Sec. 7. (a) Except as provided in subsection (b), a person who acted as an agent in the making or continuing of a contract with any person who has died, is not a competent witness, in any suit upon or involving the contract, as to matters occurring before the death of the decedent, on behalf of the principal to the contract, against the legal representatives or heirs of the decedent.
(b) If the person is called by the decedent's heirs or legal representatives, the person is a competent witness, as to matters about which the person is interrogated by the heirs or representatives.
[Pre-1998 Recodification Citation: 34-1-14-8 part.]
As added by P.L.1-1998, SEC.41.
Structure Indiana Code
Title 34. Civil Law and Procedure
Chapter 2. Competent and Incompetent Witnesses
34-45-2-0.1. Application of Certain Amendments to Chapter
34-45-2-1. Competent Witnesses Generally
34-45-2-2. Insane Persons Considered Incompetent Witnesses
34-45-2-3. Mentally Incompetent Persons and Guardians
34-45-2-4. Executors or Administrators; Depositions; Evidence Given by Decedent
34-45-2-5. Contract Actions Involving Heirs or Devisees; Competent Witnesses
34-45-2-6. Agent of Decedent; Transactions
34-45-2-7. Agent of Decedent; Contracts
34-45-2-8. Unlawfully Taking or Damaging Personal Property
34-45-2-10. Assignor or Grantor; Adverse Party
34-45-2-11. Executors or Administrators; Contracts Assigned
34-45-2-12. Effect of Lack of Religious Belief; Moral Character