Question: Can A Juror Be Replaced Once Deliberations Have Begun? Answer: Yes, But Only In Extreme Cases. Trial Rule 47 provides: “Alternate jurors … shall replace jurors who, prior to the time the...
Do Attorneys Need To Watch What They Say To Opposing Counsel and their clients?
Question: Do Attorneys Need To Watch What They Say To Opposing Counsel and their clients? Answer: Absolutely, or be subjected to discipline! An attorney sent a letter to opposing counsel for the child...
How do you prove the contents of a prescription drug at trial without getting a “hearsay” objection?
Question: How do you prove the contents of a prescription drug at trial without getting a “hearsay” objection? Answer: Indiana courts allow the submission of the label as a “hearsay” exception...
Can an expert and/or lay witness testify that another witness is or is not telling the truth during the course of a trial?
Question: Can an expert and/or lay witness testify that another witness is or is not telling the truth during the course of a trial? Answer: No, see below. As a general rule, a party may not present a...
What does it mean to “poll” a jury?
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...
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...
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...