reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 33. Courts and Court Officers › Article 40. Public Defenders › Chapter 8. Miscellaneous Legal Services for Indigents in Criminal Actions › 33-40-8-1. Contracts

Sec. 1. The judge of any court having criminal jurisdiction, except in those counties with a population of at least four hundred thousand (400,000), may contract with any attorney or group of attorneys admitted to practice law in Indiana to provide legal counsel for all or some of the poor persons coming before the court charged with the commission of a crime and not having sufficient means to employ an attorney to defend themselves.
[Pre-2004 Recodification Citation: 33-9-10-1.]
As added by P.L.98-2004, SEC.19.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 40. Public Defenders › Chapter 8. Miscellaneous Legal Services for Indigents in Criminal Actions › 33-40-8-2. Fees

Sec. 2. A judge shall establish the fee to be paid to an attorney or attorneys for providing service to poor people.
[Pre-2004 Recodification Citation: 33-9-10-2.]
As added by P.L.98-2004, SEC.19.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 40. Public Defenders › Chapter 8. Miscellaneous Legal Services for Indigents in Criminal Actions › 33-40-8-3. Contracts; Duration

Sec. 3. A contract entered into under section 1 of this chapter may be from year to year or for any length of time determined by the judge.
[Pre-2004 Recodification Citation: 33-9-10-3.]
As added by P.L.98-2004, SEC.19.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 40. Public Defenders › Chapter 8. Miscellaneous Legal Services for Indigents in Criminal Actions › 33-40-8-4. Appropriations; Fees

Sec. 4. The county council of every county where the judge of any court having criminal jurisdiction has contracted with an attorney for legal services to the poor shall appropriate an amount sufficient to meet the contract obligations of a court or courts for services to the poor.
[Pre-2004 Recodification Citation: 33-9-10-4.]
As added by P.L.98-2004, SEC.19.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 40. Public Defenders › Chapter 8. Miscellaneous Legal Services for Indigents in Criminal Actions › 33-40-8-5. Transcription of Notes of Evidence

Sec. 5. (a) Subject to subsection (b), if an indigent person:
(1) desires to appeal to the supreme court or the court of appeals the decision of a trial court in a criminal case; and
(2) does not have sufficient means to procure the typed or printed manuscript or transcript of the evidence taken by the court reporter;
the court shall direct the court reporter to transcribe the notes of evidence into a typed or printed manuscript or transcript as soon as practicable and deliver the manuscript or transcript to the indigent person.
(b) Notwithstanding subsection (a):
(1) the court must be satisfied that the indigent person lacks sufficient means to pay the court reporter for making the manuscript or transcript of evidence; and
(2) the court reporter may charge the compensation allowed by law in cases for making and furnishing a manuscript or transcript. The reporter shall be paid by the court from the proper county treasury.
[Pre-2004 Recodification Citation: 33-1-4-1.]
As added by P.L.98-2004, SEC.19. Amended by P.L.65-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 1. Powers and Duties › 33-41-1-1. Appointment and Duties of Official Reporters

Sec. 1. (a) To facilitate and expedite the trial of causes, the judge of each circuit, superior, probate, and juvenile court of each county shall appoint an official reporter.
(b) The official reporter shall, when required by the recorder's appointing judge, do the following:
(1) Be promptly present in the appointing judge's court.
(2) Record the oral evidence given in all causes by any approved method, including both questions and answers.
(3) Note all rulings of the judge concerning the admission and rejection of evidence and the objections and exceptions to the admission and rejection of evidence.
(4) Write out the instructions of the court in jury trials.
(c) In counties in which the circuit or probate court sits as a juvenile court, the official reporter of the circuit court or probate court, as the case may be:
(1) shall report the proceedings of the juvenile court as part of the reporter's duties as reporter of the circuit or probate court; and
(2) except as provided in subsection (d), may not receive additional compensation for the reporter's services for reporting the proceedings of the juvenile court.
(d) In counties in which a circuit court has juvenile jurisdiction and where there is a juvenile referee and the circuit judge is the judge of the juvenile court, the salary of the juvenile court reporter is one hundred twenty-five dollars ($125) per month in addition to any compensation the reporter receives as reporter of the circuit court.
(e) The official reporters of juvenile courts shall:
(1) be paid the same amount for their services and in the same manner;
(2) have the same duties; and
(3) be subject to the same restrictions;
as is provided for by law for the official reporters of the other courts. However, in a county having a population of more than six hundred thousand (600,000), the judge of the juvenile court may appoint court reporters as necessary for compliance with the law in regard to the reporting of cases and facilitating and expediting the trial of causes, each of whom is entitled to receive a salary of at least three hundred dollars ($300) per month.
[Pre-2004 Recodification Citation: 33-15-23-1.]
As added by P.L.98-2004, SEC.20. Amended by P.L.65-2004, SEC.21; P.L.119-2012, SEC.165.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 1. Powers and Duties › 33-41-1-2. Gender of Appointee; Child of Judge

