CHAPTER 17. COUNTY RECORDS

IC 36-2-17
    Chapter 17. County Records

IC 36-2-17-1
Application of chapter
    Sec. 1. This chapter applies to all counties.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-2
Keeping records in offices; delivery to successors; use ofpermanent ink; violation
    Sec. 2. (a) The county auditor, county treasurer, county surveyor,county sheriff, and county superintendent of schools shall keep intheir offices all records that they are required to make and shalldeliver them to their successors.
    (b) The clerk of the circuit court, county auditor, and countyrecorder shall use permanent jet-black, nonfading ink when preparingofficial records in longhand. A person who violates this subsectioncommits a Class C infraction.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-3
Photostatic recording of documents; force of recording
    Sec. 3. (a) A county officer who is required to record documentsmay record them by a photographic process if:
        (1) the process is adopted by the county executive; and
        (2) the necessary photographic equipment and supplies arefurnished for that purpose by the county executive.
    (b) Photostatic recording of documents has the same force asrecording of documents by handwriting, typewriter, or handwritingon partly printed pages.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-4
Miniature photographic or microfilm recording of documents;marginal entry or notation; control over film and records; originaland duplicate copies; index
    Sec. 4. (a) A county officer may record documents by miniaturephotographic process or microfilm process if:
        (1) the installation of the process is approved by the countyexecutive; and
        (2) the process provides for an original and a duplicate filmcopy of each document that the officer is required to record.
The officer shall index and file the original copy in a suitablecontainer in the office where the document is recorded, in such amanner that it is easily accessible and readable by an interestedperson. The officer shall preserve the duplicate copy in a fireproofvault, either in the courthouse where the office is located or in aplace designated by the county executive.
    (b) When recording a release, assignment, or other document that

requires a marginal entry or notation on a prior record made underthis section, an officer acting under this section shall:
        (1) record the document on the index page of the photographicor microfilm record containing the prior record; or
        (2) index and cross-reference the marginal entry or notation andrecord it on a separate page attached to or filed with and madea part of the prior record.
    (c) An officer recording a document under this section hasexclusive control over the film and records in his office, and he maynot return an original document to the person presenting it for recorduntil the film copy of that document is properly recorded, indexed,filed, and made available to interested persons.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-5
Preservation of records; copies; control of records
    Sec. 5. (a) If it is necessary to preserve the records of:
        (1) the circuit court clerk's office;
        (2) the county auditor's office;
        (3) the county treasurer's office;
        (4) the county recorder's office;
        (5) the county sheriff's office;
        (6) a court of record; or
        (7) the county surveyor's office;
from damage, the county executive shall order the officer in chargeof the records to copy them in suitable books procured by him forthat purpose. The executive shall specify in its order the particularrecords or parts of records to be copied.
    (b) If:
        (1) parts of a county's records have been destroyed;
        (2) the remaining parts of the records have been copied topreserve them from damage; and
        (3) the proper holder of the original documents on which therecords were based presents those documents to the officer incharge of the records;
the officer in charge of the records shall use the original documentsto complete the records, and, if the original index no longer exists,shall index the completed records.
    (c) If a map or plat in the office of the county auditor, countyrecorder, or county surveyor is so worn or defaced that it is not fit foruse, the auditor, recorder, or surveyor shall make an accurate copy ofthe legible part of the map or plat. If a part of the map or plat isillegible, the auditor or recorder shall resort to the most accuratesources to complete the copy.
    (d) Copies of records made under this section have the same forceas the original records. Certified transcripts of copies of recordsmade under subsection (a) of this section have the same force astranscripts of the original records.
    (e) Control of the county recorder's records, including copying,storage, and retrieval is the responsibility of the county recorder.    (f) Control of the county surveyor's records, including copying,storage, and retrieval is the responsibility of the county surveyor.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.231-1989,SEC.13; P.L.276-2001, SEC.8.

