Sec. 9. (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act is:

(1) performed within the territory of the Indian tribe; and

Terms Used In Indiana Code 33-42-9-9

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) performed by:

(A) a notary public of the Indian tribe;

(B) a judge, clerk, or deputy clerk of the Indian tribe; or

(C) any other individual authorized by the laws of the Indian tribe to perform the notarial act.

     (b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence of the fact that:

(1) the signature is genuine; and

(2) the individual holds the designated title.

     (c) The signature and title of a notarial officer described in subsection (a)(1) or (a)(2) conclusively establish the authority of the notarial officer to perform the notarial act.

As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.49.

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