Sec. 2. (a) A person may not be considered ineligible to serve as official reporter because of the person's gender.
(b) A judge may not appoint the judge's son or daughter as an official reporter.
[Pre-2004 Recodification Citation: 33-15-23-2.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 1. Powers and Duties › 33-41-1-3. Oath of Office

Sec. 3. At the time of appointment, an official reporter shall take an oath before an officer empowered to administer oaths to faithfully perform his or her duties as an official reporter.
[Pre-2004 Recodification Citation: 33-15-23-3.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 1. Powers and Duties › 33-41-1-4. Removal From Office; Filling Vacancy of Office

Sec. 4. An official reporter may, at any time, be removed by the judge of the court for which the reporter was appointed. In case of a vacancy in the office of official reporter, the judge of the court in which the vacancy occurs shall fill the vacancy as soon after its occurrence as practicable.
[Pre-2004 Recodification Citation: 33-15-23-4.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 1. Powers and Duties › 33-41-1-5. Transcript of Proceedings

Sec. 5. (a) If requested to do so, an official reporter shall furnish to either party in a cause a transcript of all or any part of the proceedings required by the reporter to be taken or noted, including all documentary evidence.
(b) An official reporter shall furnish a typewritten or printed transcript described in subsection (a) as soon after being requested to do so as practicable.
(c) The reporter shall certify that the transcript contains all the evidence given in the cause.
(d) The reporter may require payment for a transcript, or that the payment be satisfactorily secured, before the reporter proceeds to do the required work.
[Pre-2004 Recodification Citation: 33-15-23-5.]
As added by P.L.98-2004, SEC.20. Amended by P.L.65-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 1. Powers and Duties › 33-41-1-6. Powers of Court Reporter; Taking Examinations and Depositions; Bond; Seal

Sec. 6. (a) Every official circuit, superior, criminal, probate, and juvenile court reporter appointed under section 1 of this chapter may do the following:
(1) Take and certify all acknowledgments of deeds, mortgages, or other instruments of writing required or authorized by law to be acknowledged.
(2) Administer oaths generally.
(3) Take and certify affidavits, examinations, and depositions.
(4) Perform any duty conferred upon a notary public by Indiana statutes.
(b) Any official reporter taking examinations and depositions may:
(1) take them in shorthand;
(2) transcribe them into typewriting or longhand; and
(3) have them signed by the deposing witness.
(c) Before performing any official duty as authorized, an official reporter must:
(1) provide a bond as is required for notaries public; and
(2) procure a seal that will stamp a distinct impression indicating the reporter's official character, to which may be added any other device as the reporter chooses.
[Pre-2004 Recodification Citation: 33-15-24-1.]
As added by P.L.98-2004, SEC.20. Amended by P.L.201-2011, SEC.106.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 1. Powers and Duties › 33-41-1-7. Small Claims Courts; Transcript Fee

Sec. 7. (a) This section applies to the small claims court established under IC 33-34.
(b) The person who is designated by a judge of the court to prepare transcripts may collect a fee of not more than five dollars ($5) for each transcript from a person who requests the preparation of a transcript.
[Pre-2004 Recodification Citation: 33-15-25-2.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-1. Census Defined

Sec. 1. As used in this chapter, "census" means the last preceding United States federal decennial census.
[Pre-2004 Recodification Citation: 33-15-26-1.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-2. County Salary Defined

Sec. 2. As used in this chapter, "county salary" means that part of a court reporter's salary that is paid by the county.
[Pre-2004 Recodification Citation: 33-15-26-1.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-3. Judicial Circuit Defined

Sec. 3. As used in this chapter, "judicial circuit" means any county comprising a single judicial circuit or any combination of one (1) or more counties comprising a single judicial circuit.
[Pre-2004 Recodification Citation: 33-15-26-1.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-4. Official Court Reporter Defined

