Second Regular Session 114th General Assembly (2006)
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HOUSE ENROLLED ACT No. 1112
AN ACT to amend the Indiana Code concerning civil procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-43.5; (06)HE1112.1.1. -->
SECTION 1. IC 34-43.5 IS ADDED TO THE INDIANA CODE AS
ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
ARTICLE 43.5. EVIDENCE: SPECIFIC COMMUNICATIONS
Chapter 1. Communications of Sympathy
Sec. 1. This chapter does not apply to a criminal proceeding.
Sec. 2. This chapter applies to a cause of action in tort, including
a medical malpractice action under IC 34-18-8.
Sec. 3. As used in this section "communication of sympathy"
means a statement, a gesture, an act, conduct, or a writing that
(2) an apology; or
(3) a general sense of benevolence.
Sec. 4. Except as provided in section 5 of this chapter, a court
may not admit into evidence a communication of sympathy that
relates to causing or contributing to:
(1) a loss;
(2) an injury;
(5) a death; or
(6) damage to property.
Sec. 5. A court may admit a statement of fault into evidence,
including a statement of fault that is part of a communication of
sympathy, if otherwise admissible under the Indiana Rules of
HEA 1112 _ Concur
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