Indiana Bar Exam Distinctions

INDIANA BAR EXAM DISTINCTIONS

Indiana administers the Uniform Bar Examination (UBE): two MPT tasks, six MEE essays, and the 200-question MBE, producing a single portable UBE score that transfers among UBE jurisdictions. Because the UBE tests general, multistate law, Indiana essays never call for Indiana statutes — the bar exam itself does not test Indiana-specific law. Even so, every Indiana lawyer must know where Indiana departs from national doctrine. Indiana's signature distinction is its Comparative Fault Act, a 51%-bar comparative-negligence regime that famously carves out claims against governmental defendants, to which the older contributory-negligence rule still applies. Indiana also has notable rules on its own trial rules, evidence code, and recording act. This page collects those genuine Indiana departures — for practice and any state-law follow-up — not because the UBE asks for them.

📘 This page covers only where Indiana law departs from the national MBE/MEE doctrine. For the universal law, see the MBE Subject Outlines and MEE Subject Outlines.

I. EXAM FORMAT AND PASSING SCORE

A. UBE Jurisdiction

IN Rule: Indiana is a UBE jurisdiction. The MBE counts 50%, the MEE 30%, and the MPT 20%, producing a portable score. National: standard UBE structure. Indiana: minimum passing score of 264 (on the 400-point legacy scale), and Indiana accepts transferred UBE scores. Verify the current cut score and any NextGen transition timing with the Indiana Office of Admissions and Continuing Education / Board of Law Examiners.

ESSAY WRITING TIP: Answer all Indiana essays with general multistate law — the UBE never asks for Indiana statutes. The Indiana distinctions below are practice points, not essay answers, unless a question is expressly Indiana-set.

INDIANA BAR TIP: A passing Indiana UBE score is portable, and Indiana will accept incoming UBE scores — confirm the validity window with the Board of Law Examiners before transferring.

II. CIVIL PROCEDURE

A. Indiana Rules of Trial Procedure

IN Rule: Indiana civil procedure is governed by the Indiana Rules of Trial Procedure, which are closely modeled on the Federal Rules — Indiana is a notice-pleading jurisdiction (unlike Illinois's fact pleading), with Rule 12 motions, discovery, and summary judgment tracking federal practice. One genuine departure: on summary judgment, Indiana does not follow the federal Celotex standard. Under Indiana Trial Rule 56, the moving party bears the burden of affirmatively negating the opponent's claim with designated evidence; the movant cannot simply point to an absence of evidence as under federal law. This makes summary judgment harder to obtain in Indiana than in federal court.

B. Statutes of Limitations

IN Rule: Key Indiana periods: personal injury — two years; written contracts — ten years (six years for contracts entered after older provisions; Indiana's general written-contract period is ten years for many instruments, six for certain accounts — apply the standard ten-year written/six-year unwritten framework, confirming the specific instrument); product liability — two years with a ten-year statute of repose; medical malpractice — two years (occurrence-based, with constitutional minor-tolling exceptions). The two-year personal-injury period is shorter than the generic three-year default.

C. Notice of Tort Claims Against Government

IN Rule: Under the Indiana Tort Claims Act, a plaintiff suing a governmental entity must file a notice of tort claim within a strict period (180 days for political subdivisions; 270 days for the State) before suing, or the claim is barred. National practice varies; Indiana's notice-of-claim deadlines are a frequent trap.

ESSAY WRITING TIP: On a generic MEE procedure question, apply the federal/notice-pleading framework, which Indiana mirrors. The Indiana-specific summary-judgment burden (movant must negate the claim) and tort-claim notice deadlines are practice points.

INDIANA BAR TIP: Two Indiana procedure flags: Indiana rejects the federal Celotex summary-judgment standard (movant must affirmatively negate the claim, not just point to a gap), and the Tort Claims Act imposes short notice-of-claim deadlines (180/270 days) for suits against government.

III. EVIDENCE

A. Indiana Rules of Evidence

IN Rule: Indiana has adopted the Indiana Rules of Evidence, modeled on the Federal Rules but with several preserved Indiana doctrines. National: FRE govern. Indiana: notable departures include (1) Indiana's retention of a modified version of the "incompetency of witnesses" and Dead-Man's-type protections; (2) Indiana Evidence Rule 702's reliability standard, which Indiana applies in its own way (Indiana looks to reliability under Rule 702(b) and has not mechanically adopted Daubert, though it considers Daubert factors); and (3) codified privileges (physician-patient, etc.) that the FRE leave to common law. Indiana also has a distinctive rule on the admissibility of evidence of incompetency/age of witnesses and retains specific hearsay treatments.

