter applies when the records kept in the recorder's offices of the various counties:
(1) contain records of instruments purporting to be deeds, mortgages, trust deeds, assignments, releases, or other instruments entitled to record by Indiana recording statutes; and
(2) the records of instruments described in subdivision (1) have been recorded in records other than those designated by statute for the recording of instruments.
[Pre-1998 Recodification Citation: 34-3-7-1 part.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 6. Misrecorded Instruments › 34-41-6-2. Admissibility

Sec. 2. The records of instruments and certified copies of records of instruments described in section 1 of this chapter are admissible in evidence after the instruments have been recorded for twenty (20) years.
[Pre-1998 Recodification Citation: 34-3-7-1 part.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 7. Wabash and Erie Canal Certificates and Deeds › 34-41-7-1. Admissibility of Certificate or Copies

Sec. 1. (a) The following documents are admissible in evidence in all courts in Indiana in all cases in which, by law, duly made and completed deeds and records are legal evidence:
(1) Certificates issued before March 7, 1903, by the general land office and the United States Department of the Interior setting forth the list of lands in Indiana without the strip of five (5) miles on each side of the Wabash and Erie Canal, from Terre Haute to Evansville, in the Vincennes land district, selected by the state of Indiana, under the Act of Congress of March 3, 1845, 5 Stat. 731, to aid the state of Indiana in extending and completing the canal, on file on March 7, 1903, in the office of the auditor of state.
(2) All copies of the certificates described in subdivision (1), duly certified to by the auditor of state, (or by the commissioner of the department of administration after June 30, 1987).
(3) All records of certified copies recorded in the recorder's office of any county in which the lands described in the documents are situated.
(4) All certified copies made by the county recorder of the record in the recorder's office.
(b) The documents described in subsection (a) are conclusive evidence of all matters recited in those documents.
[Pre-1998 Recodification Citation: 34-3-12-1.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 7. Wabash and Erie Canal Certificates and Deeds › 34-41-7-2. Admissibility of Deeds or Copies

Sec. 2. (a) The following documents are admissible in evidence in all courts in Indiana in all cases in which, by law, duly made and completed deeds and records are legal evidence:
(1) The copies of all deeds on file on March 7, 1903, in the office of the auditor of state made by the board of trustees of the Wabash and Erie Canal, in records kept by such boards of trustees and afterward filed in the land office division of the department of administration.
(2) All copies of deeds duly certified to by the auditor of state (or by the commissioner of the department of administration after June 30, 1987).
(3) All records of certified copies recorded in the recorder's office in any county in which any of the lands described in the documents are situated.
(4) All duly certified copies of any record described in subdivision (3) in the recorder's office.
(b) The documents described in subsection (a) are conclusive evidence of all matters recited in those documents.
[Pre-1998 Recodification Citation: 34-3-12-2.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 41. Evidence: Real Estate Records › Chapter 7. Wabash and Erie Canal Certificates and Deeds › 34-41-7-3. Recording of Certified Copies

Sec. 3. All copies duly certified by the auditor of state or the commissioner of the department of administration of:
(1) the certificate and list referred to in section 1 of this chapter; and
(2) the copies of deeds referred to in section 2 of this chapter;
shall, upon presentation, be recorded in the recorder's office of any county in which the lands are situated. A record made as described in this section has the same force and effect as other records duly authorized and made in a recorder's office.
[Pre-1998 Recodification Citation: 34-3-12-3.]
As added by P.L.1-1998, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 42. Evidence: Business Records › Chapter 1. Business Records › 34-42-1-1. Disposition of Original Record Authorized

Sec. 1. A business may cause any record kept by the business to be recorded, copied, or reproduced by any photographic, photostatic, miniature photographic, or optical imaging process that correctly, accurately, and permanently copies, reproduces, or forms a medium for copying or reproducing the original record on a film or other durable material. The business may subsequently dispose of the original record.
[Pre-1998 Recodification Citation: 34-3-15-1.]
As added by P.L.1-1998, SEC.38.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 42. Evidence: Business Records › Chapter 1. Business Records › 34-42-1-2. Copies Treated as Original for Evidentiary Purposes

