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 of
permanent ink; violation
Sec. 2. (a) The county auditor, county treasurer, county surveyor,
county sheriff, and county superintendent of schools shall keep in
their offices all records that they are required to make and shall
deliver them to their successors.
(b) The clerk of the circuit court, county auditor, and county
recorder shall use permanent jet-black, nonfading ink when preparing
official records in longhand. A person who violates this subsection
commits 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 documents
may record them by a photographic process if:
(1) the process is adopted by the county executive; and
(2) the necessary photographic equipment and supplies are
furnished for that purpose by the county executive.
(b) Photostatic recording of documents has the same force as
recording of documents by handwriting, typewriter, or handwriting
on 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; original
and duplicate copies; index
Sec. 4. (a) A county officer may record documents by miniature
photographic process or microfilm process if:
(1) the installation of the process is approved by the county
executive; and
(2) the process provides for an original and a duplicate film
copy of each document that the officer is required to record.
The officer shall index and file the original copy in a suitable
container in the office where the document is recorded, in such a
manner that it is easily accessible and readable by an interested
person. The officer shall preserve the duplicate copy in a fireproof
vault, either in the courthouse where the office is located or in a
place 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 under
this section, an officer acting under this section shall:
(1) record the document on the index page of the photographic
or microfilm record containing the prior record; or
(2) index and cross-reference the marginal entry or notation and
record it on a separate page attached to or filed with and made
a part of the prior record.
(c) An officer recording a document under this section has
exclusive control over the film and records in his office, and he may
not return an original document to the person presenting it for record
until 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 charge
of the records to copy them in suitable books procured by him for
that purpose. The executive shall specify in its order the particular
records 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 to
preserve them from damage; and
(3) the proper holder of the original documents on which the
records were based presents those documents to the officer in
charge of the records;
the officer in charge of the records shall use the original documents
to 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, county
recorder, or county surveyor is so worn or defaced that it is not fit for
use, the auditor, recorder, or surveyor shall make an accurate copy of
the legible part of the map or plat. If a part of the map or plat is
illegible, the auditor or recorder shall resort to the most accurate
sources to complete the copy.
(d) Copies of records made under this section have the same force
as the original records. Certified transcripts of copies of records
made under subsection (a) of this section have the same force as
transcripts 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; appointment
of commissioner
Sec. 6. (a) If records belonging to the county or a court of record
in the county are destroyed, the county auditor shall immediately
notify the county executive, which shall meet at the time and place
specified by the auditor. During the next twelve (12) months, the
county executive may hold additional meetings concerning the
destroyed records if it finds that such meetings are necessary.
(b) At the meeting held under subsection (a) of this section, after
a showing that records of the county or a court of record in the
county have been destroyed, the county executive shall order the
county auditor to make out and certify a list of all the destroyed
records that were furnished by the state under a statute or joint
resolution. The auditor shall immediately forward this list to the
governor, who shall immediately give notice of the destruction of
county records to the state officer whose duty it is to furnish records
to the county. That officer shall immediately furnish to the county all
records on the list, as if the county had never received them.
(c) At the meeting held under subsection (a) of this section, the
county executive shall appoint a person as a commissioner if any of
the 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, the
commissioner has the powers and duties set forth in section 7 of this
chapter.
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 commissioner
appointed 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 each
township of the county.
(b) The commissioner may:
(1) employ a clerk, who shall take an oath of office before
performing 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 an
adjournment without a day specified for reconvening, he may
not resume his duties without an order of the county executive
authorizing him to do so.
(c) A sheriff who delivers the commissioner's writs and subpoenas
and witnesses who testify before the commissioner are entitled to the
same fees as are allowed for the same service or attendance in the
circuit court. This compensation shall be taxed against the party
bearing costs.
(d) The commissioner shall obtain record books in which the
proceedings held before him shall be fully recorded. Proceedings
concerning the different courts and different offices of the county
shall be recorded in separate books.
(e) The commissioner or his clerk may not record proof of the
existence and contents of the following records and documents of a
clerk 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 and
content of any other record or document that belonged to or was filed
or deposited in the office of a clerk of a court of record and has been
destroyed, if that proof is presented to the commissioner by a
disinterested witness. However, the commissioner may receive proof
of the contents of a will only if the evidence leads him to believe that
neither the original will nor an authenticated copy can be produced.
(f) The commissioner shall record the complete statement of each
witness who testifies before him. The commissioner may not include
his own conclusions in the record.
(g) The commissioner shall sign the record of each day's
testimony that he hears, and shall certify each completed volume of
the record to be a complete and accurate copy of the testimony taken
before him. The commissioner shall deliver each completed volume
of 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 certified
copies; removal of commissioner for neglect; expenses
Sec. 8. (a) Records compiled by the commissioner, or certified
copies of those records, are admissible in any legal proceeding and
have the force that the same testimony would have if it were
delivered orally. Complete or partial copies of a volume of the
commissioner's records may be certified by the commissioner if he
has custody of the volume; otherwise, the county officer having
custody of the volume may certify copies. Certified copies of the
commissioner's record have the same evidentiary force as the
commissioner's record.
(b) If the county executive finds that the commissioner is
incompetent or that he unreasonably delays or neglects his duties, it
may, by an order on the record, remove him from office and appoint
a successor. An order of removal is not appealable.
