Sec. 5. (a) Subsection (b)(4) does not apply to a relative or employee of the attorney of one (1) of the parties to a proceeding.

     (b) A deposition may not be taken by a person who is:

Terms Used In Indiana Code 33-41-3-5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • employee: includes the following:

    Indiana Code 33-41-3-2

(1) a party to the proceeding;

(2) a relative, an employee, or an attorney of one (1) of the parties to the proceeding;

(3) someone with a financial interest in the proceeding or its outcome; or

(4) a relative, an employee, or an attorney of a person with a financial interest in the proceeding or its outcome.

[Pre-2004 Recodification Citation: 33-15-27-5.]

As added by P.L.98-2004, SEC.20.