CHAPTER 1. DOCUMENTARY EVIDENCE IN GENERAL
IC 34-37
ARTICLE 37. EVIDENCE: DOCUMENTARY AND
OTHER WRITTEN EVIDENCE IN GENERAL
IC 34-37-1
Chapter 1. Documentary Evidence in General
IC 34-37-1-1
Sealed and unsealed writings; conveyances; compromise or
settlement
Sec. 1. (a) There is no difference in evidence between sealed and
unsealed writings. Every writing that is not sealed has the same force
and effect that it would have if sealed.
(b) A writing under seal, except conveyances of real estate or any
interest in real estate, may be changed or altogether discharged by a
writing not under seal.
(c) An agreement in writing, without a seal, for the compromise
or settlement of a debt, is as obligatory as if a seal were affixed.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-2
Execution of instrument; seal
Sec. 2. The execution of an instrument is the subscribing and
delivering of the instrument with or without affixing a seal.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-3
Recitals in instrument; seal
Sec. 3. Recitals in any written instrument have no greater effect
than they have had in writings not under seal.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-4
Seal to deed; savings clause
Sec. 4. Sections 1, 2, and 3 of this chapter do not repeal or affect
any Indiana statute expressly requiring a seal to a deed or other
instrument.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-5
Notary public; certificates or instruments
Sec. 5. Certificates or instruments, either printed or written,
purporting to be:
(1) the official act of a notary public of this state, of the District
of Columbia, or of any other state or territory of the United
States; and
(2) under the seal and signature of a notary public;
shall be received as presumptive evidence of the official character of
the instrument and of the facts set forth in the instrument.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-6
Notice; affidavit; presumptive evidence
Sec. 6. The original affidavit and copy of a notice published in a
newspaper, which are filed under IC 34-32-1-3 (or IC 34-1-18-8
before its repeal), and copies of the affidavit and notice, duly
certified by the clerk, are presumptive evidence in all cases and
before every court of the facts contained in the affidavit.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-7
Affidavits; foreign states; authenticated
Sec. 7. When an affidavit taken in another state is:
(1) certified by the officer or justice of the peace taking the
affidavit, under the:
(A) hand of the officer or justice of the peace; and
(B) seal of office, if the officer or justice of the peace has a
seal; and
(2) attested by the clerk of the:
(A) circuit or district court; or
(B) court of common pleas;
of the county where the officer exercises the duties of office,
under the hand of the clerk and seal of the court; and
the clerk certifies that the officer or justice of the peace is, by the
laws of the other state, duly empowered to administer oaths and
affirmations and to take affidavits, the affidavit is sufficiently
authenticated and may be received and used in any Indiana court.
As added by P.L.1-1998, SEC.33.
IC 34-37-1-8
Copies of records; deeds; office books; official bonds
Sec. 8. Exemplifications or copies of records, records of deeds,
other instruments, office books, parts of office books, and official
bonds that are kept in any public office in Indiana shall be proved or
admitted as legal evidence in any court or office in Indiana:
(1) by the attestation of the custodian of the records, books,
deeds, other instruments, or official bonds that the copies are
true and complete copies of the records, bonds, instruments,
books, bonds, or parts of the records, books, deeds, other
instruments, or official bonds in the custodian's custody; and
(2) by:
(A) the annexation by the custodian of the seal of office of
the custodian if there is a seal; or,
(B) if there is no official seal, by the attachment to the
attestation described in subdivision (1) of the certificate of
the clerk and the seal of the circuit or superior court of the
proper county where the custodian resides, that the
attestation is made by the proper officer.
As added by P.L.1-1998, SEC.33.