Indiana Statutes
§ 34-40-1-2 — Prima facie proof of lack of record
Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 40 EVIDENCE: RECORDS OF PUBLIC AGENCIES·Ch. 1 Prima Facie Proof of Lack of Records or Entry in
(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
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Legislative History
As added by P.L.1-1998, SEC.36.
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