IC 36-2-17-6
Destruction of records; meetings; list; replacement; appointmentof commissioner
    Sec. 6. (a) If records belonging to the county or a court of recordin the county are destroyed, the county auditor shall immediatelynotify the county executive, which shall meet at the time and placespecified by the auditor. During the next twelve (12) months, thecounty executive may hold additional meetings concerning thedestroyed records if it finds that such meetings are necessary.
    (b) At the meeting held under subsection (a) of this section, aftera showing that records of the county or a court of record in thecounty have been destroyed, the county executive shall order thecounty auditor to make out and certify a list of all the destroyedrecords that were furnished by the state under a statute or jointresolution. The auditor shall immediately forward this list to thegovernor, who shall immediately give notice of the destruction ofcounty records to the state officer whose duty it is to furnish recordsto the county. That officer shall immediately furnish to the county allrecords on the list, as if the county had never received them.
    (c) At the meeting held under subsection (a) of this section, thecounty executive shall appoint a person as a commissioner if any ofthe records of:
        (1) a court of record in the county;
        (2) a clerk of a court of record in the county; or
        (3) a county officer other than the county recorder;
have been destroyed. After taking an oath of office, thecommissioner has the powers and duties set forth in section 7 of thischapter.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-7
Destruction of records; powers and duties of commissioner;procedures
    Sec. 7. (a) Before performing any of his duties, a commissionerappointed under section 6(c) of this chapter shall give twenty (20)days notice of:
        (1) his appointment;
        (2) the time when he will begin to perform his duties; and
        (3) the place where he will begin to perform his duties;
by publication under IC 5-3-1 and by posting written notices in eachtownship of the county.
    (b) The commissioner may:
        (1) employ a clerk, who shall take an oath of office beforeperforming any of his duties;
        (2) administer oaths when testimony is required to be taken

before him;
        (3) issue subpoenas for and compel the attendance of witnesses;
        (4) cite persons for and issue execution for contempt;
        (5) tax costs; and
        (6) adjourn his proceedings from time to time, but after anadjournment without a day specified for reconvening, he maynot resume his duties without an order of the county executiveauthorizing him to do so.
    (c) A sheriff who delivers the commissioner's writs and subpoenasand witnesses who testify before the commissioner are entitled to thesame fees as are allowed for the same service or attendance in thecircuit court. This compensation shall be taxed against the partybearing costs.
    (d) The commissioner shall obtain record books in which theproceedings held before him shall be fully recorded. Proceedingsconcerning the different courts and different offices of the countyshall be recorded in separate books.
    (e) The commissioner or his clerk may not record proof of theexistence and contents of the following records and documents of aclerk of a court of record:
        (1) Judgments and decrees.
        (2) Writs of execution and returns of writs of execution.
        (3) Recognizances and forfeitures of bonds.
The commissioner or his clerk shall record proof of the existence andcontent of any other record or document that belonged to or was filedor deposited in the office of a clerk of a court of record and has beendestroyed, if that proof is presented to the commissioner by adisinterested witness. However, the commissioner may receive proofof the contents of a will only if the evidence leads him to believe thatneither the original will nor an authenticated copy can be produced.
    (f) The commissioner shall record the complete statement of eachwitness who testifies before him. The commissioner may not includehis own conclusions in the record.
    (g) The commissioner shall sign the record of each day'stestimony that he hears, and shall certify each completed volume ofthe record to be a complete and accurate copy of the testimony takenbefore him. The commissioner shall deliver each completed volumeof the record to the appropriate county office.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-8
Destruction of records; force and effect of records or certifiedcopies; removal of commissioner for neglect; expenses
    Sec. 8. (a) Records compiled by the commissioner, or certifiedcopies of those records, are admissible in any legal proceeding andhave the force that the same testimony would have if it weredelivered orally. Complete or partial copies of a volume of thecommissioner's records may be certified by the commissioner if hehas custody of the volume; otherwise, the county officer havingcustody of the volume may certify copies. Certified copies of the

