§ 34-40-1-2 — Prima facie proof of lack of record

Indiana § 34-40-1-2

• Jurisdiction: 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

Text

(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.
[Pre-1998 Recodification Citation: 34-3-17-1.]

Legislative History

As added by P.L.1-1998, SEC.36.