Sec. 4. As used in this chapter, "official court reporter" means any court reporter who is appointed as the official court reporter by the judge of any circuit, superior, or probate court in Indiana.
[Pre-2004 Recodification Citation: 33-15-26-1.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-5. Salary Defined

Sec. 5. As used in this chapter, "salary" means the amount of the state salary and the amount of the county salary added together.
[Pre-2004 Recodification Citation: 33-15-26-1.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-6. State Salary Defined

Sec. 6. As used in this chapter, "state salary" means that part of a court reporter's salary that is paid by the state.
[Pre-2004 Recodification Citation: 33-15-26-1.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-7. Appropriation for County Salaries

Sec. 7. County councils shall appropriate annually a sufficient amount to pay the county salaries authorized by this chapter.
[Pre-2004 Recodification Citation: 33-15-26-2.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-8. Multiple County Judicial Circuit

Sec. 8. If a judicial circuit is composed of more than one (1) county, all the counties comprising the circuit, for purposes of this chapter, are considered as one (1) county. Each county in a circuit shall pay part of the county salary in the same proportion as its individual classification factor bears to the classification factor of the judicial circuit.
[Pre-2004 Recodification Citation: 33-15-26-3.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-9. Counties Graded on Basis of Population and Gross Assessed Valuation; Percentage Ratio

Sec. 9. For the purpose of this chapter:
(1) counties are graded on the basis of population and gross assessed valuation; and
(2) each county is set up on the percentage ratio it bears to the state with the whole state being considered as one hundred percent (100%).
[Pre-2004 Recodification Citation: 33-15-26-4.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-10. Classes of Counties Based on Unit Factor System; Factors

Sec. 10. (a) The nine (9) classes of counties as set out in this chapter are based on a unit factor system. The factors are determined by the relation of the county to the state as established and certified to each county auditor by the state board of accounts not later than July 1 of each year. The factors are as follows:
(1) Population.
(2) Gross assessed valuation, as shown by the last preceding gross assessed valuation, as certified by the various counties to the auditor of state in the calendar year in which the calculation is made.
(b) The factors for each of the nine (9) classes set out in this chapter shall be obtained as follows:
(1) The population of each county shall be divided by the population of the entire state.
(2) The gross assessed valuation of each county shall be divided by the gross assessed valuation of the entire state.
(3) The results obtained in subdivisions (1) and (2) shall be added together and the sum obtained for each county shall be divided by two (2).
(4) The result obtained under subdivision (3), multiplied by one hundred (100), determines the classification of each county according to the following schedule:
CLASSIFICATION FACTORS
HIGH
LOW
CLASS
No Limit
8.00
1
All under
8.00
2.25
2
All under
2.25
1.25
3
All under
1.25
.85
4
All under
.85
.70
5
All under
.70
.60
6
All under
.60
.50
7
All under
.50
.35
8
All under
.35
No limit
9
[Pre-2004 Recodification Citation: 33-15-26-5.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-11. Court Reporter Annual Salary; Additional Increments to Minimum Salary

Sec. 11. The annual salary of each court reporter shall be fixed as provided in this chapter according to the county or counties in which the court reporter holds office. A county or counties may add additional increments to the minimum annual salary according to the usual budget procedures. The salaries shall be paid in equal monthly installments.
[Pre-2004 Recodification Citation: 33-15-26-6.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-12. Classes of Salary for Court Reporters

Sec. 12. The annual salary of each court reporter shall be:
Class 1
$7,000
Class 2
$6,800
Class 3
$6,500
Class 4
$6,000
Class 5
$5,500
Class 6
$5,200
Class 7
$5,000
Class 8
$4,800
Class 9
$4,500
[Pre-2004 Recodification Citation: 33-15-26-7.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-13. Population Change Affecting Classification of Judicial Circuit

Sec. 13. If the classification of any judicial circuit is changed by reason of change in population as determined by the census, the salaries of the court reporters of the judicial circuit is governed as provided by this chapter for judicial circuits of the population class into which it is placed. However, a judicial circuit may not be reduced in classification for determining the salary of any court reporter unless the minimum population of any class on July 1, 1965, was reduced more than five percent (5%) by the last preceding United States federal decennial census.
[Pre-2004 Recodification Citation: 33-15-26-8.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 2. Salaries › 33-41-2-14. Construction of Chapter