Sec. 2. (a) A photographic, photostatic, miniature photographic, or optical image copy or reproduction is considered an original record for all purposes and shall be treated as an original record in all courts or administrative agencies for the purpose of its admissibility in evidence.
(b) A facsimile, exemplification, or certified copy of a photographic or optical image copy or reproduction shall, for all purposes, be considered a facsimile, an exemplification, or a certified copy of the original record.
[Pre-1998 Recodification Citation: 34-3-15-2.]
As added by P.L.1-1998, SEC.38.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 42. Evidence: Business Records › Chapter 1. Business Records › 34-42-1-3. Corporate Acts and Proceedings; Evidence

Sec. 3. The acts and proceedings of corporations may be proved by a sworn copy of the record of such acts and proceedings. The oath must state that the transcript is a true and full copy of the original, and that the original has remained unaltered from its date, to the best of deponent's knowledge and belief. The sworn copies shall be received as evidence in all cases where the original would be evidence.
[Pre-1998 Recodification Citation: 34-1-18-3.]
As added by P.L.1-1998, SEC.38.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-1. Photographic Process; Treatment as Original for Purposes of Admissibility

Sec. 1. (a) The recording of hospital medical records by an electronic image system or reproduction process shall, for the purposes of this chapter, be considered a photographic process.
(b) The making or recording of hospital medical records by electronic data processing systems is an original written record. Printouts or other types of retrieved information in written or printed form shall be treated as original records in all courts or administrative agencies for the purpose of its admissibility into evidence.
[Pre-1998 Recodification Citation: 34-3-15.5-2.]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-2. Authentication of Entries; Procedure

Sec. 2. Entries made in a hospital medical record may be authenticated by showing that:
(1) the electronic data processing equipment is standard equipment in the hospital;
(2) the entries were made in the regular course of business at or reasonably near to the happening of the event or order, opinion, or other information recorded;
(3) the security of the entries from unauthorized access can be demonstrated through the use of audit trails; and
(4) records of all original entries and subsequent access to the information are maintained.
[Pre-1998 Recodification Citation: 34-3-15.5-3.]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-3. Availability of Records to Authorized Persons

Sec. 3. Hospitals using systems described in this chapter to keep their hospital medical records must do so in such a manner that permits the information to be made readily available, in written or printed form, to authorized persons only.
[Pre-1998 Recodification Citation: 34-3-15.5-4 part.]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-4. Photostatic Copies; Admissibility

Sec. 4. Notwithstanding the hearsay rule, but subject to all other objections, photostatic copies of hospital medical records certified under section 7 of this chapter are admissible into evidence in any civil action or administrative proceeding without testimony from the custodian of the hospital medical records.
[Pre-1998 Recodification Citation: 34-3-15.5-5.]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-5. Response to Subpoena or Court Order

Sec. 5. When a:
(1) subpoena coupled with a request under Rule 34 of the Indiana Rules of Trial Procedure;
(2) subpoena coupled with a patient's written authorization under IC 34-6-2-15(2) (or IC 34-3-15.5-4 before its repeal); or
(3) court order;
requiring the production of a hospital medical record is served upon any hospital employee, the hospital employee with custody of the original hospital medical record may elect, instead of personally appearing and producing the original hospital medical record, to furnish the requesting party or the party's attorney with a photostatic copy of the hospital medical record, certified in accordance with section 7 of this chapter.
[Pre-1998 Recodification Citation: 34-3-15.5-6(a).]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-6. Delivery of Copies Pursuant to Subpoena

Sec. 6. If the hospital has elected to proceed under section 5 of this chapter, the hospital employee with custody of the original hospital medical records shall, upon receipt of payment for the reproduction of the hospital medical records, promptly deliver, by certified mail or personal delivery, copies of the hospital medical records specified in the subpoena to the person specified in the subpoena.
[Pre-1998 Recodification Citation: 34-3-15.5-6(b).]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-7. Certification of Medical Records

