Ind. Trial Rule 9.2

Effective August 1, 2026

(A) When instrument or copy, or an Affidavit of Debt shall be filed.

When any pleading allowed by these rules is founded on a written instrument, the original, or

a copy thereof, shall be included in or filed with the pleading. Such instrument, whether

copied in the pleadings or not, shall be taken as part of the record. Further,

(1) if the claim:

(a) arises out of a written contract, a copy shall be attached; however, the fact that a

copy of such contract is not in the custody of the plaintiff shall not bar the filing of the

claim; or

(b) is on an account, an Affidavit of Debt, in a form substantially similar to Appendix A-2

shall be attached;

(2) in addition to the requirements set forth above in subsection (1), if the plaintiff is not

the original creditor, and the claim arises from a debt that is primarily for personal, family,

or household purposes, the plaintiff shall provide an Affidavit of Debt that shall have

attached as one or more Exhibits which shall include:

(a) a copy of the contract or other writing evidencing the original debt, which shall contain a signature of the defendant. If a claim is based on credit card or other debt and

no such signed writing evidencing the original debt ever existed, then copies of documents generated when the debt was incurred or the credit card was actually used

shall be attached; and

(b) a chronological listing of the names of all prior owners of the debt and the date of

each transfer of ownership of the debt, beginning with the name of the original creditor; and

(c) a certified or other properly authenticated copy of the bill of sale or other document

that transferred ownership of the debt to the plaintiff.

(d) Subsection (2) does not apply to mortgage foreclosures.

(B) Proof of execution of instruments filed with pleadings.

When a pleading is founded on a written instrument and the instrument or a copy thereof is

included in or filed with the pleading, execution of such instrument, indorsement, or assignment shall be deemed to be established and the instrument, if otherwise admissible, shall be

deemed admitted into evidence in the action without proving its execution unless execution

be denied under oath in the responsive pleading or by an affidavit filed therewith. A denial

asserting that another person who is not a party did execute the instrument, indorsement, or

assignment may be made without such oath or affidavit only if the pleader alleges under

oath or in an accompanying affidavit that after the exercise of reasonable diligence he was

unable to make such person or his representative (subdivision (H)) a party, the reason therefor, and that he is without information as to such execution.

(C) Oath or affidavit of denial of execution must be made upon personal

knowledge.

An oath or affidavit denying execution as required and made under subdivision (B) must be

made upon the personal knowledge of the person making it, and, if general in form (Rule 11

(D)), is deemed to be made upon such personal knowledge.

(D) Burden of proving execution.

The ultimate burden of proving the execution of a written instrument is upon the party claiming its validity, but execution is presumed. “Presumed” means that the trier of fact must find

the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.

(E) Inspection of the original instrument.

When a copy of a written instrument is filed with or copied in the pleadings under the provisions of this rule, the pleader shall permit inspection of the original unless it is alleged that

the original is lost, whether by destruction, theft or otherwise, or unless it is alleged or established that the instrument is in the possession of another person and out of the control of

the pleader or that the duty to allow inspection is otherwise excused. The pleader shall allow

inspection promptly upon request of a party, and inspection may be ordered by the court

upon motion without a hearing at any time. A party failing to comply with such request or

such order shall be subject to the provisions of Rule 37(B). This provision shall not diminish a

party’s rights under Rules 26 through 38.

(F) Effect of non-compliance--Amendments.

Non-compliance with the provisions of this rule requiring a written instrument or an Affidavit

of Debt to be included with the pleading may be raised by the first responsive pleading or

prior motion of a party. The court, in its sound discretion, may order compliance, the reasons

for non-compliance to be added to the pleadings, or allow the action to continue without further pleading. Amendments to correct the omission of a required written instrument, an

assignment or indorsement thereof, the omission of a denial of the execution of a written

instrument as permitted or required by this rule, or an Affidavit of Debt shall be governed by

Rule 15, except as provided by subdivision (A) of this rule.

(G) Exceptions--Infants, incompetents, dead and insolvent persons.

The requirement of this rule that execution of a written instrument be denied under oath or

otherwise, shall not apply against a party who is not required to file a responsive pleading, or

against a party who, at the time the responsive pleading is due or before the pleadings are

closed, is or becomes dead, an infant or adjudicated incompetent or is the representative of

such person or of a person who is dead, an infant, an adjudicated incompetent, or in insolv-

ency proceedings. Such parties shall be deemed to have denied execution or admissibility

without any responsive pleading or denial. The presumption of execution as provided in subdivision (D) of this rule shall not apply to establish execution of a written instrument by a person who, at the time proof is required, is dead, an infant or adjudicated incompetent.

(H) “Execution” of a written instrument.

“Execution” of a written instrument includes the following requirements:

(1) That a signature was made with express, implied or apparent authority and was not

forged;

(2) That the instrument was properly delivered, including any requisite intent that it be

effective;

(3) That the written terms of the instrument have not been materially altered without the

express, implied or apparent authority of the person bound thereon;

(4) That the person seeking its enforcement is in possession of the instrument when

required; and

(5) That the names or identity of the persons named in the instrument are correct.

(I) “Written instrument”: When pleading is founded thereon--When

pleading is not founded thereon term includes documents.

When a pleading is founded upon a written instrument, any written indorsement or assignment of rights thereof upon which the pleader’s title depends is included in the term “written

instrument.”