Sec. 14. This chapter may not be considered to repeal or amend IC 33-41-1-1.
[Pre-2004 Recodification Citation: 33-15-26-9.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 3. Depositions › 33-41-3-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 33-15-27 (before its repeal, now codified in this chapter) by P.L.104-1999 applies only to a deposition taken after December 31, 1999.
As added by P.L.220-2011, SEC.544.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 3. Depositions › 33-41-3-1. Applicability of Chapter

Sec. 1. This chapter does not apply to contracts for court reporting services for any of the following:
(1) A court.
(2) An agency or instrumentality of a state or political subdivision.
(3) An agency or instrumentality of the government of the United States.
[Pre-2004 Recodification Citation: 33-15-27-1.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 3. Depositions › 33-41-3-2. Employee Defined

Sec. 2. As used in this chapter, "employee" includes the following:
(1) A person who provides reporting or other court services under a contractual relationship with a person interested in the outcome of litigation, including anyone that may be ultimately responsible for payment.
(2) A person who is employed to provide reporting or other court services part time or full time under a contract or otherwise by a person that has a contractual relationship with a party.
[Pre-2004 Recodification Citation: 33-15-27-2.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 3. Depositions › 33-41-3-3. Depositions for Use in Court Proceedings

Sec. 3. A deposition to be used in a proceeding in a circuit, superior, probate, county, city, or town court, the court of appeals, or the supreme court must be taken before an individual who:
(1) is described in section 4 of this chapter; and
(2) does not have a prohibited interest or relationship described in section 5 of this chapter.
[Pre-2004 Recodification Citation: 33-15-27-3.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 3. Depositions › 33-41-3-4. Before Whom Depositions Must Be Taken

Sec. 4. A deposition must be taken before:
(1) a hearing officer;
(2) a judge, a clerk, a commissioner, or an official reporter of a court;
(3) a notary public; or
(4) another individual authorized by law to take a deposition.
[Pre-2004 Recodification Citation: 33-15-27-4.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 3. Depositions › 33-41-3-5. Persons Who May Not Take Depositions

Sec. 5. (a) Subsection (b)(4) does not apply to a relative or employee of the attorney of one (1) of the parties to a proceeding.
(b) A deposition may not be taken by a person who is:
(1) a party to the proceeding;
(2) a relative, an employee, or an attorney of one (1) of the parties to the proceeding;
(3) someone with a financial interest in the proceeding or its outcome; or
(4) a relative, an employee, or an attorney of a person with a financial interest in the proceeding or its outcome.
[Pre-2004 Recodification Citation: 33-15-27-5.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 3. Depositions › 33-41-3-6. Void Depositions

Sec. 6. A deposition that is not taken in conformity with section 3 of this chapter is void.
[Pre-2004 Recodification Citation: 33-15-27-6.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 41. Court Reporters › Chapter 3. Depositions › 33-41-3-7. Transcription of Depositions

Sec. 7. A person, when reducing a deposition to writing, shall transcribe a page unit of the deposition in the same form as the form required for a record of proceedings under Indiana Rule of Appellate Procedure 7.2.
[Pre-2004 Recodification Citation: 33-15-27-7.]
As added by P.L.98-2004, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-1. Application of Law

Sec. 1. (a) The definitions in this chapter apply throughout this article.
(b) Amendments to this article that are effective after June 30, 2017, do not affect the validity or effect of a notarial act performed under this article before July 1, 2019.
(c) This article applies only to a notary public commissioned or recommissioned after June 30, 2019.
(d) To the extent that IC 26-2-8 conflicts with this article, IC 26-2-8 is controlling.
As added by P.L.128-2017, SEC.12. Amended by P.L.59-2018, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-2. "Acknowledgment"

Sec. 2. "Acknowledgment" means:
(1) a principal's declaration, before a notarial officer, that a record has been signed for the purpose stated in the record; or
(2) if the record was signed in a representative capacity, a declaration by the individual, before a notarial officer, that the individual signed the record with the proper authority and signed it as the act of the individual or entity identified in the record.
As added by P.L.59-2018, SEC.9.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-3. "Appearance" or "Appear"

Sec. 3. "Appearance" or "appear", with respect to a notarial act, refers to an individual's presence before a notarial officer by:
(1) being:
(A) physically present before the notarial officer;
(B) able to interact with the notarial officer; and
(C) able to physically exchange tangible credentials or other documentation with the notarial officer; or
(2) the use of audio visual communication.
As added by P.L.59-2018, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-4. "Assurance"

Sec. 4. "Assurance" means a surety bond or the functional equivalent of a surety bond that covers a notary public's acts or omissions during the course of the notary public's commission.
As added by P.L.59-2018, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-6. "Credential"