Sec. 7. The hospital employee's certification of the hospital medical records under section 5 of this chapter must:
(1) be signed by the hospital employee with custody of the hospital medical records; and
(2) include:
(A) the full name of the patient;
(B) the patient's medical record number;
(C) the number of pages in the hospital medical record; and
(D) a statement in substantially the following form:
"The copies of records for which this certification is made are true and complete reproductions of the original or microfilmed hospital medical records that are housed in __________ (name of hospital). The original records were made in the regular course of business, and it was the regular course of ____________ (name of hospital) to make the records at or near the time of the matter recorded. This certification is given under IC 34-43-1-5 by the custodian of the records instead of the custodian's personal appearance.".
[Pre-1998 Recodification Citation: 34-3-15.5-6(c).]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-8. Handling of Copies

Sec. 8. The hospital shall:
(1) place the copies of the hospital medical records in an envelope or wrapper; and
(2) write or type on the envelope or wrapper:
(A) the words "Confidential Medical Records";
(B) the title and number of the action or proceeding; and
(C) the name and business telephone number of the hospital employee making the certification.
[Pre-1998 Recodification Citation: 34-3-15.5-6(d).]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-9. Procedure When Records Not in Possession of Hospital

Sec. 9. If the hospital does not have the hospital medical records or has only a part of the hospital medical records specified in the subpoena, the hospital employee with custody of the original hospital medical records shall:
(1) execute an affidavit, either notarized or by affirmation, stating that the hospital does not have or has only a part of the subpoenaed hospital medical records; and
(2) follow the procedures in sections 5 through 8 of this chapter in delivering the part of the hospital medical records that are in the hospital's possession.
[Pre-1998 Recodification Citation: 34-3-15.5-6(e).]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-10. Medical Records Confidential Under Certain Federal Statutes

Sec. 10. (a) This section applies to a medical record or part of a record that is confidential under 42 U.S.C. 290dd-3, 42 U.S.C. 290ee-3, or the regulations adopted under those statutes.
(b) The hospital employee with custody of the original medical records shall:
(1) execute a verified affidavit:
(A) identifying the record or part of the record that is confidential; and
(B) stating that the confidential record or part of the record will only be provided under the federal procedure for production of the record; and
(2) comply with sections 5 through 8 of this chapter in delivering the record or part of the record that is not confidential under subdivision (1).
[Pre-1998 Recodification Citation: 34-3-15.5-6(f).]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-11. Medical Records Regarding Treatment for Mental Illness

Sec. 11. (a) This section applies to a medical record or part of a record concerning treatment for mental illness.
(b) The hospital employee with custody of the original medical records shall:
(1) execute a verified affidavit:
(A) identifying the record or part of a record that contains the confidential information concerning the treatment of mental illness; and
(B) stating that the confidential record or part of the record will only be provided under a court order after in camera review; and
(2) comply with sections 5 through 8 of this chapter in delivering the record or part of the record that is not confidential under subdivision (1).
[Pre-1998 Recodification Citation: 34-3-15.5-6(g).]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-12. Confidential Records Regarding Communicable Diseases

Sec. 12. (a) This section applies to a medical record or part of a record that contains information that is confidential under IC 16-41-8-1.
(b) The hospital employee with custody of the original medical records shall:
(1) execute a verified affidavit:
(A) identifying the record or part of a record that contains the confidential information concerning a dangerous communicable disease; and
(B) stating that the confidential record or part of the record will only be provided under a court order after in camera review under IC 16-41-8-1; and
(2) comply with sections 5 through 8 of this chapter in delivering the record or part of the record that is not confidential under subdivision (1).
[Pre-1998 Recodification Citation: 34-3-15.5-6(h).]
As added by P.L.1-1998, SEC.39. Amended by P.L.1-1999, SEC.75.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-13. Fees

Sec. 13. The hospital may charge the fee permitted under IC 16-39-9 to cover the costs of reproducing the hospital medical records under section 5 of this chapter.
[Pre-1998 Recodification Citation: 34-3-15.5-6(i).]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-14. Personal Delivery of Copies; Receipt

