Indiana Code
Ind. Code § 34-45-4-1 (2025)
Impeachment by evidence of bad character
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 1. (a) Except as provided in subsections (b) and (c), the party producing a witness shall not be allowed to impeach the credibility of the witness by evidence of bad character.
(b) The party producing a witness may impeach the credibility of the witness by evidence of bad character if:
(1) it was indispensable that the party produce the witness; or
(2) it is a case of manifest surprise.
(c) In all cases, the party producing the witness may contradict the witness:
(1) by other evidence; and
(2) by showing that the witness has made statements different from the present testimony of the witness.
[Pre-1998 Recodification Citation: 34-1-14-15.]
As added by P.L.1-1998, SEC.41.
Notes of Decisions
Cited in 4
cases, 2006–2020 · leading case: Southtown Props., Inc. v. City of Fort Wayne ex rel. Dep't of Redevelopment, 840 N.E.2d 393 (Ind. Ct. App. 2006).
Southtown Props., Inc. v. City of Fort Wayne ex rel. Dep't of Redevelopment, 840 N.E.2d 393 (Ind. Ct. App. 2006). “" Ind. Code § 34-45-4-1 (c); see also Ind. Evidence Rule 607.”
J.J. v. State, 858 N.E.2d 244 (Ind. Ct. App. 2006). “" However, Indiana Code section 34-45-4-1 provides that except in certain cireumstances, "the party producing a witness shall not be allowed to impeach the credibility of the witness by evidence of bad character.”
JJ v. State, 858 N.E.2d 244 (Ind. Ct. App. 2006). “" However, Indiana Code section 34-45-4-1 provides that except in certain circumstances, "the party producing a witness shall not be allowed to impeach the credibility of the witness by evidence of bad character.”
Mary Eve Kassen Moriarty v. Catherine C. Moriarty, 150 N.E.3d 616 (Ind. Ct. App. 2020). “Initially, we note that any 5 Eve argues that she was called as a witness “only to impugn her character and attempt to impeach her credibility without foundation” and that this was improper pursuant to Indiana Code Section 34-45-4-1 and Slayton v. State, 481 N.”
Ind. Code § 34-45-4-1(a): 2 cases
J.J. v. State, 858 N.E.2d 244 (Ind. Ct. App. 2006). “" However, Indiana Code section 34-45-4-1 provides that except in certain cireumstances, "the party producing a witness shall not be allowed to impeach the credibility of the witness by evidence of bad character.”
JJ v. State, 858 N.E.2d 244 (Ind. Ct. App. 2006). “" However, Indiana Code section 34-45-4-1 provides that except in certain circumstances, "the party producing a witness shall not be allowed to impeach the credibility of the witness by evidence of bad character.”
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