Sec. 6. "Credential" means a valid, government issued form of identification that bears:
(1) a photograph; and
(2) the signature;
of the individual identified.
As added by P.L.59-2018, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-7. "Credential Analysis"

Sec. 7. "Credential analysis" means a process or service:
(1) approved by the secretary of state;
(2) performed by a third person; and
(3) through which review of public and proprietary data sources provides confidence concerning the validity of a credential.
As added by P.L.59-2018, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-8. "Credible Witness"

Sec. 8. "Credible witness" means an individual who:
(1) appears before a notarial officer;
(2) swears or affirms that the signer of a document is the individual whom the signer claims to be; and
(3) is known personally to the signer of the document and the notarial officer.
As added by P.L.59-2018, SEC.15.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-9. "Dynamic Knowledge Based Authentication Assessment"

Sec. 9. "Dynamic knowledge based authentication assessment" means a questionnaire that:
(1) consists of questions about a principal that:
(A) are derived from private and public sources; and
(B) have not been previously answered by the principal;
(2) is answered by the principal; and
(3) is reviewed by a remote notary public to assist in verifying the identity of the principal.
As added by P.L.59-2018, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-11. "Electronic Notarial Certificate"

Sec. 11. "Electronic notarial certificate" means the part of or attachment to an electronic record that:
(1) is completed by a notarial officer;
(2) bears the notarial officer's:
(A) electronic signature; and
(B) electronic seal; and
(3) states the facts attested to by the notarial officer in a notarial act.
As added by P.L.59-2018, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-13. "Electronic Seal"

Sec. 13. "Electronic seal" means information that:
(1) is specific to an individual notary public;
(2) is attached to or associated with a notarized electronic record; and
(3) contains:
(A) the words, "notary public";
(B) the words, "state of Indiana";
(C) the word, "seal";
(D) the notary public's name as it appears on the notary public's commission certificate;
(E) the words, "commission number", followed by the commission number of the notary public; and
(F) the words, "my commission expires", followed by the expiration date of the notary public's commission.
As added by P.L.59-2018, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-14. "Electronic Signature"

Sec. 14. "Electronic signature" means an electronic process, sound, or symbol that is adopted by an individual for the purpose of electronically signing an electronic record.
As added by P.L.59-2018, SEC.21.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-15. "Exclusive Control"

Sec. 15. "Exclusive control" means exclusively having, at all times, direct physical or intellectual custody of:
(1) a password to access; or
(2) the ability to use another secure means of authentication of;
an electronic record.
As added by P.L.59-2018, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-16. "Identity Proofing"

Sec. 16. "Identity proofing" means a process or service:
(1) that is approved by the secretary of state; and
(2) through which review by a third person of personal information:
(A) about an individual; and
(B) obtained from public and proprietary data sources;
affirms the identity of the individual.
The term may include dynamic knowledge based authentication assessment.
As added by P.L.59-2018, SEC.23.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-17. "In a Representative Capacity"

Sec. 17. "In a representative capacity" means acting:
(1) as an authorized agent, officer, representative, or trustee of another person;
(2) in any capacity as:
(A) provided by law; and
(B) stated in a record;
(3) as an agent or attorney in fact for a principal; or
(4) in any other authorized capacity.
As added by P.L.59-2018, SEC.24.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-18. "Notarial Act"

Sec. 18. "Notarial act" means the following acts with respect to either a tangible or an electronic record:
(1) Taking an acknowledgment.
(2) Administering an oath or affirmation.
(3) Taking a verification on an oath or affirmation.
(4) Attesting to or witnessing a signature.
(5) Attesting to or certifying a copy of:
(A) a tangible document or record; or
(B) an electronic document or record.
(6) Taking a proof (as defined in IC 32-21-2-1.7).
(7) Noting a protest of a negotiable record.
(8) Any other act authorized by common law or the custom of merchants.
As added by P.L.59-2018, SEC.25. Amended by P.L.185-2021, SEC.58.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-19. "Notarial Officer"

Sec. 19. "Notarial officer" means an individual authorized under IC 33-42-9-7(a) to perform a notarial act.
As added by P.L.59-2018, SEC.26.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-21. "Official Seal"

Sec. 21. "Official seal" means either of the following:
(1) A physical image that is affixed to or embossed upon a tangible record.
(2) An electronic image that is attached to or associated with an electronic record.
As added by P.L.59-2018, SEC.28.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-22. "Person"

