Introduced Version
HOUSE BILL No. 1051
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-45-2-5.
Synopsis: Deadman's statute. Specifies that the "deadman's statute"
does not: (1) apply in a proceeding to contest the validity of a will or
trust; or (2) bar the introduction of evidence that would be admissible
under a hearsay exception to the evidence rules.
Effective: July 1, 2004.
January 13, 2004, read first time and referred to Committee on Judiciary.
Introduced
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2003 Regular Session of the General Assembly.
HOUSE BILL No. 1051
A BILL FOR AN ACT to amend the Indiana Code concerning civil
law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-45-2-5; (04)IN1051.1.1. -->
SECTION 1. IC 34-45-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) This section
applies to suits by or against heirs or devisees founded on a contract
with or demand against an ancestor:
(1) to obtain title to or possession of property, real or personal, of,
or in right of, the ancestor; or
(2) to affect property described in subdivision (1) in any manner.
(b)
This section does not apply in a proceeding to contest the
validity of a:
(1) will; or
(2) trust.
(c) Except as provided in subsection (d), neither party to a suit
described in subsection (a) is a competent witness as to any matter that
occurred before the death of the ancestor.
(d) A custodian or other qualified witness in a suit described in
subsection (a) may present evidence that is admissible under
Indiana Evidence Rule 803(6).