§ 24-1-2-6 — Discovery proceedings; examination of defendant; sanctions for noncompliance

Indiana § 24-1-2-6

• Jurisdiction: Indiana
• Art. 1: COMBINATIONS IN RESTRAINT OF TRADE
• Ch. 2: Combinations Restraining Trade

Text

In all proceedings instituted under and pursuant
to section 5 of this chapter, the plaintiff may propound interrogatories
to the defendant or defendants to be answered by such defendant or
defendants under oath, as is provided by law in civil actions, and if any
defendant to whom interrogatories be propounded as aforesaid be a
corporation, then such interrogatories shall be answered by the highest
officer of such corporation, or by any other officer, agent, or employee
of such corporation designated by the plaintiff. The plaintiff in any
such action shall be entitled upon motion to an order for an
examination under oath before trial of any defendant or all the
defendants in such action, and if any defendant in such action be a
corporation, then of any officer, agent, or employee of any such
defendant corporation, concerning any or all of the facts alleged in the
information or other pleadings in such cause. The said defendant shall
be given five (5) days' notice by the plaintiff of the time and place of
the taking of said examination, but such officer, agent, or employee
shall not be compelled to attend such examination except in the county
where he resides or where the principal office or place of business of
such corporation be situate in this state. If such defendant corporation
be incorporated under the laws of the United States, or of any district
or territory thereof, or of any state other than the state of Indiana, or of
any foreign country, and the officer, agent, or employee to be examined
be without the jurisdiction of this state, then such defendant shall
produce the officer, agent, or employee to be examined as aforesaid at
some place in the city or town where the principal office or place of
business of such defendant be situate, upon five (5) days' notice being
served upon the attorneys of such defendant corporation of the time and
place fixed for the examination of such officer, agent or employee. In
any examination of any defendant or of any officer, agent, or employee
of any defendant corporation, such defendant officer, agent or
employee may be compelled upon notice to produce for inspection by
the plaintiff and to testify concerning the same, or for use in evidence
upon the trial, or both, all books, papers, documents, or writings
pertaining or in any wise relating to the facts, or any of them, stated in
the information or other pleadings filed in the cause. In such notice to
produce for inspection and testimony or for trial, or both, it shall only
be necessary to notify the defendant or the attorney or attorneys of the
defendant to produce, at the time and place fixed in the notice, all
books, papers, documents, or writings pertaining or in any wise relating
to the facts stated in the information or other pleadings filed, and it
shall not be necessary to state in such notice the particular books,
papers, documents, or writings to be produced at such time and place.
Such examinations shall be taken before an officer authorized to take
depositions and may be continued from day to day. Upon the failure or
refusal of any defendant to comply with any order made as aforesaid to
answer interrogatories, or for the examination of the defendant or the
officer, agent, or employee of any defendant corporation, or upon the
failure or refusal of any defendant corporation to produce any officer,
agent, or employee for examination when notified as aforesaid, or upon
the failure or refusal of any defendant to produce books, papers,
documents, and writings when notified as aforesaid, then all pleadings
of such defendant so failing to comply with such order or notice shall
be stricken from the files upon motion supported by affidavit, and the
allegations of the information as to such defendant in default shall be
taken as confessed and judgment and decree shall be entered
accordingly.
Formerly: Acts 1907, c.243, s.6. As amended by P.L.152-1986,
SEC.8.