Sec. 14. (a) Whenever the copies of the hospital medical records are personally delivered, the person receiving the hospital medical records shall give a receipt to the person delivering them.
(b) The receipt required by subsection (a) must contain:
(1) the name of the hospital that sent the hospital medical records;
(2) the patient's full name;
(3) the patient's medical record number;
(4) the date the copies of the hospital medical records were received; and
(5) the signature of the person who receives the hospital medical records.
[Pre-1998 Recodification Citation: 34-3-15.5-7(a).]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-15. Delivery of Copies by Certified Mail; Receipt

Sec. 15. Whenever the copies of the hospital medical records are sent by certified mail, the receipt used by the United States Postal Service is sufficient to prove delivery and receipt of the hospital medical records.
[Pre-1998 Recodification Citation: 34-3-15.5-7(b).]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-16. Disposal of Copies

Sec. 16. The party or party's attorney of record shall dispose of copies of hospital medical records obtained under this chapter in a manner that protects the confidentiality of the medical information in the copies.
[Pre-1998 Recodification Citation: 34-3-15.5-7(c).]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43. Evidence: Medical Records › Chapter 1. Hospital Medical Records › 34-43-1-17. Orders

Sec. 17. Upon motion by any party to an action or proceeding, or by the person from whom discovery is sought under this chapter, and for good cause shown, the court, hearing officer, or other body conducting the proceeding may make any order that justice requires.
[Pre-1998 Recodification Citation: 34-3-15.5-7(d).]
As added by P.L.1-1998, SEC.39.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43.5. Evidence: Specific Communications › Chapter 1. Communications of Sympathy › 34-43.5-1-2. Application

Sec. 2. This chapter applies to a cause of action in tort, including a medical malpractice action under IC 34-18-8.
As added by P.L.76-2006, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43.5. Evidence: Specific Communications › Chapter 1. Communications of Sympathy › 34-43.5-1-3. "Communication of Sympathy"

Sec. 3. As used in this section "communication of sympathy" means a statement, a gesture, an act, conduct, or a writing that expresses:
(1) sympathy;
(2) an apology; or
(3) a general sense of benevolence.
As added by P.L.76-2006, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43.5. Evidence: Specific Communications › Chapter 1. Communications of Sympathy › 34-43.5-1-4. Prohibited Admission of Communications of Sympathy

Sec. 4. Except as provided in section 5 of this chapter, a court may not admit into evidence a communication of sympathy that relates to causing or contributing to:
(1) a loss;
(2) an injury;
(3) pain;
(4) suffering;
(5) a death; or
(6) damage to property.
As added by P.L.76-2006, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 43.5. Evidence: Specific Communications › Chapter 1. Communications of Sympathy › 34-43.5-1-5. Admission of Statements of Fault, Including Communications of Sympathy

Sec. 5. A court may admit a statement of fault into evidence, including a statement of fault that is part of a communication of sympathy, if otherwise admissible under the Indiana Rules of Evidence.
As added by P.L.76-2006, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44. Evidence: Damages › Chapter 1. Collateral Source Evidence › 34-44-1-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 34-4-36 (before its repeal, now codified in this chapter) by P.L.196-1986 does not apply to civil actions accruing before January 1, 1987.
As added by P.L.220-2011, SEC.573.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44. Evidence: Damages › Chapter 1. Collateral Source Evidence › 34-44-1-1. Purpose of Chapter

Sec. 1. The purpose of this chapter is:
(1) to enable the trier of fact in a personal injury or wrongful death action to determine the actual amount of the prevailing party's pecuniary loss; and
(2) to provide that a prevailing party not recover more than once from all applicable sources for each item of loss sustained.
[Pre-1998 Recodification Citation: 34-4-36-1.]
As added by P.L.1-1998, SEC.40.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44. Evidence: Damages › Chapter 1. Collateral Source Evidence › 34-44-1-2. Personal Injury or Wrongful Death Actions; Admissibility of Evidence

