IC 34-40
    ARTICLE 40. EVIDENCE: RECORDS OF PUBLICAGENCIES

IC 34-40-1
    Chapter 1. Prima Facie Proof of Lack of Records or Entry inRecords Kept in Public Offices

IC 34-40-1-1
Inapplicability of chapter to criminal proceedings
    Sec. 1. (a) This chapter applies to civil proceedings in which aparty seeks to prove the lack of a record or entry in a record kept ina public office.
    (b) This chapter does not apply to any criminal proceedings.
As added by P.L.1-1998, SEC.36.

IC 34-40-1-2
Prima facie proof of lack of record
    Sec. 2. (a) Whenever a record or book kept in a public office ofthis state or a political subdivision of this state is admissible for anypurpose as evidence in:
        (1) a civil proceeding in any court of this state; or
        (2) a hearing or determination before a board, commission, orofficer of this state, or a political subdivision of this state;
a written statement that meets the requirements of subsection (b), isadmissible in evidence as prima facie proof of the lack of record orentry.
    (b) The statement described in subsection (a) must:
        (1) be signed by:
            (A) an officer or person who has custody of official recordsor books; or
            (B) a deputy of the officer or person described in clause (A);
        (2) state that, after diligent search no record or entry of aspecified tenor is found to exist in the records of the office ofthe officer or person described in subdivision (1)(A); and
        (3) include the seal of the office, if there is a seal.
As added by P.L.1-1998, SEC.36.

IC 34-40-1-3
Proof of record by other sources
    Sec. 3. (a) Proof of the lack of a record or entry as provided insection 2 of this chapter does not prevent the proof of:
        (1) an official record or book; or
        (2) the lack of an entry in an official record or book;
by any method authorized by an applicable statute, the Indiana rulesof evidence, or at common law.
    (b) This chapter shall be considered and construed as:
        (1) being supplemental to other applicable statutes, the Indianarules of evidence, and common law; and        (2) giving an additional means of proof of the lack of an entry.
As added by P.L.1-1998, SEC.36.