Indiana Code

Ind. Code § 34-38-4-4 (2026)

Evidence of laws in other jurisdictions; notice to adverse parties

✓ current as of May 2026
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     Sec. 4. Any party may also present to the trial court any admissible evidence of such laws, but, to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken of the evidence, reasonable notice shall be given to the adverse parties, either in the pleadings or otherwise.

[Pre-1998 Recodification Citation: 34-3-2-4.]

As added by P.L.1-1998, SEC.34.

 

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1998–2025 · leading case: Bennett v. Crownlife Ins., 776 N.E.2d 1264 (Ind. Ct. App. 2002).
Bennett v. Crownlife Ins., 776 N.E.2d 1264 (Ind. Ct. App. 2002). · cites it 6× “; see also Ind.Code § 34-38-4-4 (1999). 5 “Providing the trial court *1268 with notice of the foreign law allows the court to consider whether the other state’s or Indiana’s law should apply.”
Sword v. NKC Hospitals, Inc., 714 N.E.2d 142 (Ind. 1999). · cites it 3× “Ind.Code § 34-38-4-4 (1998) (formerly codified at Ind.”
Cathy Rexroad v. Greenwood Motor Lines, Inc. d/b/a R+L Carriers, r&L Carriers Shared Servs., LLC, & Richard C. Maples, Sr., 36 N.E.3d 1181 (Ind. Ct. App. 2015). · cites it 2× “1(B), and its accompanying statute Indiana Code section 34-38-4-4, by failing to provide reasonable notice of their intention to apply the laws of a foreign jurisdiction, ergo they should be precluded from requesting that Illinois law be applied.”
Nationscredit Com. Corp. v. Grauel Enter., Inc., 703 N.E.2d 1072 (Ind. Ct. App. 1998). · cites it 2× “Code § 34-3-2-4 (repealed and recodified at Ind.Code § 34-38-4-4) (when a party offers evidence of the law in another jurisdiction or asks that judicial notice be taken thereof, "reasonable notice shall be given to the adverse parties either in the pleadings or otherwise.”
Richard Shaling v. BIOMET, INC. (Ind. Ct. App. 2025). · cites it 4× “[14] Following a hearing on January 9, 2024, the trial court declined to apply Alabama law to Shaling’s action, concluding that Shaling had not provided sufficient notice under Ind. Code § 34-38-4-4 , the Uniform Judicial Notice of Foreign Law Act (UJNFLA), of his request for…”
Poultry & Indus. Suppliers, Inc. v. Incubacol, S.A.S. (Ind. Ct. App. 2024). · cites it 2× “(quoting Court of Appeals of Indiana | Opinion 23A-CT-2446 | December 23, 2024 Page 12 of 21 I.C. § 34-38-4-4). In the absence of such notice to the adverse party or trial court, the court presumes that the law in the other jurisdiction is substantially the same as the law in…”
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