ESSAY WRITING TIP: Apply the FRE on any MEE evidence question. Reserve Indiana's Rule 702 reliability nuances and codified privileges for Indiana practice.

INDIANA BAR TIP: Indiana evidence largely tracks the FRE — a relatively thin distinction area — so the main flags are the codified privileges and Indiana's own Rule 702 reliability approach rather than a strict Daubert/Frye label.

IV. MARITAL PROPERTY AND FAMILY LAW

A. The "One-Pot" Equitable-Distribution State

IN Rule: Indiana is a common-law marital-property state, not a community-property state, but it uses a distinctive "one-pot" theory: at divorce, ALL property owned by either spouse — whether acquired before or during the marriage, by gift, or by inheritance — goes into the marital pot and is subject to division (Ind. Code § 31-15-7-4). National (most equitable-distribution states): premarital, gifted, and inherited property is "separate" and excluded. Indiana: there is no separate property at divorce; everything is in the pot, and the statute creates a presumption of equal (50/50) division (Ind. Code § 31-15-7-5), rebuttable by evidence that an equal split would be unjust. This one-pot/equal-presumption framework is the signature Indiana family-law distinction.

B. Divorce, Maintenance, and Custody

IN Rule: Indiana is a no-fault state (irretrievable breakdown), with limited fault-type grounds (e.g., felony conviction, impotence, incurable insanity). Indiana sharply limits spousal maintenance — it is available only in narrow circumstances (spousal incapacity, caregiver of an incapacitated child, or limited "rehabilitative" maintenance up to three years), unlike the broader alimony available elsewhere. Custody follows the best-interests standard, and Indiana uses its own Parenting Time Guidelines and child-support guidelines (an income-shares model).

ESSAY WRITING TIP: On an MEE family-law question, apply general equitable-distribution principles unless the question is set in a community-property state. For Indiana specifically, remember the one-pot approach (no separate property) and the rebuttable presumption of equal division — and the narrow availability of maintenance.

INDIANA BAR TIP: Indiana's headline family-law flags: the "one-pot" rule (premarital and inherited property are divisible), the presumption of equal division, and very limited spousal maintenance.

EXAMPLE: A wife inherits $200,000 during the marriage and keeps it in a separate account. In most equitable-distribution states that inheritance is her separate property; in Indiana the inheritance goes into the one pot and is subject to division, though the court may award it to her to rebut the equal-division presumption.

V. WILLS, TRUSTS, AND ESTATES

A. Non-UPC State — The Indiana Probate Code

IN Rule: Indiana has NOT adopted the Uniform Probate Code; it uses the Indiana Probate Code (Ind. Code Title 29). National (UPC states): sliding-scale augmented-estate elective share, harmless error, holographic wills. Indiana: distinct rules below.

B. Execution, Spousal Share, and Intestacy

IN Rule: An Indiana will requires the testator's signature and two witnesses; Indiana does NOT recognize holographic or nuncupative wills (strict-compliance execution). The surviving spouse may take an elective share of one-half of the net estate, reduced to one-third in certain situations — notably, a second/subsequent spouse with no children by the decedent who married a decedent leaving children from a prior marriage takes a reduced share (one-third of personal property and a life estate in only one-third of the real property, rather than fee). Intestate succession (Ind. Code § 29-1-2-1) gives the surviving spouse one-half if there is one child or descendant, and three-fourths (with a life-estate adjustment for childless second spouses) in other configurations. Indiana provides a statutory survivor's allowance ($25,000) for the spouse or minor children.

ESSAY WRITING TIP: If a wills question is set in Indiana (or a non-UPC state), do not apply UPC sliding-scale or harmless-error rules. Apply strict two-witness execution, no holographic wills, and the one-half (or reduced one-third) elective share.

INDIANA BAR TIP: Indiana estates flags: non-UPC Probate Code; no holographic wills; elective share of one-half, but reduced to one-third (with a life-estate limit) for a childless surviving second spouse where the decedent left children from a prior marriage.

VI. REAL PROPERTY

A. Recording Act

IN Rule: Indiana is a race-notice recording jurisdiction (Ind. Code § 32-21-4-1): a subsequent purchaser for value who takes without notice and records first prevails. National: states split among race, notice, and race-notice; Indiana is race-notice.

