Title 34, CIVIL LAW AND PROCEDURE

Sec. 1. In a case in which a certified copy of a decision of the Indiana supreme court is competent evidence in any court of the state, the decisions of the supreme court: (1) as published in official Indiana reports, as provided by Indiana laws; and (2) when properly identified …

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. [Pre-1998 Recodification Citation: 34-3-17-3.] As added by P.L.1-1…

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 o…

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 rul…

Sec. 1. Admission of a copy of a deed is governed by IC 34-37-1-8. [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.37.

Sec. 2. The circumstances under which seals are required on deeds and other instruments conveying land are governed by IC 34-37-1. [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.37. Amended by P.L.2-2002, SEC.100; P.L.185-2021, SEC.63.

Sec. 3. (a) This section applies to the following documents kept at any land office of the United States located in Indiana or at any office for the sale of canal or Michigan road lands: (1) The register, catalog, tractbook, platbook, and description of lands. (2) Copies of docum…

Sec. 4. Every certificate of purchase at a land office of the United States is evidence of legal title to the land described in the certificate. [Pre-1998 Recodification Citation: 34-1-17-9.] As added by P.L.1-1998, SEC.37.

Sec. 5. (a) The: (1) register of the sales of the Michigan road lands located in the Indiana state archives, Indiana archives and records administration; and (2) certified copies of any entry in the register under the seal of Indiana; are admissible in evidence in all courts and …

Sec. 6. The following documents are admissible in evidence in all courts and places, with the same force and effect as if the original were produced: (1) The record of all: (A) patents; (B) certificates of purchase; and (C) other evidence in writing of the sale of real estate; wh…

Sec. 1. A business may cause any record kept by the business to be recorded, copied, or reproduced by any photographic, photostatic, miniature photographic, or optical imaging process that correctly, accurately, and permanently copies, reproduces, or forms a medium for copying or…

Sec. 2. (a) A photographic, photostatic, miniature photographic, or optical image copy or reproduction is considered an original record for all purposes and shall be treated as an original record in all courts or administrative agencies for the purpose of its admissibility in evi…

Sec. 3. The acts and proceedings of corporations may be proved by a sworn copy of the record of such acts and proceedings. The oath must state that the transcript is a true and full copy of the original, and that the original has remained unaltered from its date, to the best of d…

Sec. 1. (a) The recording of hospital medical records by an electronic image system or reproduction process shall, for the purposes of this chapter, be considered a photographic process. (b) The making or recording of hospital medical records by electronic data processing systems…

Sec. 10. (a) This section applies to a medical record or part of a record that is confidential under 42 U.S.C. 290dd-3, 42 U.S.C. 290ee-3, or the regulations adopted under those statutes. (b) The hospital employee with custody of the original medical records shall: (1) execute a …

Sec. 11. (a) This section applies to a medical record or part of a record concerning treatment for mental illness. (b) The hospital employee with custody of the original medical records shall: (1) execute a verified affidavit: (A) identifying the record or part of a record that c…

Sec. 12. (a) This section applies to a medical record or part of a record that contains information that is confidential under IC 16-41-8-1. (b) The hospital employee with custody of the original medical records shall: (1) execute a verified affidavit: (A) identifying the record …

Sec. 13. The hospital may charge the fee permitted under IC 16-39-9 to cover the costs of reproducing the hospital medical records under section 5 of this chapter. [Pre-1998 Recodification Citation: 34-3-15.5-6(i).] As added by P.L.1-1998, SEC.39.

Sec. 14. (a) Whenever the copies of the hospital medical records are personally delivered, the person receiving the hospital medical records shall give a receipt to the person delivering them. (b) The receipt required by subsection (a) must contain: (1) the name of the hospital t…

Sec. 15. Whenever the copies of the hospital medical records are sent by certified mail, the receipt used by the United States Postal Service is sufficient to prove delivery and receipt of the hospital medical records. [Pre-1998 Recodification Citation: 34-3-15.5-7(b).] As added …

Sec. 16. The party or party's attorney of record shall dispose of copies of hospital medical records obtained under this chapter in a manner that protects the confidentiality of the medical information in the copies. [Pre-1998 Recodification Citation: 34-3-15.5-7(c).] As added by…

Sec. 17. Upon motion by any party to an action or proceeding, or by the person from whom discovery is sought under this chapter, and for good cause shown, the court, hearing officer, or other body conducting the proceeding may make any order that justice requires. [Pre-1998 Recod…

Sec. 2. Entries made in a hospital medical record may be authenticated by showing that: (1) the electronic data processing equipment is standard equipment in the hospital; (2) the entries were made in the regular course of business at or reasonably near to the happening of the ev…

Sec. 3. Hospitals using systems described in this chapter to keep their hospital medical records must do so in such a manner that permits the information to be made readily available, in written or printed form, to authorized persons only. [Pre-1998 Recodification Citation: 34-3-…

Sec. 4. Notwithstanding the hearsay rule, but subject to all other objections, photostatic copies of hospital medical records certified under section 7 of this chapter are admissible into evidence in any civil action or administrative proceeding without testimony from the custodi…

