In re Rehearing

Indiana Court of Appeals

In re Rehearing

170 Ind. App. 658

DecidedOctober 26, 1976

StatusPublished

This text of 170 Ind. App. 658 (In re Rehearing) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Rehearing, 170 Ind. App. 658 (Ind. Ct. App. 1976).

Pincite

Opinion

Lowdermilk, J.

— In his petition for rehearing, plaintiffappellee Walter Robertson contends that defendant-appellant [659]*659Southern Indiana Gas and Electric Company objected to the deposition in question only near the end of the first day of trial, the day after receiving the deposition, and therefore waived any defect in the deposition under Ind. Rules of Procedure, Trial Rule 32 (D) (4).

Assuming arguendo that Robertson’s assertions are correct, they do not dispose of the other defect in the deposition: the failure to submit it to the witness for his examination, as mandated by Ind. Rules of Procedure, Trial Rule 30(E). This requirement can be waived only by the witness cmd the parties. TR. 30(E). The record is devoid of any showing of a waiver by the witness.

The deposition was therefore inadmissible regardless of whether SIEGCO waived the signature requirement.

Rehearing denied.

Robertson, C. J. and Lybrook, J., concur.

Note. — Reported at 355 N.E.2d 881.

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