Indiana Code 13-28-4-4. Burden of proof regarding privilege
Current as of: 2023 | Check for updates
|
Other versions
Sec. 4. (a) A party asserting the privilege described in section 1 of this chapter has the burden of proving that the party may exercise the privilege.
(c) A party seeking disclosure of material in an environmental audit report under section 2(a)(2)(A) of this chapter has the burden of proving that the privilege is being asserted for a fraudulent purpose.
(b) A party asserting the privilege described in section 1 of this chapter has the burden of establishing evidence that the person made appropriate efforts to achieve compliance as described in section 2(b) of this chapter if the evidence indicates that the person was in noncompliance as described in section 2(a)(2)(C) of this chapter.
Terms Used In Indiana Code 13-28-4-4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
[Pre-1996 Recodification Citation: 13-10-3-6.]
As added by P.L.1-1996, SEC.18. Amended by P.L.224-1999, SEC.13.