Indiana Rules of Evidence


Rules of Evidence are a set of evidence rules that authorize how to collect, present and apply evidence for each case.  Indiana Rules of Evidence govern proceedings in the courts of Indiana.  These rules govern proceedings in the courts of this State.

These rules apply in all proceedings in the courts of the State of Indiana except as otherwise required by the Constitution of the United States or Indiana, by the provisions of this rule, or by other rules promulgated by the Indiana Supreme Court.  If these rules do not cover a specific evidence issue, common or statutory law shall apply.

The rules and laws with respect to privileges apply at all stages of all actions, cases, and proceedings.  However, rules, other than those with respect to privileges, do not apply in the following situations:

  • During determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104(a).
  • Miscellaneous proceedings relating to extradition, sentencing, probation, or parole; issuance of criminal summonses, or of warrants for arrest or search, preliminary juvenile matters, direct contempt, bail hearings, small claims, and grand jury proceedings.

Table of Contents of Indiana Rules of Evidence

ARTICLE I 1|7

EFFECTIVE JANUARY 1, 1994, AS AMENDED 6

Rule 101. Scope.

Rule 102. Purpose and construction.

Rule 103. Rulings on evidence.

Rule 104. Preliminary questions.

Rule 105. Limited admissibility.

Rule 106. Remainder of or related writing or recorded statements.

ARTICLE II 1|2

EFFECTIVE JANUARY 1, 1994, AS AMENDED 1

Rule 201. Judicial notice.

ARTICLE III 1|2

EFFECTIVE JANUARY 1, 1994, AS AMENDED 1

Rule 301. Presumptions in civil actions and proceedings.

ARTICLE IV 1|14

EFFECTIVE JANUARY 1, 1994, AS AMENDED 13

Rule 401. Definition of “relevant evidence”.

Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible.

Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or undue delay.

Rule 404. Character evidence not admissible to prove conduct; exceptions; other crimes.

Rule 405. Methods of proving character.

Rule 406. Habit; routine practice.

Rule 407. Subsequent remedial measures.

Rule 408. Compromise and offers to compromise.

Rule 409. Payment of medical and similar expenses.

Rule 410. Withdrawn pleas and offers.

Rule 411. Liability insurance.

Rule 412. Evidence of past sexual conduct.

Rule 413. Medical expenses.

ARTICLE V 1|2

EFFECTIVE JANUARY 1, 1994, AS AMENDED 1

Rule 501. Privileges.

ARTICLE VI 1|17

EFFECTIVE JANUARY 1, 1994, AS AMENDED 16

Rule 601. General rule of competency.

Rule 602. Lack of personal knowledge.

Rule 603. Oath or affirmation.

Rule 604. Interpreters.

Rule 605. Competency of judge as witness.

Rule 606. Competency of juror as witness.

Rule 607. Who may impeach.

Rule 608. Evidence of character and conduct of witness.

Rule 609. Impeachment by evidence of conviction of crime.

Rule 610. Religious beliefs or opinions.

Rule 611. Mode and order of interrogations and presentations.

Rule 612. Writing or object used to refresh memory.

Rule 613. Prior statements of witnesses.

Rule 614. Calling and interrogation of witnesses by court and jury.

Rule 615. Separation of witnesses.

Rule 616. Bias of witness.

ARTICLE VII 1|6

EFFECTIVE JANUARY 1, 1994, AS AMENDED 5

Rule 701. Opinion testimony by lay witnesses.

Rule 702. Testimony by experts.

Rule 703. Bases of opinion testimony by experts.

Rule 704. Opinion on ultimate issue.

Rule 705. Disclosure of facts or data underlying expert opinion.

ARTICLE VIII 1|7

EFFECTIVE JANUARY 1, 1994, AS AMENDED 6

Rule 801. Definitions.

Rule 802. Hearsay rule.

Rule 803. Hearsay exceptions: availability of declarant immaterial.

Rule 804. Hearsay exceptions: declarant unavailable.

Rule 805. Hearsay within hearsay.

Rule 806. Attacking and supporting credibility of declarant.

ARTICLE IX 1|4

EFFECTIVE JANUARY 1, 1994, AS AMENDED 3

Rule 901. Requirement of authentication or identification.

Rule 902. Self-authentication.

Rule 903. Subscribing witness’ testimony unnecessary.

ARTICLE X 1|9

EFFECTIVE JANUARY 1, 1994, AS AMENDED 8

Rule 1001. Definitions.

Rule 1002. Requirement of original.

Rule 1003. Admissibility of duplicates.

Rule 1004. Admissibility of other evidence of contents.

Rule 1005. Public records.

Rule 1006. Summaries.

Rule 1007. Testimony or written admissions of party.

Rule 1008. Functions of court and jury.

ARTICLE XI 1|2

EFFECTIVE JANUARY 1, 1994, AS AMENDED 1

Rule 1101. Evidence rules review committee.

Indiana Rules of Evidence