Sec. 5. When a: (1) subpoena coupled with a request under Rule 34 of the Indiana Rules of Trial Procedure; (2) subpoena coupled with a patient's written authorization under IC 34-6-2.1-20(2) (or IC 34-3-15.5-4 before its repeal); or (3) court order; requiring the production of a …

Sec. 6. If the hospital has elected to proceed under section 5 of this chapter, the hospital employee with custody of the original hospital medical records shall, upon receipt of payment for the reproduction of the hospital medical records, promptly deliver, by certified mail or …

Sec. 7. The hospital employee's certification of the hospital medical records under section 5 of this chapter must: (1) be signed by the hospital employee with custody of the hospital medical records; and (2) include: (A) the full name of the patient; (B) the patient's medical re…

Sec. 8. The hospital shall: (1) place the copies of the hospital medical records in an envelope or wrapper; and (2) write or type on the envelope or wrapper: (A) the words "Confidential Medical Records"; (B) the title and number of the action or proceeding; and (C) the name and b…

Sec. 9. If the hospital does not have the hospital medical records or has only a part of the hospital medical records specified in the subpoena, the hospital employee with custody of the original hospital medical records shall: (1) execute an affidavit, either notarized or by aff…

Sec. 0.2. The addition of IC 34-4-36 (before its repeal, now codified in this chapter) by P.L.196-1986 does not apply to civil actions accruing before January 1, 1987. As added by P.L.220-2011, SEC.573.

Sec. 1. The purpose of this chapter is: (1) to enable the trier of fact in a personal injury or wrongful death action to determine the actual amount of the prevailing party's pecuniary loss; and (2) to provide that a prevailing party not recover more than once from all applicable…

Sec. 2. In a personal injury or wrongful death action, the court shall allow the admission into evidence of: (1) proof of collateral source payments other than: (A) payments of life insurance or other death benefits; (B) insurance benefits that the plaintiff or members of the pla…

Sec. 3. Proof of payments under section 2 of this chapter shall be considered by the trier of fact in arriving at the amount of any award and shall be considered by the court in reviewing awards that are alleged to be excessive. [Pre-1998 Recodification Citation: 34-4-36-3.] As a…

Sec. 1. An attachment shall not issue against a witness who has been served a copy only of the summons until the party applying for the attachment or the party's attorney makes an affidavit in the court from which the party is seeking the attachment, stating that the party or the…

Sec. 2. Before testifying, every witness shall be sworn to testify the truth, the whole truth, and nothing but the truth. The mode of administering an oath must be the most consistent with and binding upon the conscience of the person to whom the oath may be administered. [Pre-19…

Sec. 3. Every person who cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons, and who is a party to or a witness in a civil proceeding is entitled to an interpreter to assist t…

Sec. 4. (a) An interpreter assisting a person under section 3 of this chapter may be: (1) retained by the party or witness; or (2) appointed by the court before which the action is pending. (b) If an interpreter is appointed by the court, the fee for the services of the interpret…

Sec. 5. Every interpreter for another person who is either a party or a witness in a court proceeding described in this chapter shall take the following oath: Do you solemnly swear (or affirm) that you will justly, truly, and impartially interpret to _______ the oath about to be …

Sec. 1. This article is not intended to be an exhaustive compilation of all privileged communications recognized in the Indiana Code. In addition to the privileged communications that are recognized in this article, other privileged communications may be recognized in other provi…

Sec. 2. As an aid to the reader, an effort has been made to list other locations in the Indiana Code where privileged communications are recognized. This list provided in IC 34-46-2 does not take the place of traditional legal research. [1998 Recodification Citation: New.] As add…

Sec. 1. (a) Except as provided in subsection (b), (c), and IC 34-47-3-8, IC 34-47-2 and IC 34-47-3 apply to all proceedings for contempt in all courts of record in Indiana except the supreme court. (b) Nothing in IC 34-47-2 and IC 34-47-3 shall be construed or held to embrace, li…

Sec. 1. (a) This section applies whenever: (1) any bond or undertaking is required in connection with any civil action or proceeding brought in any court of Indiana; and (2) in the absence of any provision of law specifying the amount of the bond or undertaking. (b) The judge of …

Sec. 2. (a) This section applies when any bond is required by law to be filed in any civil, criminal, or probate proceedings, whether in a circuit court, superior court, or a city court. (b) The officer with whom the bond is required to be filed may accept a deposit of cash or a …

Sec. 3. Every court and officer authorized to take any bail or surety has authority to examine, on oath, the person offering to become a bail or surety, concerning the person's property, and sufficiency as a bail or surety. [Pre-1998 Recodification Citation: 34-1-63-1.] As added …

Sec. 4. Any person required to give bail may deposit with the clerk the amount of money for which the person is required to give bail, and immediately be discharged from arrest. [Pre-1998 Recodification Citation: 34-1-66-1.] As added by P.L.1-1998, SEC.45.