Sec. 4. (a) This section applies to suits or proceedings:
(1) in which an executor or administrator is a party;
(2) involving matters that occurred during the lifetime of the
decedent; and
(3) where a judgment or allowance may be made or rendered for
or against the estate represented by the executor or administrator.
(b) This section does not apply in a proceeding to contest the
validity of a will or a proceeding to contest the validity of a trust.
(c) This section does not apply to a custodian or other qualified
witness to the extent the witness seeks to introduce evidence that is
otherwise admissible under Indiana Rule of Evidence 803(6).
(d) Except as provided in subsection (e), a person:
(1) who is a necessary party to the issue or record; and
(2) whose interest is adverse to the estate;
is not a competent witness as to matters against the estate.
(e) In cases where:
(1) a deposition of the decedent was taken; or
(2) the decedent has previously testified as to the matter;
and the decedent's testimony or deposition can be used as evidence for
the executor or administrator, the adverse party is a competent witness
as to any matters embraced in the deposition or testimony.
[Pre-1998 Recodification Citation: 34-1-14-6.]
As added by P.L.1-1998, SEC.41. Amended by P.L.252-2001,
SEC.37.
Notes of Decisions
In Re Est. of Lambert, 785 N.E.2d 1129 (Ind. Ct. App. 2003).
· cites it 12× “At the hearing, Personal Representative Southard raised the issue that the evidence and testimony that the Lamberts intended to offer were inadmissible under Indiana Code § 34-45-2-4, known as the Indiana Dead Man's Statute.”
In Re the Guardianship of Knepper, 856 N.E.2d 150 (Ind. Ct. App. 2006).
· cites it 6× “…and Wagoner's testimony at trial. The judgment of the trial court is affirmed. VAIDIK, J., and CRONE, J., concur. 1 . Ind.Code § 34-45-2-4.”
Bedree v. Bedree, 747 N.E.2d 1192 (Ind. Ct. App. 2001).
· cites it 5× “Ind.Code § 34-45-2-4. (a) This section applies to suits by or against heirs or devisees founded on a contract with or demand against an ancestor: , (1) to obtain title to or possession of property, real or personal, of, or in right of, the ancestor; or (2) to affect property…”
Matter of the Est. of Harry L. Rickert, 934 N.E.2d 726 (Ind. 2010).
· cites it 6× “At the trial the Estate successfully invoked the Dead Man Statute, Indiana Code section 34-45-2-4, to exclude any testimony from Taylor.”
J.M. Corp. v. Roberson, 749 N.E.2d 567 (Ind. Ct. App. 2001).
· cites it 6× “Indiana Code § 34-45-2-4 provides as follows: (a) This section applies to suits or proceedings: (1) in which an executor or administrator is a party; (2) involving matters that occurred during the lifetime of the decedent; and (3) where a judgment or allowance may be made or…”
Gast v. Hall, 858 N.E.2d 154 (Ind. Ct. App. 2006).
· cites it 4× “[3] See Ind. Code §§ 34-45-2-4 & 5. On April 6, 2004, the trial court held a hearing on Hall's motion for summary judgment and his motion to strike Plaintiffs' designated evidence.”
Carlson v. Warren, 878 N.E.2d 844 (Ind. Ct. App. 2007).
· cites it 4× “We find that, by designating deposition testimony in support of their motion for summary judgment that relates to the deed transfer at issue in this case, Carlson and Alderson waived the applicability of Indiana Code § 34-45-2-4 (“Dead Man’s Statute”).”
Gabriel v. Gabriel, 947 N.E.2d 1001 (Ind. Ct. App. 2011).
· cites it 6× “Ind.Code § 34-45-2-4. 2 . We heard oral argument on April 11, 2011, in Indianapolis.”
Morfin v. Est. of Martinez, 831 N.E.2d 791 (Ind. Ct. App. 2005).
· cites it 2× “Ind.Code § 34-45-2-4. Case law has listed five requirements for finding a witness to be incompetent under the Dead Man's Statute: (1) the action must be one in which an administrator or executor is a party, or one of the parties is acting in the capacity of an administrator or…”
In Re Est. of Meyer, 747 N.E.2d 1159 (Ind. Ct. App. 2001).
· cites it 2× “On cross-appeal, the Burkes contend that the trial court erred in striking Scot's affidavit pursuant to the Dead Man's Statute, see Ind. Code § 34-45-2-4 (1998). They do not dispute thal Scot was a "necessary party .”
— Ind. Code § 34-45-2-4(a)(1) — 1 case
In Re the Guardianship of Knepper, 856 N.E.2d 150 (Ind. Ct. App. 2006).
“…and Wagoner's testimony at trial. The judgment of the trial court is affirmed. VAIDIK, J., and CRONE, J., concur. 1 . Ind.Code § 34-45-2-4.”
— Ind. Code § 34-45-2-4(c) — 1 case
J.M. Corp. v. Roberson, 749 N.E.2d 567 (Ind. Ct. App. 2001).
“Indiana Code § 34-45-2-4 provides as follows: (a) This section applies to suits or proceedings: (1) in which an executor or administrator is a party; (2) involving matters that occurred during the lifetime of the decedent; and (3) where a judgment or allowance may be made or…”
— Ind. Code § 34-45-2-4(d) — 4 cases
Matter of the Est. of Harry L. Rickert, 934 N.E.2d 726 (Ind. 2010).
“At the trial the Estate successfully invoked the Dead Man Statute, Indiana Code section 34-45-2-4, to exclude any testimony from Taylor.”
— Ind. Code § 34-45-2-4(d)(2) — 1 case
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