Sec. 22. "Person" means:
(1) an agency;
(2) an association;
(3) a business trust;
(4) a corporation;
(5) an estate;
(6) an individual;
(7) an instrumentality;
(8) a joint venture;
(9) a limited liability company;
(10) a partnership;
(11) a public corporation;
(12) a trust;
(13) a statutory trust;
(14) any other legal or commercial entity; or
(15) any local or state government:
(A) agency; or
(B) instrumentality.
As added by P.L.59-2018, SEC.29.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-23. "Principal"

Sec. 23. (a) "Principal" means an individual:
(1) whose signature is reflected on a document that is notarized;
(2) who has taken an oath or affirmation administered by a notarial officer; or
(3) whose signature is reflected on a document that is notarized after the individual has taken an oath or affirmation administered by a notarial officer.
(b) Except as provided in subsection (c), for purposes of a remote notarial act, "principal" means an individual:
(1) whose electronic signature is reflected on a document that is notarized and contained in an electronic record;
(2) who has taken an oath or affirmation administered by a remote notary public; or
(3) whose electronic signature is reflected on a document that is notarized and contained in an electronic record after an individual has taken an oath or affirmation administered by a remote notary public.
(c) A principal, for purposes of a remote notarial act, does not include an individual who has taken an oath or affirmation administered by a remote notary public in the capacity of a witness for a remote notarial act.
As added by P.L.59-2018, SEC.30.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-24. "Public Key Infrastructure"

Sec. 24. "Public key infrastructure" means a method of enabling a user of an unsecured public computer network, including the Internet, to securely and privately exchange data and money through a public and private cryptographic key pair that is obtained and shared through a trusted certificate authority, providing for a:
(1) digital certificate that is able to identify an individual or organization; and
(2) directory service that is able to store and, if necessary, revoke the digital certificate.
As added by P.L.59-2018, SEC.31.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-25. "Record"

Sec. 25. "Record" means retrievable information that is:
(1) memorialized upon a tangible medium; or
(2) stored electronically.
As added by P.L.59-2018, SEC.32.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-26. "Remote Notarial Act"

Sec. 26. "Remote notarial act" means a notarial act described in section 18(1) through 18(5) of this chapter:
(1) performed through audio visual communication; and
(2) involving an electronic record.
As added by P.L.59-2018, SEC.33.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-27. "Remote Notary Public"

Sec. 27. "Remote notary public" means a notary public who is authorized by the secretary of state to perform a remote notarial act under IC 33-42-17.
As added by P.L.59-2018, SEC.34.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-28. "Remote Presentation"

Sec. 28. "Remote presentation" means an electronic transmission:
(1) by a principal;
(2) to a remote notary public; and
(3) of an image:
(A) of a credential; and
(B) that is of sufficient quality to allow for use of the image in credential analysis to identify the principal.
As added by P.L.59-2018, SEC.35.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-29. "Sign"

Sec. 29. "Sign" means:
(1) to adopt or execute a record with a tangible symbol; or
(2) to:
(A) associate with; or
(B) attach to;
a record an electronic process, sound, or symbol;
with the intent to adopt or authenticate the record.
As added by P.L.59-2018, SEC.36.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-31. "Stamping Device"

Sec. 31. "Stamping device" means:
(1) a physical device capable of affixing or embossing a tangible record with an official seal; or
(2) an electronic device or process capable of pairing an electronic seal with an electronic record.
As added by P.L.59-2018, SEC.38.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-32. "State"

Sec. 32. "State" means a state of the United States, the District of Columbia, or a territory or possession subject to the jurisdiction of the United States.
As added by P.L.59-2018, SEC.39.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-33. "Surety"

Sec. 33. "Surety" means an entity that:
(1) is licensed or authorized to do the business described in subdivision (2) in Indiana; and
(2) guarantees the legal liability of a notary public for:
(A) debt;
(B) default; or
(C) failure to perform a duty of a notary public.
As added by P.L.59-2018, SEC.40.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-34. "Technology"

Sec. 34. "Technology" means an application, a device, or a program that allows a notarial officer to perform a:
(1) notarial act electronically; or
(2) remote notarial act.
As added by P.L.59-2018, SEC.41.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 0.5. Definitions › 33-42-0.5-35. "Verification on an Oath or Affirmation"

Sec. 35. "Verification on an oath or affirmation" means a declaration that a statement in a record is true.
As added by P.L.59-2018, SEC.42.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 2. Repealed

