CHAPTER 1. DOCUMENTARY EVIDENCE IN GENERAL
IC 34-37
ARTICLE 37. EVIDENCE: DOCUMENTARY ANDOTHER WRITTEN EVIDENCE IN GENERAL
IC 34-37-1
Chapter 1. Documentary Evidence in General
IC 34-37-1-1
Sealed and unsealed writings; conveyances; compromise orsettlement
Sec. 1. (a) There is no difference in evidence between sealed andunsealed writings. Every writing that is not sealed has the same forceand effect that it would have if sealed.
(b) A writing under seal, except conveyances of real estate or anyinterest in real estate, may be changed or altogether discharged by awriting not under seal.
(c) An agreement in writing, without a seal, for the compromiseor settlement of a debt, is as obligatory as if a seal were affixed.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-2
Execution of instrument; seal
Sec. 2. The execution of an instrument is the subscribing anddelivering of the instrument with or without affixing a seal.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-3
Recitals in instrument; seal
Sec. 3. Recitals in any written instrument have no greater effectthan they have had in writings not under seal.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-4
Seal to deed; savings clause
Sec. 4. Sections 1, 2, and 3 of this chapter do not repeal or affectany Indiana statute expressly requiring a seal to a deed or otherinstrument.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-5
Notary public; certificates or instruments
Sec. 5. Certificates or instruments, either printed or written,purporting to be:
(1) the official act of a notary public of this state, of the Districtof Columbia, or of any other state or territory of the UnitedStates; and
(2) under the seal and signature of a notary public;
shall be received as presumptive evidence of the official character ofthe instrument and of the facts set forth in the instrument.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-6
Notice; affidavit; presumptive evidence
Sec. 6. The original affidavit and copy of a notice published in anewspaper, which are filed under IC 34-32-1-3 (or IC 34-1-18-8before its repeal), and copies of the affidavit and notice, dulycertified by the clerk, are presumptive evidence in all cases andbefore every court of the facts contained in the affidavit.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-7
Affidavits; foreign states; authenticated
Sec. 7. When an affidavit taken in another state is:
(1) certified by the officer or justice of the peace taking theaffidavit, under the:
(A) hand of the officer or justice of the peace; and
(B) seal of office, if the officer or justice of the peace has aseal; and
(2) attested by the clerk of the:
(A) circuit or district court; or
(B) court of common pleas;
of the county where the officer exercises the duties of office,under the hand of the clerk and seal of the court; and
the clerk certifies that the officer or justice of the peace is, by thelaws of the other state, duly empowered to administer oaths andaffirmations and to take affidavits, the affidavit is sufficientlyauthenticated and may be received and used in any Indiana court.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-8
Copies of records; deeds; office books; official bonds
Sec. 8. Exemplifications or copies of records, records of deeds,other instruments, office books, parts of office books, and officialbonds that are kept in any public office in Indiana shall be proved oradmitted as legal evidence in any court or office in Indiana:
(1) by the attestation of the custodian of the records, books,deeds, other instruments, or official bonds that the copies aretrue and complete copies of the records, bonds, instruments,books, bonds, or parts of the records, books, deeds, otherinstruments, or official bonds in the custodian's custody; and
(2) by:
(A) the annexation by the custodian of the seal of office ofthe custodian if there is a seal; or,
(B) if there is no official seal, by the attachment to theattestation described in subdivision (1) of the certificate ofthe clerk and the seal of the circuit or superior court of theproper county where the custodian resides, that theattestation is made by the proper officer.
As added by P.L.1-1998, SEC.33.