CHAPTER 2. COMPETENT AND INCOMPETENT WITNESSES
IC 34-45-2
Chapter 2. Competent and Incompetent Witnesses
IC 34-45-2-1
Competent witnesses generally
Sec. 1. All persons, whether parties to or interested in the suit, arecompetent witnesses in a civil action or proceeding, except asotherwise provided.
As added by P.L.1-1998, SEC.41.
IC 34-45-2-2
Insane persons considered incompetent witnesses
Sec. 2. Except as otherwise provided by statute, persons who areinsane at the time they are offered as witnesses are not competentwitnesses, whether or not they have been adjudged insane.
As added by P.L.1-1998, SEC.41.
IC 34-45-2-3
Mentally incompetent persons and guardians
Sec. 3. (a) This section applies in all suits by or against anyperson adjudged to be a mentally incompetent person or against thementally incompetent person's guardian:
(1) founded upon any contract with, or demand against theprotected person;
(2) to obtain possession of the real or personal property of theprotected person; or
(3) to affect the protected person's property in any manner.
(b) Except as provided in subsection (c), neither party to thetransaction is a competent witness to any matter that occurred beforethe appointment of the incompetent person's guardian.
(c) If the party to the transaction who is under guardianship isadjudged by the court to be competent to testify, the other party tothe suit shall not be excluded.
(d) This section does not apply to a contract made or transactionhad before February 27, 1903.
(e) Either party to a suit under this section has the right to call andexamine an adverse party as a witness. The court may require a partyto a suit or other person to testify. An abuse of discretion under thissubsection is reviewable on appeal.
As added by P.L.1-1998, SEC.41.
IC 34-45-2-4
Executors or administrators; depositions; evidence given bydecedent
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 thedecedent; and
(3) where a judgment or allowance may be made or rendered foror against the estate represented by the executor or
administrator.
(b) This section does not apply in a proceeding to contest thevalidity of a will or a proceeding to contest the validity of a trust.
(c) This section does not apply to a custodian or other qualifiedwitness to the extent the witness seeks to introduce evidence that isotherwise 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 evidencefor the executor or administrator, the adverse party is a competentwitness as to any matters embraced in the deposition or testimony.
As added by P.L.1-1998, SEC.41. Amended by P.L.252-2001,SEC.37.
IC 34-45-2-5
Contract actions involving heirs or devisees; competent witnesses
Sec. 5. (a) This section applies to suits by or against heirs ordevisees 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 anymanner.
(b) This section does not apply in a proceeding to contest thevalidity of a:
(1) will; or
(2) trust.
(c) Except as provided in subsection (d), neither party to a suitdescribed in subsection (a) is a competent witness as to any matterthat occurred before the death of the ancestor.
(d) A custodian or other qualified witness in a suit described insubsection (a) may present evidence that is admissible under IndianaEvidence Rule 803(6).
As added by P.L.1-1998, SEC.41. Amended by P.L.33-2004, SEC.1.
IC 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 anexecutor, administrator, or heirs concerning any transaction theagent 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 theabsence of the deceased.
(b) The party against whom the evidence is adduced, or the party'sassignor or grantor, is competent to testify concerning the mattersdescribed in subsection (a).
As added by P.L.1-1998, SEC.41.
IC 34-45-2-7
Agent of decedent; contracts
Sec. 7. (a) Except as provided in subsection (b), a person whoacted as an agent in the making or continuing of a contract with anyperson who has died, is not a competent witness, in any suit upon orinvolving the contract, as to matters occurring before the death of thedecedent, on behalf of the principal to the contract, against the legalrepresentatives or heirs of the decedent.
(b) If the person is called by the decedent's heirs or legalrepresentatives, the person is a competent witness, as to mattersabout which the person is interrogated by the heirs or representatives.
As added by P.L.1-1998, SEC.41.
IC 34-45-2-8
Unlawfully taking or damaging personal property
Sec. 8. If the defendant in a case:
(1) is charged with unlawfully taking or detaining personalproperty or having done damage to personal property; and
(2) defends the charge in the defendant's pleading by assertingthat the defendant is the executor, administrator, guardian, orheir, and, as such, has taken or detained the property or hasdone the acts charged;
a person is not competent to testify who would not be competent ifthe defendant were the complainant. However, when the personcomplaining cannot testify, the defendant shall also be excluded.
As added by P.L.1-1998, SEC.41.
IC 34-45-2-9
Husband or wife
Sec. 9. When the husband or wife is a party, and not a competentwitness in his or her own behalf, the other shall also be excluded.
As added by P.L.1-1998, SEC.41.
IC 34-45-2-10
Assignor or grantor; adverse party
Sec. 10. (a) In all cases in which:
(1) executors, administrators, heirs, or devisees are parties; and
(2) one (1) of the parties to the suit is incompetent under thischapter to testify against the parties described in subdivision(1);
the assignor or grantor of a party making the assignment or grantvoluntarily shall be considered a party adverse to the executor oradministrator, heir, or devisee. (b) However, in all cases referred to in sections 4 through 9 of thischapter, any party to the suit has the right to call and examine anyadverse party as a witness.
(c) The court may require any party to a suit or other person totestify. Any abuse of the court's discretion under this subsection isreviewable on appeal.
As added by P.L.1-1998, SEC.41.
IC 34-45-2-11
Executors or administrators; contracts assigned
Sec. 11. In all actions by an executor or administrator, oncontracts assigned to the decedent, when the assignor is alive and acompetent witness in the cause:
(1) the executor or administrator; and
(2) the defendant or defendants;
are competent witnesses as to all matters that occurred between theassignors and the defendant or defendants before notice of theassignment.
As added by P.L.1-1998, SEC.41.
IC 34-45-2-12
Effect of lack of religious belief; moral character
Sec. 12. Lack of belief in a supreme being or in the Christianreligion does not render a witness incompetent. However, lack ofreligious belief may be shown upon the trial. In all questionsaffecting the credibility of a witness, the general moral character ofthe witness may be given in evidence.
As added by P.L.1-1998, SEC.41.
IC 34-45-2-13
Facts shown to affect credibility of witness
Sec. 13. Any fact that might have been shown to render a witnessincompetent may be shown to affect the credibility of the witness.
As added by P.L.1-1998, SEC.41.