Section 36-2-17-10 - Destruction of recorder's records; statement of person having interest in preserving evidence of document; witnesses; oaths; witnesses' recollections(a) A person who has an interest in preserving evidence of a document, the record of which in the recorder's office has been destroyed, shall make a verified statement before the recorder that: (1) the person has an interest in preserving evidence of the document;(2) the document was previously recorded in the recorder's office; and(3) the person has searched diligently for the original of the document and has not been able to find it. After recording the person's statement and requiring the person to sign it, the recorder shall take and record the verified statement of each witness who testifies before the recorder. The recorder may be sworn as a witness by a person authorized to administer oaths.
(b) The recorder shall require each witness testifying under this section to make a verified statement of the person's interest in preserving the person's testimony, and shall include this statement in the record. The recorder shall require each witness to sign the record of the person's testimony and shall add the recorder's certificate stating that the witness was duly sworn.(c) A recorder shall administer all oaths required by this section.(d) Testimony admissible before the recorder under this section consists of witnesses' best recollections of: (1) the execution and acknowledgment of the document;(2) the date of the document;(3) the contents of the document;(4) the prior recording of the document in the recorder's office; and(5) the time when the document was initially recorded or deposited for record.(e) The recorder shall record the complete statement of each witness who testifies before the recorder. The recorder may not include the recorder's own conclusions in the record.Pre-Local Government Recodification Citations: 5-15-8-6; 5-15-8-7; 5-15-8-15 part.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.107.