[Pre-2004 Recodification Citations:
33-42-2-1formerly 33-16-2-133-42-2-2formerly 33-16-2-233-42-2-3formerly 33-16-2-333-42-2-4formerly 33-16-2-433-42-2-5formerly 33-16-2-533-42-2-6formerly 33-16-2-633-42-2-7formerly 33-16-2-733-42-2-8formerly 33-16-2-833-42-2-9formerly 33-16-2-933-42-2-10formerly 33-16-2-10.]
Repealed by P.L.128-2017, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 4. Repealed

[Pre-2004 Recodification Citations:
33-42-4-1formerly 33-16-4-133-42-4-2formerly 33-16-4-233-42-4-3formerly 33-16-4-3.]
Repealed by P.L.128-2017, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 5. Authority of Township Trustee to Perform Notarial Acts › 33-42-5-1. Authorization; Recording

Sec. 1. A township trustee may perform any act that a notary public may perform in Indiana. Acknowledgments to deeds or other instruments taken by a trustee shall be recorded as if the acknowledgments had been acknowledged before a notary public.
[Pre-2004 Recodification Citation: 33-16-8-1.]
As added by P.L.98-2004, SEC.21.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 5. Authority of Township Trustee to Perform Notarial Acts › 33-42-5-2. Seal; Requirements

Sec. 2. Before a trustee may perform a notarial act, the trustee must obtain a seal that can stamp upon paper a distinct impression that indicates the trustee's official character, along with any other information that the trustee chooses. A notarial act of a trustee that is not attested by a seal is void.
[Pre-2004 Recodification Citation: 33-16-8-2.]
As added by P.L.98-2004, SEC.21.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 5. Authority of Township Trustee to Perform Notarial Acts › 33-42-5-3. Appendage of Trustee's Date of Election

Sec. 3. When signing any certificate of acknowledgment, jurat, or other official document, the trustee must append to it the trustee's date of election as a trustee.
[Pre-2004 Recodification Citation: 33-16-8-3.]
As added by P.L.98-2004, SEC.21.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 5. Authority of Township Trustee to Perform Notarial Acts › 33-42-5-4. Prohibition on Collecting Fee

Sec. 4. A trustee may not receive a fee for performing a notarial act.
[Pre-2004 Recodification Citation: 33-16-8-4.]
As added by P.L.98-2004, SEC.21.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 5. Authority of Township Trustee to Perform Notarial Acts › 33-42-5-5. Prohibited Acts

Sec. 5. A trustee may not perform an act that is prohibited to a notary public.
[Pre-2004 Recodification Citation: 33-16-8-5.]
As added by P.L.98-2004, SEC.21.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 6. Federal Land Bank Employees Acting as Notaries in Certain Transactions › 33-42-6-1. Federal Land Bank Association Managers, Officers, and Employees as Notary Public

Sec. 1. The manager, officers, and employees of a federal land bank association located in Indiana may become and act as a notary public in the business of the association to take acknowledgments of deeds and real estate mortgages and to take and certify affidavits.
[Pre-2004 Recodification Citation: 33-16-5-1.]
As added by P.L.98-2004, SEC.21. Amended by P.L.2-2005, SEC.112.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 7. Acknowledgment of Lot Sales by a Notary Who Is a Member of Cemetery Association › 33-42-7-1. Stockholder or Officer of a Cemetery Association as Notary

Sec. 1. A notary public who is a stockholder or an officer of a cemetery association whose rules or constitution prohibit an officer or a stockholder from becoming a beneficiary from the sale of lots by the cemetery association may take acknowledgments of sales of lots.
[Pre-2004 Recodification Citation: 33-16-6-1.]
As added by P.L.98-2004, SEC.21.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 9. Notarial Acts › 33-42-9-1. Notary Public Appointments; Notarial Acts

Sec. 1. (a) The governor may appoint a notary public if the public interest would be promoted by the appointment.
(b) A notarial officer may perform notarial acts.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.43.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 9. Notarial Acts › 33-42-9-2. Determination of Identity of Signatory; Authenticity of Copy

Sec. 2. (a) A notarial officer who:
(1) takes an acknowledgment of a record;
(2) takes a verification of statement on an oath or affirmation; or
(3) attests or witnesses to a signature;
shall determine, from personal knowledge or satisfactory evidence, that the individual appearing before the notarial officer has the identity claimed and that the signature on the record is the signature of the individual.
(b) A notarial officer who attests to or certifies a copy of a record or item shall verify that the copy is an accurate, full, and true reproduction or transcription of the record or item.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.44.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 9. Notarial Acts › 33-42-9-3. Personal Appearance