commissioner's record have the same evidentiary force as thecommissioner's record.
    (b) If the county executive finds that the commissioner isincompetent or that he unreasonably delays or neglects his duties, itmay, by an order on the record, remove him from office and appointa successor. An order of removal is not appealable.
    (c) If more than twelve (12) months have passed since thecommissioner commenced his duties, the county executive may givehim twenty (20) days notice to terminate his proceedings. Aftertwenty (20) days, the duties of his office cease. However, the countyexecutive may subsequently authorize the commissioner to resumehis duties for a limited period of time.
    (d) All expenses of books, stationery, and per diems under thissection and section 7 of this chapter shall be paid by the county.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-9
Destruction of recorder's records; restoration; proof of execution,acknowledgment, or action
    Sec. 9. (a) If all or part of the records of the recorder's office aredestroyed, the recorder shall immediately obtain a book in which heshall restore the destroyed parts of the record. The recorder shall, inthe order in which they are presented, record in this book documentsthat had been recorded but the records of which have been destroyed.The recorder shall also record the recorder's original indorsementshowing the time when each document was originally filed forrecord. This new record has the same force as the original recordwould have had if it had not been destroyed.
    (b) Whenever the recorder acts under subsection (a), he shall alsoobtain another book in which he shall, in the order in which it ispresented, record all proof of the execution, acknowledgment,contents, destruction, and recording of documents that had beenrecorded in his office but the records of which have been destroyed.The recorder shall index this book in the manner in which records ofdeeds are indexed.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-10
Destruction of recorder's records; statement of person havinginterest in preserving evidence of document; witnesses; oaths;witnesses' recollections
    Sec. 10. (a) A person who has an interest in preserving evidenceof a document, the record of which in the recorder's office has beendestroyed, shall make a verified statement before the recorder that:
        (1) he has an interest in preserving evidence of the document;
        (2) the document was previously recorded in the recorder'soffice; and
        (3) he has searched diligently for the original of the documentand has not been able to find it.
After recording the person's statement and requiring him to sign it,

the recorder shall take and record the verified statement of eachwitness who testifies before him. The recorder may be sworn as awitness by a person authorized to administer oaths.
    (b) The recorder shall require each witness testifying under thissection to make a verified statement of his interest in preserving histestimony, and shall include this statement in the record. Therecorder shall require each witness to sign the record of his testimonyand shall add his certificate stating that the witness was duly sworn.
    (c) A recorder shall administer all oaths required by this section.
    (d) Testimony admissible before the recorder under this sectionconsists of witnesses' best recollections of:
        (1) the execution and acknowledgment of the document;
        (2) the date of the document;
        (3) the contents of the document;
        (4) the prior recording of the document in the recorder's office;and
        (5) the time when the document was initially recorded ordeposited for record.
    (e) The recorder shall record the complete statement of eachwitness who testifies before him. The recorder may not include hisown conclusions in the record.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-11
Destruction of recorder's records; force and effect of record;certified copies; fee for recording
    Sec. 11. (a) A party to a legal proceeding may introduce a recordof testimony made under section 10 of this chapter into evidence.Such a record has the same force as oral testimony at the trial by thewitness whose statement makes up the record, and it may beexcluded, rebutted, or impeached in the same manner in which thatoral testimony could be excluded, rebutted, or impeached.
    (b) If the recorder certifies that a copy of a record made undersection 10 of this chapter is a complete copy of all parts of the recordrelevant to a document in issue in a trial, the certified copy isadmissible in evidence in that trial and has the same force as theoriginal record.
    (c) The recorder shall charge half the usual fee for recording adocument under section 9 or 10 of this chapter.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-12
Wills, letters testamentary, or letters of administration destroyed;copies; force and effect of record
    Sec. 12. If the record of a will, letters testamentary, or letters ofadministration is destroyed, and an authenticated copy of the will orletters is presented to the clerk of the proper court, he shall record thecopy as if it was the original and shall note on the record the date onwhich the document was originally recorded. A record made underthis section has the same force as the original record.As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-13
Bond for guardian, administrator, or executor destroyed; newbond; liability of surety on destroyed bond
    Sec. 13. A guardian, administrator, or executor whose officialbond is destroyed in a general destruction of a county's records shallfile a new bond with the proper officer within three (3) months afterthe bond is destroyed. The liability on the new bond commences withits filing in the proper office. Sureties on the destroyed bond are notliable for acts of their principal occurring after the filing of the newbond.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-14
Bond for county officer destroyed; new bond; liability
    Sec. 14. If:
        (1) the official bond of a county officer is destroyed; and
        (2) the county officer receives a written notice of thedestruction of his bond from the officer having custody of thebond;
he shall file a new bond with the proper officer within twenty (20)days after he receives the notice. The liabilities on the new or oldbond are the same as those prescribed by section 13 of this chapteron bonds of guardians, administrators, or executors.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-15
Public documents in custody of county treasurer destroyed; copies;county tax duplicate; liability of persons charged with tax
    Sec. 15. (a) If public documents in the custody of the countytreasurer are destroyed, the officer whose duty it is to furnish thosedocuments shall immediately make new copies of them in the samemanner in which they were originally made and shall deliver thesecopies to the treasurer. A copy made under this section has the sameforce as the original document.
    (b) If a county tax duplicate is destroyed and a copy is suppliedunder this section, persons charged with taxes on that copy are liablefor those taxes unless they:
        (1) produce proper receipts for the taxes; or
        (2) prove to the county treasurer or county executive that thetaxes have been paid.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-16
Assessment rolls and tax duplicates destroyed; new assessmentsand appraisals; proceedings to collect taxes due
    Sec. 16. If the assessment rolls and tax duplicates of a county aredestroyed, the county executive shall cause new assessments andappraisals to be made, in the same manner and under the same