Sec. 2. In a personal injury or wrongful death action, the court shall allow the admission into evidence of:
(1) proof of collateral source payments other than:
(A) payments of life insurance or other death benefits;
(B) insurance benefits that the plaintiff or members of the plaintiff's family have paid for directly; or
(C) payments made by:
(i) the state or the United States; or
(ii) any agency, instrumentality, or subdivision of the state or the United States;
that have been made before trial to a plaintiff as compensation for the loss or injury for which the action is brought;
(2) proof of the amount of money that the plaintiff is required to repay, including worker's compensation benefits, as a result of the collateral benefits received; and
(3) proof of the cost to the plaintiff or to members of the plaintiff's family of collateral benefits received by the plaintiff or the plaintiff's family.
[Pre-1998 Recodification Citation: 34-4-36-2.]
As added by P.L.1-1998, SEC.40. Amended by P.L.1-2010, SEC.139.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44. Evidence: Damages › Chapter 1. Collateral Source Evidence › 34-44-1-3. Proof of Payments; Consideration for Amount and Review of Award

Sec. 3. Proof of payments under section 2 of this chapter shall be considered by the trier of fact in arriving at the amount of any award and shall be considered by the court in reviewing awards that are alleged to be excessive.
[Pre-1998 Recodification Citation: 34-4-36-3.]
As added by P.L.1-1998, SEC.40.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44. Evidence: Damages › Chapter 2. Advance Payments in Personal Injury and Property Damage Cases › 34-44-2-1. Applicability of Chapter

Sec. 1. (a) This chapter applies to an action brought to recover damages for:
(1) personal injuries;
(2) wrongful death; or
(3) property damage.
(b) This chapter does not apply to actions in which there is more than one (1) defendant.
[Pre-1998 Recodification Citation: 34-3-2.5-1 part.]
As added by P.L.1-1998, SEC.40.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44. Evidence: Damages › Chapter 2. Advance Payments in Personal Injury and Property Damage Cases › 34-44-2-2. No Admission of Liability

Sec. 2. (a) An advance payment shall not be construed as an admission of liability by any person.
(b) Except as provided in section 3 of this chapter, evidence of an advance payment is not admissible during the trial for any purpose by either plaintiff or defendant.
[Pre-1998 Recodification Citation: 34-3-2.5-1 part.]
As added by P.L.1-1998, SEC.40.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44. Evidence: Damages › Chapter 2. Advance Payments in Personal Injury and Property Damage Cases › 34-44-2-3. Reduction of Plaintiff's Award by Amount of Advance Payment

Sec. 3. If it is determined that the plaintiff is entitled to recover in an action described in section 1 of this chapter:
(1) the defendant may introduce evidence of any advance payment made; and
(2) the court shall reduce the award to the plaintiff to the extent that the award includes an amount paid by the advance payment.
[Pre-1998 Recodification Citation: 34-3-2.5-2.]
As added by P.L.1-1998, SEC.40.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44. Evidence: Damages › Chapter 2. Advance Payments in Personal Injury and Property Damage Cases › 34-44-2-4. Insurance Companies

Sec. 4. (a) An advance payment made by an insurance company on behalf of an insured does not increase the limits of liability of the insurance company under any existing policy of insurance.
(b) The amount of an advance payment made in respect to any claim shall be credited against any obligation of the insurance company in respect to the claim.
[Pre-1998 Recodification Citation: 34-3-2.5-3.]
As added by P.L.1-1998, SEC.40.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44.5. Evidence: Uniform Interstate Depositions and Discovery Act › Chapter 1. Uniform Interstate Depositions and Discovery Act › 34-44.5-1-1. "Foreign Jurisdiction"

Sec. 1. As used in this chapter, "foreign jurisdiction" means a state other than Indiana.
As added by P.L.57-2010, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44.5. Evidence: Uniform Interstate Depositions and Discovery Act › Chapter 1. Uniform Interstate Depositions and Discovery Act › 34-44.5-1-2. "Foreign Subpoena"

Sec. 2. As used in this chapter, "foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
As added by P.L.57-2010, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44.5. Evidence: Uniform Interstate Depositions and Discovery Act › Chapter 1. Uniform Interstate Depositions and Discovery Act › 34-44.5-1-3. "Person"

