Question: How are “mortality tables” used in personal injury cases? Answer: Mortality tables are used in the trial court’s final instructions to the jury which allows the jury to conside...
What is “venue” in a civil case?
Question: What is “venue” in a civil case? Answer: The location of the court where the case will be hear. Any case may be venued, commenced and decided in any court in any county, except, ...
Can an attorney strike a prospective juror based solely on their race, ethnicity, or gender?
Further, a number of courts require that the party opposing a peremptory strike of a juror on the basis of similar non-struck jurors must make an explicit side-by-side juror comparison to the trial co...
When should a civil trial judge grant a mistrial?
Question: When should a civil trial judge grant a mistrial?Answer: Only when less severe remedies will not satisfactorily correct an error. A mistrial is an extreme remedy that is warranted only when ...
Are there people in our society that are not required to testify?
Question: Are there people in our society that are not required to testify as to communications with another person? Answer: Yes, but they are limited and may be waived by certain conduct. Under India...
Are photos of injuries always admissible in civil cases?
Question: Are photos of injuries always admissible in civil cases?Answer: Usually yes, but a trial court judge may rule that a photo is inadmissible when it is found to be irrelevant, immaterial and/o...
What is the statute of limitation for a childhood sexual abuse case?
Question: What is the statute of limitation for a childhood sexual abuse case? Answer: There are three (3) different statutes of limitations. Under Indiana’s discovery rule, a cause of action ac...
How does breaking news affect the “Bystander Rule”?
Question: How does breaking news affect the “Bystander Rule”? Answer: The “Bystander Rule” allows recovery for negligent infliction of emotional distress if a claimant can esta...
Can you overturn a default judgment?
Question: Can you overturn a default judgment? Answer: Yes, when there is a showing of excusable neglect and a meritorious defense. When a law suit is filed and a defendant fails to timely answered th...
Jury deliberations relating to the removal of a juror
Question: Can a party invite error during jury deliberations relating to the removal of a juror and then appeal after the verdict does not go their way? Answer: No. At trial, a defendant argued that t...