regulations that they were originally made, and shall conduct allproceedings necessary to enable the treasurer to collect all taxes duein the county.
As added by Acts 1980, P.L.212, SEC.1.

IC 36-2-17-17
Electronic storage medium; retrieved information as evidence ofofficial record; data processing system; duties of recorder
    Sec. 17. (a) As used in this section:
    "Book" means a book, register, index, or file that the law requiresa county recorder to maintain.
    "Electronic storage medium" means a magnetic tape, card,diskette, disk, or other medium on which data may be entered andretained and from which data may be retrieved by the operation of anelectronic data processing system.
    "Recorded information" means information in any written matter,such as a record, document, plat, or paper, that the law requires arecorder to enter into a book.
    (b) The county recorder may substitute an electronic storagemedium for any book. For the purposes of admissibility intoevidence, printouts or other types of information retrieved from anelectronic storage medium in written form shall be treated as anofficial record in all courts and administrative agencies.
    (c) When the recorder substitutes an electronic storage mediumfor a book, the recorder shall operate a data processing system thatduring normal business hours allows:
        (1) retrieval of recorded information by reference to the sameidentification number assigned to the written matter that hasbeen recorded, the written matter's date of recording, the nameof affected parties, the legal description of affected realproperty (if any), and any other category of information that thelaw requires the recorder to maintain in a related index or file;and
        (2) reproduction of recorded information in written form.
    (d) The recorder shall enter the identification number assigned bythe recorder to a recorded matter with the related recordedinformation being entered into the electronic storage medium. Therecorder shall verify the correctness of all recorded informationentered into the electronic storage medium and assign security accesscodes to it that will protect it from alteration. An original of recordedmatter may not be returned to the person submitting it beforecertification and security coding occur.
    (e) At intervals determined by the recorder, the recorder shallduplicate the data on an electronic storage medium containingrecorded information and permanently store one (1) copy outside theoffice of the recorder in a secure location that is designated by thecounty executive and under the exclusive custody and control of therecorder. If either copy is lost or damaged, the recorder may use theother copy to perform his duties.
As added by P.L.193-1984, SEC.1.