Sec. 3. As used in this chapter, "person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
As added by P.L.57-2010, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44.5. Evidence: Uniform Interstate Depositions and Discovery Act › Chapter 1. Uniform Interstate Depositions and Discovery Act › 34-44.5-1-4. "State"

Sec. 4. As used in this chapter, "state" means any of the following:
(1) A state of the United States.
(2) The District of Columbia.
(3) Puerto Rico.
(4) The United States Virgin Islands.
(5) A federally recognized Indian tribe.
(6) Any territory or insular possession subject to the jurisdiction of the United States.
As added by P.L.57-2010, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44.5. Evidence: Uniform Interstate Depositions and Discovery Act › Chapter 1. Uniform Interstate Depositions and Discovery Act › 34-44.5-1-5. "Subpoena"

Sec. 5. As used in this chapter, "subpoena" means a document, however denominated, issued under authority of a court of record that requires a person to:
(1) attend and give testimony at a deposition;
(2) produce and allow inspection and copying of designated:
(A) books;
(B) documents;
(C) records;
(D) electronically stored information; or
(E) other tangible things;
in the possession, custody, or control of the person; or
(3) allow inspection of premises under the control of the person.
As added by P.L.57-2010, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44.5. Evidence: Uniform Interstate Depositions and Discovery Act › Chapter 1. Uniform Interstate Depositions and Discovery Act › 34-44.5-1-6. Subpoena; Request; Issuance; Contents

Sec. 6. (a) To request issuance of a subpoena under this chapter that is based on a foreign subpoena, a party must submit the foreign subpoena to the clerk of the court in the county in which discovery is sought to be conducted in Indiana. A request for the issuance of a subpoena under this chapter does not constitute an appearance in a court of this state.
(b) When a party submits a foreign subpoena to the clerk of a court in Indiana, the clerk, in accordance with the court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(c) A subpoena issued under subsection (b) must:
(1) incorporate the terms used in the foreign subpoena; and
(2) contain or be accompanied by the names, addresses, and telephone numbers of the following:
(A) All counsel of record in the proceeding to which the subpoena relates.
(B) Any party not represented by counsel.
As added by P.L.57-2010, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44.5. Evidence: Uniform Interstate Depositions and Discovery Act › Chapter 1. Uniform Interstate Depositions and Discovery Act › 34-44.5-1-7. Service of Subpoena

Sec. 7. A subpoena issued by a clerk of the court under section 6 of this chapter must be served in compliance with all applicable laws concerning service of a subpoena in Indiana.
As added by P.L.57-2010, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44.5. Evidence: Uniform Interstate Depositions and Discovery Act › Chapter 1. Uniform Interstate Depositions and Discovery Act › 34-44.5-1-8. Application of Indiana Laws

Sec. 8. All applicable Indiana law concerning compliance with subpoenas to:
(1) attend and give testimony;
(2) produce designated books, documents, records, electronically stored information, or other tangible things; or
(3) allow inspection of premises;
applies to subpoenas issued under section 6 of this chapter.
As added by P.L.57-2010, SEC.1. Amended by P.L.42-2011, SEC.72.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44.5. Evidence: Uniform Interstate Depositions and Discovery Act › Chapter 1. Uniform Interstate Depositions and Discovery Act › 34-44.5-1-9. Applications for Protective Orders and Subpoenas; Submission to Court

Sec. 9. An application to a court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under section 6 of this chapter must:
(1) comply with all applicable Indiana laws; and
(2) be submitted to a court in the county in which discovery is to be conducted.
As added by P.L.57-2010, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44.5. Evidence: Uniform Interstate Depositions and Discovery Act › Chapter 1. Uniform Interstate Depositions and Discovery Act › 34-44.5-1-10. Consideration for Uniformity of the Law

Sec. 10. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Interstate Depositions and Discovery Act.
As added by P.L.57-2010, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 44.5. Evidence: Uniform Interstate Depositions and Discovery Act › Chapter 1. Uniform Interstate Depositions and Discovery Act › 34-44.5-1-11. Application

