Ind. Evidence Rule 103

Effective July 1, 2026

(a) Preserving a Claim of Error.

A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial

right of the party and:

(1) if the ruling admits evidence, a party, on the record:

(A) timely objects or moves to strike; and

(B) states the specific ground, unless it was apparent from the context.

(2) If the ruling excludes evidence, a party informs the court of its substance by an offer of proof,

unless the substance was apparent from the context.

(b) Not Needing to Renew an Objection or Offer of Proof.

Once the court rules definitively on the record—either before trial or at trial—a party need not renew

an objection or offer of proof to preserve a claim of error for appeal. This includes a ruling on a

motion in limine.

(c) Court’s Statement About the Ruling; Directing an Offer of Proof.

The court may make any statement about the character or form of the evidence, the objection

made, and the ruling. The court may direct that an offer of proof be made in question-and-answer

form.

(d) Preventing the Jury from Hearing Inadmissible Evidence.

To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not sug-

gested to the jury by any means.

(e) Taking Notice of Fundamental Error.

A court may take notice of a fundamental error affecting a substantial right, even if the claim of error

was not properly preserved.

(f) Preponderance of Evidence.

When deciding whether to admit evidence, the court must decide any question of fact by a preponderance of the evidence.