IC 34-40 ARTICLE 40. EVIDENCE: RECORDS OF PUBLIC
AGENCIES
IC 34-40-1
Chapter 1. Prima Facie Proof of Lack of Records or Entry in
Records 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 a
party seeks to prove the lack of a record or entry in a record kept in
a 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 of
this state or a political subdivision of this state is admissible for any
purpose as evidence in:
(1) a civil proceeding in any court of this state; or
(2) a hearing or determination before a board, commission, or
officer of this state, or a political subdivision of this state;
a written statement that meets the requirements of subsection (b), is
admissible in evidence as prima facie proof of the lack of record or
entry.
(b) The statement described in subsection (a) must:
(1) be signed by:
(A) an officer or person who has custody of official records
or 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 a
specified tenor is found to exist in the records of the office of
the 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 in
section 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 rules
of evidence, or at common law.
(b) This chapter shall be considered and construed as:
(1) being supplemental to other applicable statutes, the Indiana
rules 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.
IC 34-40 ARTICLE 40. EVIDENCE: RECORDS OF PUBLIC
AGENCIES
IC 34-40-1
Chapter 1. Prima Facie Proof of Lack of Records or Entry in
Records 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 a
party seeks to prove the lack of a record or entry in a record kept in
a 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 of
this state or a political subdivision of this state is admissible for any
purpose as evidence in:
(1) a civil proceeding in any court of this state; or
(2) a hearing or determination before a board, commission, or
officer of this state, or a political subdivision of this state;
a written statement that meets the requirements of subsection (b), is
admissible in evidence as prima facie proof of the lack of record or
entry.
(b) The statement described in subsection (a) must:
(1) be signed by:
(A) an officer or person who has custody of official records
or 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 a
specified tenor is found to exist in the records of the office of
the 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 in
section 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 rules
of evidence, or at common law.
(b) This chapter shall be considered and construed as:
(1) being supplemental to other applicable statutes, the Indiana
rules 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.
IC 34-40 ARTICLE 40. EVIDENCE: RECORDS OF PUBLIC
AGENCIES
IC 34-40-1
Chapter 1. Prima Facie Proof of Lack of Records or Entry in
Records 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 a
party seeks to prove the lack of a record or entry in a record kept in
a 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 of
this state or a political subdivision of this state is admissible for any
purpose as evidence in:
(1) a civil proceeding in any court of this state; or
(2) a hearing or determination before a board, commission, or
officer of this state, or a political subdivision of this state;
a written statement that meets the requirements of subsection (b), is
admissible in evidence as prima facie proof of the lack of record or
entry.
(b) The statement described in subsection (a) must:
(1) be signed by:
(A) an officer or person who has custody of official records
or 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 a
specified tenor is found to exist in the records of the office of
the 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 in
section 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 rules
of evidence, or at common law.
(b) This chapter shall be considered and construed as:
(1) being supplemental to other applicable statutes, the Indiana
rules 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.