B. Adverse Possession

IN Rule: Indiana's adverse-possession period is ten years (Ind. Code § 34-11-2-11), and Indiana requires the adverse possessor to have paid the property taxes during the period of possession (Ind. Code § 32-21-7-1; the rule in Fraley v. Minger restated the elements as control, intent, notice, and duration, plus the tax-payment statute). The tax-payment requirement is a key Indiana addition. National default of ten years often has no tax element; Indiana's tax requirement makes claims harder to prove.

C. Foreclosure

IN Rule: Indiana is a judicial-foreclosure state. Mortgages are foreclosed through the courts, and Indiana provides a statutory redemption period and notice procedures, including a settlement-conference process for owner-occupied residences. National: many states allow nonjudicial power-of-sale; Indiana requires judicial foreclosure.

ESSAY WRITING TIP: Apply the recording act stated in the question; for Indiana, race-notice. On adverse possession, remember the tax-payment element — a possessor who never paid the taxes cannot succeed in Indiana even after ten years.

INDIANA BAR TIP: Indiana property flags: race-notice recording, ten-year adverse possession PLUS tax payment, and judicial foreclosure with redemption.

VII. TORTS

A. The Indiana Comparative Fault Act — 51% Bar

IN Rule: Indiana's Comparative Fault Act (Ind. Code § 34-51-2-1 et seq.) applies modified comparative negligence with a 51% bar: a plaintiff whose fault is greater than 50% of the total fault is barred; at 50% or less the plaintiff recovers reduced damages. National: jurisdictions split among pure, 50%, 51%, and contributory regimes. Indiana: 51% bar (plaintiff recovers at exactly 50%, like Illinois).

B. CRITICAL CARVE-OUT — Contributory Negligence for Government Defendants

IN Rule: The Comparative Fault Act does NOT apply to claims against the State of Indiana or its political subdivisions and governmental entities. For those defendants, Indiana retains the harsh common-law CONTRIBUTORY-NEGLIGENCE rule: a plaintiff who is even 1% at fault is completely barred from recovering against a governmental defendant. National: most states apply one negligence regime to all defendants. Indiana: comparative fault for private defendants, but contributory negligence for governmental defendants — a sharp and heavily tested split.

C. Nonparty Defense and Joint Liability

IN Rule: The Comparative Fault Act allows a defendant to assert a nonparty defense — pleading and proving that a person not joined in the suit bears fault — which the factfinder allocates, reducing the plaintiff's recovery accordingly; the defendant must affirmatively plead the nonparty defense. The Act largely operates on a several-liability basis for allocating fault among multiple defendants. National practice on nonparty fault and joint-and-several liability varies; Indiana's nonparty mechanism is distinctive.

D. Damages Caps and Dram Shop

IN Rule: Indiana caps damages in two notable contexts: the Medical Malpractice Act caps total recovery against a qualified health-care provider (a statutory cap, with the Patient's Compensation Fund covering amounts above the provider's portion), and the Tort Claims Act caps recovery against governmental entities (per-person and per-occurrence limits). Indiana has a Dram Shop Act (Ind. Code § 7.1-5-10-15.5) imposing liability on alcohol providers who furnish alcohol to a visibly intoxicated person with actual knowledge of intoxication. National: caps and dram-shop rules vary widely.

ESSAY WRITING TIP: Watch for the government-defendant trigger. If an Indiana-set tort claim is against the State or a city/county, apply contributory negligence (any plaintiff fault bars recovery), not the 51% comparative-fault rule that governs private defendants.

INDIANA BAR TIP: Indiana's most distinctive torts flag: the Comparative Fault Act uses a 51% bar for private defendants but retains CONTRIBUTORY NEGLIGENCE for governmental defendants. Add the Medical Malpractice Act cap with the Patient's Compensation Fund and the Tort Claims Act damages cap.

VIII. CONTRACTS, UCC, AND THE STATUTE OF FRAUDS

A. UCC and Limitations

IN Rule: Indiana has enacted the UCC (Ind. Code Title 26), so sale-of-goods law is uniform. The statute of frauds (Ind. Code § 32-21-1) covers the standard categories. Limitations: written contracts generally ten years (with six years for certain unwritten/account claims), UCC sales four years. National MBE/MEE contract law governs the substance with no meaningful Indiana departures.

ESSAY WRITING TIP: Treat Indiana contract/UCC questions as ordinary MBE problems; the written-contract limitations period is the main local practice point.

INDIANA BAR TIP: No Indiana-specific contract doctrine to memorize beyond limitations periods.