Sec. 3. If a notarial act relates to a statement made in or a signature executed on a record, the declarant or signatory shall appear personally before the notarial officer.
As added by P.L.128-2017, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 9. Notarial Acts › 33-42-9-4. Authentication of Individual's Identity

Sec. 4. (a) A notarial officer has personal knowledge of an individual's identity if the:
(1) individual is personally known to the notarial officer; or
(2) notarial officer has transacted sufficient, prior business with the individual to know the individual's identity.
(b) If a notarial officer does not have personal knowledge of an individual's identity, the notarial officer may authenticate the identity of the individual through one (1) of the following means:
(1) An inspection of any of the following that, if expired, has not been expired for more than three (3) years:
(A) The individual's passport.
(B) The individual's driver's license.
(C) The individual's government issued identification card.
(D) A credential that:
(i) is not described in clauses (A) through (C);
(ii) is government issued; and
(iii) contains a photograph of the individual.
(2) A verification on an oath or affirmation by a credible witness who:
(A) personally:
(i) appears before the notarial officer; and
(ii) is personally known by the notarial officer; or
(B) is identified to the notarial officer by a credential described in subdivision (1).
(c) A notarial officer may require an individual to provide additional identification or information before performing a notarial act.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.45.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 9. Notarial Acts › 33-42-9-5. Refusal to Perform Notarial Act

Sec. 5. (a) A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that:
(1) the individual executing the record is competent; or
(2) the individual's execution of the record is being done knowingly or voluntarily.
(b) A notarial officer may refuse to perform a notarial act unless the refusal is prohibited by law.
As added by P.L.128-2017, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 9. Notarial Acts › 33-42-9-6. Appointed or Designated Signatory

Sec. 6. (a) A principal may appoint or direct another individual to sign a record if the principal is physically unable to sign the record personally.
(b) A notarial officer shall note the principal's use of an appointed or designated signatory on any record executed in the manner described in subsection (a) by:
(1) clearly labeling the appointee or designee's signature;
(2) clearly labeling the name of the principal; and
(3) including or using language that conveys the principal's intent to use an appointed or designated signatory.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.46.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 9. Notarial Acts › 33-42-9-7. Performance of Notarial Act; Evidence of Authenticity

Sec. 7. (a) A notarial act may be performed by the following individuals:
(1) Notaries public.
(2) An official court reporter acting under IC 33-41-1-6.
(3) Judges and justices of Indiana courts.
(4) The secretary of state.
(5) The clerk of the supreme court.
(6) Mayors, clerks, clerk-treasurers of towns and cities, township trustees, in their respective towns, cities, and townships.
(7) Clerks of circuit courts and master commissioners in their respective counties.
(8) Judges of United States district courts of Indiana, in their respective jurisdictions.
(9) United States commissioners appointed for any United States district court of Indiana, in their respective jurisdictions.
(10) A precinct election officer (as defined in IC 3-5-2-40.1) and an absentee voter board member appointed under IC 3-11-10 or IC 3-11.5-4, for any purpose authorized under IC 3.
(11) A member of the Indiana election commission, a co-director of the election division, or an employee of the election division as defined under IC 3-6-4.2.
(12) County auditors in their respective counties.
(13) County recorders in their respective counties.
(14) Any member of the Indiana general assembly anywhere in Indiana.
(15) The adjutant general of the Indiana National Guard, specific active duty members, reserve duty members, or civilian employees of the Indiana National Guard designated by the adjutant general of the Indiana National Guard for any purpose related to the service of an active duty or reserve member of the Indiana National Guard.
(b) The signature and title of an individual performing a notarial act in Indiana is prima facie evidence of the fact that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.47; P.L.185-2021, SEC.59.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 9. Notarial Acts › 33-42-9-8. Notarial Acts in Another State

Sec. 8. (a) A notarial act performed in another state is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act performed in the other state is performed by:
(1) a notary public of the other state;
(2) a judge, clerk, or deputy clerk of the other state; or
(3) any other individual authorized by the law of the other state to perform notarial acts.
(b) The signature and title of an individual performing a notarial act in another state is prima facie evidence of the fact that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) The signature of a notarial officer described in subsection (a)(1) or (a)(2) conclusively establishes the authority of the notarial officer to perform the notarial act.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.48.