Evansville, IN asked in Criminal Law, Real Estate Law and Civil Litigation for Indiana

Q: I'm representing myself and the opposing attorney does not inform me of depositions. How can I report this in Indiana?

Because I have become disabled during the course of my legal case, I now must represent myself. The opposing counsel does not inform me of when they are taking depositions which precludes me from asking any questions of the person being deposed, which seems to violate IN Rule 30 B, 1 of IN trial rules. I am told I must follow these rules but opposing counsel only sometimes follows these rules. Who can I report this to?

1 Lawyer Answer

A: First and foremost, you should consult an Indiana attorney to determine what the procedure is under Indiana procedural laws.

Commonly, if a deposition is taken without notice to another party, the party who did not receive notice can file a motion to suppress the deposition so that its contents cannot be used as evidence in the pending court proceeding.

If you wish to question someone who has been deposed without notice to you, you most likely can serve a deposition notice on the other parties and subpoena that person as a witness to be deposed by you.

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