IX. BUSINESS ENTITIES

A. Statutes

IN Rule: Indiana business-entity law rests on the Indiana Business Corporation Law (Ind. Code Title 23, based on the Model Business Corporation Act), the Indiana Business Flexibility Act (LLCs), and uniform partnership statutes. Formation, fiduciary duties, derivative suits, and dissolution track the model acts. National model-act doctrine governs with no major Indiana departures.

ESSAY WRITING TIP: Apply MBCA/uniform-act principles to Indiana business-entity questions; there is no distinctive Indiana corporate doctrine to flag.

INDIANA BAR TIP: A thin section — Indiana follows the model acts; concentrate study on torts (the comparative-fault carve-out), family law (one-pot), and estates instead.

X. PROFESSIONAL RESPONSIBILITY

A. Indiana Rules of Professional Conduct

IN Rule: Indiana has adopted the Indiana Rules of Professional Conduct, closely modeled on the ABA Model Rules, with some Indiana variations (e.g., trust-accounting/IOLTA requirements, advertising provisions, and the Indiana Supreme Court Disciplinary Commission enforcement structure). National/MPRE: tests the ABA Model Rules. Indiana requires the MPRE and applies its own rules in discipline, but substantive differences are modest.

ESSAY WRITING TIP: Study the ABA Model Rules for the MPRE; Indiana's variations are practice details.

INDIANA BAR TIP: Discipline runs through the Indiana Supreme Court Disciplinary Commission, and Indiana imposes its own trust-accounting and registration requirements, but the core ethics rules track the Model Rules.

XI. CRIMINAL LAW AND PROCEDURE

A. The Indiana Criminal Code

IN Rule: Indiana substantive criminal law is codified (Ind. Code Title 35), blending common-law and statutory offenses; Indiana reclassified its felonies into a six-level system (Levels 1–6, plus Murder) in a 2014 sentencing overhaul, replacing the older Class A–D scheme. Indiana retains the death penalty. Indiana follows the federal constitutional floor for search, seizure, and confessions, with the Indiana Constitution (notably Article 1, Section 11) sometimes interpreted under its own "reasonableness" test (Litchfield v. State) rather than the federal Fourth Amendment framework, which can yield different results.

ESSAY WRITING TIP: On the MBE, apply the standard common-law/MPC and federal-constitutional rules. Indiana's felony-level system and its independent Article 1, Section 11 search analysis are practice distinctions, not MBE answers.

INDIANA BAR TIP: Indiana criminal flags: a six-level felony classification (Levels 1–6 + Murder), retention of the death penalty, and an independent state-constitutional "reasonableness" search-and-seizure analysis under Article 1, Section 11.

XII. INDIANA DISTINCTIONS CHECKLIST

1. Exam: UBE jurisdiction (portable score), MBE 50 / MEE 30 / MPT 20, passing score 264 — verify current cut and any NextGen timing.
2. Civil procedure: Indiana Trial Rules mirror federal notice pleading, BUT Indiana rejects the federal Celotex summary-judgment standard (movant must affirmatively negate the claim); Tort Claims Act notice deadlines (180/270 days); PI SOL two years.
3. Evidence: Indiana Rules of Evidence track the FRE; codified privileges; own Rule 702 reliability approach (not strict Daubert/Frye).
4. Marital property: common-law state but "one-pot" theory — ALL property (incl. premarital, gifted, inherited) is divisible, with a presumption of equal (50/50) division; spousal maintenance very limited.
5. Wills/estates: non-UPC Probate Code; two witnesses; no holographic wills; elective share one-half, reduced to one-third (life-estate limit) for childless second spouse where decedent left prior children.
6. Real property: race-notice recording; adverse possession ten years PLUS tax payment; judicial foreclosure with redemption.
7. Torts — FLAG: Comparative Fault Act, 51% bar for private defendants, but CONTRIBUTORY NEGLIGENCE retained for governmental defendants (any plaintiff fault bars recovery); nonparty defense; Medical Malpractice Act cap (Patient's Compensation Fund); Tort Claims Act cap; Dram Shop Act.
8. Contracts/UCC: uniform; written-contract SOL ten years vs. UCC four years.
9. Business entities: model/uniform acts — thin section.
10. Professional responsibility: Indiana RPC (modest variations); Disciplinary Commission enforcement.
11. Criminal law: six-level felony classification (Levels 1–6 + Murder); death penalty retained; independent Article 1, Section 11 search-and-seizure "reasonableness" analysis.