Indiana Code 30-5-11-4.9. Admissibility of recordings and images
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Sec. 4.9. (a) Subject to the Indiana Rules of Evidence and the Indiana Rules of Trial Procedure:
(2) a video recording, one (1) or more photographic images, or an audio recording captured or made during part or all of the execution of an electronic power of attorney;
(1) a video or audio recording of a principal captured or made either before or after the execution of an electronic power of attorney; or
Terms Used In Indiana Code 30-5-11-4.9
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Probate: Proving a will
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
may be admissible as evidence under this section.
(b) Recordings for images described in subsection (a) may be admissible as evidence of the following:
(1) The proper execution of an electronic power of attorney.
(2) The intentions of the principal.
(3) The mental state or capacity of a principal.
(4) The authenticity of an electronic power of attorney.
(5) Matters that are determined by a court to be relevant to the probate of an electronic power of attorney.
As added by P.L.185-2021, SEC.30.