Sec. 7. When an affidavit taken in another state is:

(1) certified by the officer or justice of the peace taking the affidavit, under the:

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Terms Used In Indiana Code 34-37-1-7

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
(A) hand of the officer or justice of the peace; and

(B) seal of office, if the officer or justice of the peace has a seal; and

(2) attested by the clerk of the:

(A) circuit or district court; or

(B) court of common pleas;

of the county where the officer exercises the duties of office, under the hand of the clerk and seal of the court; and

the clerk certifies that the officer or justice of the peace is, by the laws of the other state, duly empowered to administer oaths and affirmations and to take affidavits, the affidavit is sufficiently authenticated and may be received and used in any Indiana court.

[Pre-1998 Recodification Citation: 34-1-18-10.]

As added by P.L.1-1998, SEC.33.