Sec. 11. This chapter applies to requests for discovery in cases:
(1) pending on July 1, 2010; or
(2) filed after June 30, 2010.
As added by P.L.57-2010, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 45. Witnesses › Chapter 1. General Requirements › 34-45-1-1. Attachment; Affidavit; Knowledge of Service

Sec. 1. An attachment shall not issue against a witness who has been served a copy only of the summons until the party applying for the attachment or the party's attorney makes an affidavit in the court from which the party is seeking the attachment, stating that the party or the party's attorney has reasonable cause to believe, and does believe, that the witness against whom the summons issued has knowledge of the service of the summons by copy in time to have obeyed its command.
[Pre-1998 Recodification Citation: 34-1-14-1.]
As added by P.L.1-1998, SEC.41.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 45. Witnesses › Chapter 1. General Requirements › 34-45-1-2. Oath

Sec. 2. Before testifying, every witness shall be sworn to testify the truth, the whole truth, and nothing but the truth. The mode of administering an oath must be the most consistent with and binding upon the conscience of the person to whom the oath may be administered.
[Pre-1998 Recodification Citation: 34-1-14-2.]
As added by P.L.1-1998, SEC.41.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 45. Witnesses › Chapter 1. General Requirements › 34-45-1-3. Interpreters; Entitlement

Sec. 3. Every person who cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons, and who is a party to or a witness in a civil proceeding is entitled to an interpreter to assist the person throughout the proceeding.
[Pre-1998 Recodification Citation: 34-1-14-3 part.]
As added by P.L.1-1998, SEC.41.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 45. Witnesses › Chapter 1. General Requirements › 34-45-1-4. Interpreters; Appointment and Qualifications

Sec. 4. (a) An interpreter assisting a person under section 3 of this chapter may be:
(1) retained by the party or witness; or
(2) appointed by the court before which the action is pending.
(b) If an interpreter is appointed by the court, the fee for the services of the interpreter shall be:
(1) set by the court; and
(2) paid in a manner as the court may determine.
(c) The court may inquire into the qualifications and integrity of any interpreter, and may disqualify any person from serving as an interpreter.
[Pre-1998 Recodification Citation: 34-1-14-3 part.]
As added by P.L.1-1998, SEC.41.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 45. Witnesses › Chapter 1. General Requirements › 34-45-1-5. Interpreters; Oath

Sec. 5. Every interpreter for another person who is either a party or a witness in a court proceeding described in this chapter shall take the following oath:
Do you solemnly swear (or affirm) that you will justly, truly, and impartially interpret to _______ the oath about to be administered to him (her), and the questions which may be asked him (her), and the answers that he (she) shall give to such questions, relative to the cause now under consideration before this court so help you God (or under the pains and penalties of perjury)?
[Pre-1998 Recodification Citation: 34-1-14-3 part.]
As added by P.L.1-1998, SEC.41.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 45. Witnesses › Chapter 2. Competent and Incompetent Witnesses › 34-45-2-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 4 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.
As added by P.L.220-2011, SEC.574.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 45. Witnesses › Chapter 2. Competent and Incompetent Witnesses › 34-45-2-1. Competent Witnesses Generally

Sec. 1. All persons, whether parties to or interested in the suit, are competent witnesses in a civil action or proceeding, except as otherwise provided.
[Pre-1998 Recodification Citation: 34-1-14-4.]
As added by P.L.1-1998, SEC.41.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 45. Witnesses › Chapter 2. Competent and Incompetent Witnesses › 34-45-2-2. Insane Persons Considered Incompetent Witnesses

Sec. 2. Except as otherwise provided by statute, persons who are insane at the time they are offered as witnesses are not competent witnesses, whether or not they have been adjudged insane.
[Pre-1998 Recodification Citation: 34-1-14-5 part.]
As added by P.L.1-1998, SEC.41.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 45. Witnesses › Chapter 2. Competent and Incompetent Witnesses › 34-45-2-3. Mentally Incompetent Persons and Guardians

