2012 Indiana Code
TITLE 34. CIVIL LAW AND PROCEDURE
ARTICLE 43.5. EVIDENCE: SPECIFIC COMMUNICATIONS
CHAPTER 1. COMMUNICATIONS OF SYMPATHY

IC 34-43.5
ARTICLE 43.5. EVIDENCE: SPECIFIC COMMUNICATIONS

IC 34-43.5-1
Chapter 1. Communications of Sympathy

IC 34-43.5-1-1
Exception
Sec. 1. This chapter does not apply to a criminal proceeding.
As added by P.L.76-2006, SEC.1.

IC 34-43.5-1-2
Application
Sec. 2. This chapter applies to a cause of action in tort, including a medical malpractice action under IC 34-18-8.
As added by P.L.76-2006, SEC.1.

IC 34-43.5-1-3
"Communications of sympathy"
Sec. 3. As used in this section "communication of sympathy" means a statement, a gesture, an act, conduct, or a writing that expresses:
(1) sympathy;
(2) an apology; or
(3) a general sense of benevolence.
As added by P.L.76-2006, SEC.1.

IC 34-43.5-1-4
Prohibited admission of communications of sympathy
Sec. 4. Except as provided in section 5 of this chapter, a court may not admit into evidence a communication of sympathy that relates to causing or contributing to:
(1) a loss;
(2) an injury;
(3) pain;
(4) suffering;
(5) a death; or
(6) damage to property.
As added by P.L.76-2006, SEC.1.

IC 34-43.5-1-5
Admission of statements of fault, including communications of sympathy
Sec. 5. A court may admit a statement of fault into evidence, including a statement of fault that is part of a communication of sympathy, if otherwise admissible under the Indiana Rules of Evidence.
As added by P.L.76-2006, SEC.1.

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