Every judge is skilled, but every trial is dynamic and unique. To ensure a fair process and ruling, the Indiana Supreme Court has adopted Rules of Evidence1 to supplement all of the other bodies of law that apply to a given case. In civil litigation ranging from personal injury to divorce cases, an attorney may make objections to testimony (i.e., a person sworn under oath) or exhibits (i.e., documents).
This blog explores three common objections to testimony and exhibits. With an objection to testimony, a litigant must stop his or her testimony until the trial court rules. If the objection is ... Read More
Tag: objection
24
Jun2015
28
Apr2015
In all forms of litigation, civil and criminal, depositions are a common form of “discovery.” Discovery is the process of obtaining information to prepare for trial. In a deposition, an attorney asks questions with the other attorney asking clarification questions to get an accurate answer. With a deposition, it is easy for a party to under- or over-answer questions.
When this or other improper answer occurs, the attorney will object, but the witness can answer unless his or her attorney instructs him not to do so; an example where a litigant would be instructed not to answer is with assertion of ... Read More
22
Apr2015
Under the United States Constitution, each person has the right to free travel in and between the states. Where the parties have a child in common and custody is in place (whether by paternity or divorce), this right to still applies. However, under the Paternity and Dissolution Acts, the relocating party must do two things:
First, the moving party must provide advance written notice of the intent to relocate 90 days in advance or as soon as possible if the time is shorter. This applies to the custodial and non-custodial parent.
Second, the relocation must be made in good faith and for ... Read More