2014 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 37. EVIDENCE: DOCUMENTARY AND OTHER WRITTEN EVIDENCE IN GENERAL CHAPTER 4. OFFICIAL FINDING OF DEATH, MISSING PERSON, OR OTHER STATUS ISSUED BY UNITED STATES OFFICERS
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IC 34-37-4
Chapter 4. Official Finding of Death, Missing Person, or Other
Status Issued by United States Officers
IC 34-37-4-1
Written finding of presumed death; evidentiary status
Sec. 1. A written finding of presumed death made by an officer or
employee of the United States authorized to make such finding under:
(1) the federal Missing Persons Act (50 U.S.C. App. 1001-17),
before its repeal September 6, 1966;
(2) 5 U.S.C. 5565 to 5567; or
(3) 37 U.S.C. 555 to 557;
or a duly certified copy of such finding, shall be received in any
court, office, or other place in Indiana as evidence of the death of the
person found to be dead, and the date, circumstances and place of the
person's disappearance.
As added by P.L.1-1998, SEC.33.
IC 34-37-4-2
Official reports of capture or missing in action; evidence
Sec. 2. An official written report or record, or a duly certified copy
of a record or report:
(1) that states that a person is:
(A) missing;
(B) missing in action;
(C) interned in a neutral country;
(D) beleaguered, besieged, or captured by an enemy;
(E) dead; or
(F) alive; and
(2) that is made by any officer or employee of the United States
authorized by the statute referred to in section 1 of this chapter
or by any other law of the United States to make such a report
or record;
shall be received in any court, office, or other place in Indiana as
evidence that the person is missing, missing in action, interned in a
neutral country, beleaguered, besieged, or captured by an enemy,
dead, or alive.
As added by P.L.1-1998, SEC.33.
IC 34-37-4-3
Authority of employee or officer furnishing report
Sec. 3. For the purposes of sections 1 and 2 of this chapter, the
following apply:
(1) Any finding, report, or record, or duly certified copy of a
report or record, purporting to have been signed by an officer or
employee of the United States described in section 1 or 2 of this
chapter, shall prima facie be considered to have been signed and
issued by the officer or employee pursuant to law.
(2) The person signing the finding, report, or record shall prima
facie be considered to have acted within the scope of the
person's authority.
(3) If a copy purports to have been certified by a person
authorized by law to certify the copy, the certified copy shall be
prima facie evidence of the person's authority to certify.
As added by P.L.1-1998, SEC.33.
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