Prima facie proof of lack of record
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
officer of this state, or a political subdivision of this state;
a written statement that meets the requirements of subsection (b), is
admissible in evidence as prima facie proof of the lack of record or
entry.
(b) The statement described in subsection (a) must:
(1) be signed by:
(A) an officer or person who has custody of official records
or books; or
(B) a deputy of the officer or person described in clause (A);
(2) state that, after diligent search no record or entry of a
specified tenor is found to exist in the records of the office of
the officer or person described in subdivision (1)(A); and
(3) include the seal of the office, if there is a seal.
As added by P.L.1-1998, SEC.36.
Last modified: May 24, 2006