Question: What does it mean to “poll” a jury? Answer: After a verdict is returned, either party may request the judge ask each juror to confirm their verdict. Pursuant to Indiana law, after the ju...
In an exposure case, can an expert base their opinion on a mere temporal coincidence of the exposure and the plaintiff’s illness
Question: In an exposure case, can an expert base their opinion on a mere temporal coincidence of the exposure and the plaintiff’s illness? Answer: No, see below. When faced with a proffer of expert...
Does the “Comparative Fault Act” apply to the governmental defendants?
Question: Does the “Comparative Fault Act” apply to the governmental defendants? Answer: No. See below Prior to 1985, Indiana common law recognized a defense of “contributory neglige...
Do certain expert witnesses receive over $1,000.00 an hour for their time spent preparing for testimony and testifying in a case?
Question: Do certain expert witnesses receive over $1,000.00 an hour for their time spent preparing for testimony and testifying in a case? Answer: Yes, but it depends on the expert. See below. Judges...
If an attorney allows for the violation of a motion in limine, can that attorney be subjected to monetary sanctions by the trial court?
Question: If an attorney allows for the violation of a motion in limine, can that attorney be subjected to monetary sanctions by the trial court? Answer: Yes, Indiana trial courts possess the inherent...
Can trial attorneys ask prospective jurors hypothetical questions?
Question: Can trial attorneys ask prospective jurors hypothetical questions? Answer: Yes, see below. A trial judge has discretion to permit voir dire questions formulated to evoke jurors’ attitu...
Can a party plead the 5th Amendment in a civil case and not answer certain questions?
Question: Can a party plead the 5th Amendment in a civil case and not answer certain questions? Answer: Yes, but that party does so at their peril. See below It is a bedrock principle of our criminal ...
When does a trial judge commit error in denying a for-cause challenge to a juror?
Question: When does a trial judge commit error in denying a for-cause challenge to a juror? Answer: If the denial for-cause was illogical or arbitrary. A trial court has discretion to grant or deny ju...
How do courts determine if a police shooting of a suspect violated the suspect’s civil rights?
Question: How do courts determine if a police shooting of a suspect violated the suspect’s civil rights? Answer: Police shootings are judged from the totality of the circumstances. The test to see i...
How does the 14th amendment protect pretrial detainees?
Question: How does the 14th amendment protect pretrial detainees? Answer: Jail officials must not act with deliberate indifference to the needs of the prisoners. The 8th Amendment, applicable to the s...