CHAPTER 1. COMMUNICATIONS OF SYMPATHY

IC 34-43.5

    ARTICLE 43.5. EVIDENCE: SPECIFIC
COMMUNICATIONS



IC 34-43.5-1

    

Chapter 1. Communications of Sympathy

IC 34-43.5-1-1

Exception

    

Sec. 1. This chapter does not apply to a criminal proceeding.

As added by P.L.76-2006, SEC.1.

IC 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.

IC 34-43.5-1-3

"Communications 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.

IC 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.

IC 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.