(c) If more than twelve (12) months have passed since the
commissioner commenced his duties, the county executive may give
him twenty (20) days notice to terminate his proceedings. After
twenty (20) days, the duties of his office cease. However, the county
executive may subsequently authorize the commissioner to resume
his duties for a limited period of time.
(d) All expenses of books, stationery, and per diems under this
section 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 are
destroyed, the recorder shall immediately obtain a book in which he
shall restore the destroyed parts of the record. The recorder shall, in
the order in which they are presented, record in this book documents
that had been recorded but the records of which have been destroyed.
The recorder shall also record the recorder's original indorsement
showing the time when each document was originally filed for
record. This new record has the same force as the original record
would have had if it had not been destroyed.
(b) Whenever the recorder acts under subsection (a), he shall also
obtain another book in which he shall, in the order in which it is
presented, record all proof of the execution, acknowledgment,
contents, destruction, and recording of documents that had been
recorded in his office but the records of which have been destroyed.
The recorder shall index this book in the manner in which records of
deeds 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 having
interest in preserving evidence of document; witnesses; oaths;
witnesses' recollections
Sec. 10. (a) A person who has an interest in preserving evidence
of a document, the record of which in the recorder's office has been
destroyed, 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's
office; and
(3) he has searched diligently for the original of the document
and 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 each
witness who testifies before him. The recorder may be sworn as a
witness by a person authorized to administer oaths.
(b) The recorder shall require each witness testifying under this
section to make a verified statement of his interest in preserving his
testimony, and shall include this statement in the record. The
recorder shall require each witness to sign the record of his testimony
and 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 section
consists 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 or
deposited for record.
(e) The recorder shall record the complete statement of each
witness who testifies before him. The recorder may not include his
own 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 record
of testimony made under section 10 of this chapter into evidence.
Such a record has the same force as oral testimony at the trial by the
witness whose statement makes up the record, and it may be
excluded, rebutted, or impeached in the same manner in which that
oral testimony could be excluded, rebutted, or impeached.
(b) If the recorder certifies that a copy of a record made under
section 10 of this chapter is a complete copy of all parts of the record
relevant to a document in issue in a trial, the certified copy is
admissible in evidence in that trial and has the same force as the
original record.
(c) The recorder shall charge half the usual fee for recording a
document 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 of
administration is destroyed, and an authenticated copy of the will or
letters is presented to the clerk of the proper court, he shall record the
copy as if it was the original and shall note on the record the date on
which the document was originally recorded. A record made under
this 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; new
bond; liability of surety on destroyed bond
Sec. 13. A guardian, administrator, or executor whose official
bond is destroyed in a general destruction of a county's records shall
file a new bond with the proper officer within three (3) months after
the bond is destroyed. The liability on the new bond commences with
its filing in the proper office. Sureties on the destroyed bond are not
liable for acts of their principal occurring after the filing of the new
bond.
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 the
destruction of his bond from the officer having custody of the
bond;
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 old
bond are the same as those prescribed by section 13 of this chapter
on 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 county
treasurer are destroyed, the officer whose duty it is to furnish those
documents shall immediately make new copies of them in the same
manner in which they were originally made and shall deliver these
copies to the treasurer. A copy made under this section has the same
force as the original document.
(b) If a county tax duplicate is destroyed and a copy is supplied
under this section, persons charged with taxes on that copy are liable
for those taxes unless they:
(1) produce proper receipts for the taxes; or
(2) prove to the county treasurer or county executive that the
taxes 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 assessments
and appraisals; proceedings to collect taxes due
Sec. 16. If the assessment rolls and tax duplicates of a county are
destroyed, the county executive shall cause new assessments and
appraisals to be made, in the same manner and under the same
regulations that they were originally made, and shall conduct all
proceedings necessary to enable the treasurer to collect all taxes due
in the county.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-17-17
Electronic storage medium; retrieved information as evidence of
official 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 requires
a county recorder to maintain.
"Electronic storage medium" means a magnetic tape, card,
diskette, disk, or other medium on which data may be entered and
retained and from which data may be retrieved by the operation of an
electronic data processing system.
"Recorded information" means information in any written matter,
such as a record, document, plat, or paper, that the law requires a
recorder to enter into a book.
(b) The county recorder may substitute an electronic storage
medium for any book. For the purposes of admissibility into
evidence, printouts or other types of information retrieved from an
electronic storage medium in written form shall be treated as an
official record in all courts and administrative agencies.
(c) When the recorder substitutes an electronic storage medium
for a book, the recorder shall operate a data processing system that
during normal business hours allows:
(1) retrieval of recorded information by reference to the same
identification number assigned to the written matter that has
been recorded, the written matter's date of recording, the name
of affected parties, the legal description of affected real
property (if any), and any other category of information that the
law 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 by
the recorder to a recorded matter with the related recorded
information being entered into the electronic storage medium. The
recorder shall verify the correctness of all recorded information
entered into the electronic storage medium and assign security access
codes to it that will protect it from alteration. An original of recorded
matter may not be returned to the person submitting it before
certification and security coding occur.
(e) At intervals determined by the recorder, the recorder shall
duplicate the data on an electronic storage medium containing
recorded information and permanently store one (1) copy outside the
office of the recorder in a secure location that is designated by the
county executive and under the exclusive custody and control of the
recorder. If either copy is lost or damaged, the recorder may use the
other copy to perform his duties.
As added by P.L.193-1984, SEC.1.