Sec. 3. (a) This section applies in all suits by or against any person adjudged to be a mentally incompetent person or against the mentally incompetent person's guardian:
(1) founded upon any contract with, or demand against the protected person;
(2) to obtain possession of the real or personal property of the protected person; or
(3) to affect the protected person's property in any manner.
(b) Except as provided in subsection (c), neither party to the transaction is a competent witness to any matter that occurred before the appointment of the incompetent person's guardian.
(c) If the party to the transaction who is under guardianship is adjudged by the court to be competent to testify, the other party to the suit shall not be excluded.
(d) This section does not apply to a contract made or transaction had before February 27, 1903.
(e) Either party to a suit under this section has the right to call and examine an adverse party as a witness. The court may require a party to a suit or other person to testify. An abuse of discretion under this subsection is reviewable on appeal.
[Pre-1998 Recodification Citation: 34-2-20-1.]
As added by P.L.1-1998, SEC.41.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 45. Witnesses › Chapter 2. Competent and Incompetent Witnesses › 34-45-2-4. Executors or Administrators; Depositions; Evidence Given by Decedent

Sec. 4. (a) This section applies to suits or proceedings:
(1) in which an executor or administrator is a party;
(2) involving matters that occurred during the lifetime of the decedent; and
(3) where a judgment or allowance may be made or rendered for or against the estate represented by the executor or administrator.
(b) This section does not apply in a proceeding to contest the validity of a will or a proceeding to contest the validity of a trust.
(c) This section does not apply to a custodian or other qualified witness to the extent the witness seeks to introduce evidence that is otherwise admissible under Indiana Rule of Evidence 803(6).
(d) Except as provided in subsection (e), a person:
(1) who is a necessary party to the issue or record; and
(2) whose interest is adverse to the estate;
is not a competent witness as to matters against the estate.
(e) In cases where:
(1) a deposition of the decedent was taken; or
(2) the decedent has previously testified as to the matter;
and the decedent's testimony or deposition can be used as evidence for the executor or administrator, the adverse party is a competent witness as to any matters embraced in the deposition or testimony.
[Pre-1998 Recodification Citation: 34-1-14-6.]
As added by P.L.1-1998, SEC.41. Amended by P.L.252-2001, SEC.37.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 45. Witnesses › Chapter 2. Competent and Incompetent Witnesses › 34-45-2-5. Contract Actions Involving Heirs or Devisees; Competent Witnesses

Sec. 5. (a) This section applies to suits by or against heirs or devisees founded on a contract with or demand against an ancestor:
(1) to obtain title to or possession of property, real or personal, of, or in right of, the ancestor; or
(2) to affect property described in subdivision (1) in any manner.
(b) This section does not apply in a proceeding to contest the validity of a:
(1) will; or
(2) trust.
(c) Except as provided in subsection (d), neither party to a suit described in subsection (a) is a competent witness as to any matter that occurred before the death of the ancestor.
(d) A custodian or other qualified witness in a suit described in subsection (a) may present evidence that is admissible under Indiana Evidence Rule 803(6).
[Pre-1998 Recodification Citation: 34-1-14-7.]
As added by P.L.1-1998, SEC.41. Amended by P.L.33-2004, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 45. Witnesses › Chapter 2. Competent and Incompetent Witnesses › 34-45-2-6. Agent of Decedent; Transactions

Sec. 6. (a) This section applies:
(1) when an agent of a decedent testifies on behalf of an executor, administrator, or heirs concerning any transaction the agent had:
(A) with a party to the suit, or the party's assignor or grantor; and
(B) in the absence of the decedent; or
(2) if any witness testifies on behalf of the executor, administrator, or heirs, to any conversation or admission of a party to the suit, or the party's assignor or grantor, made in the absence of the deceased.
(b) The party against whom the evidence is adduced, or the party's assignor or grantor, is competent to testify concerning the matters described in subsection (a).
[Pre-1998 Recodification Citation: 34-1-14-8 part.]
As added by P.L.1-1998, SEC.41.