§ 34-12-2-6 — Questioning intended to elicit name of third persons prohibited

Indiana § 34-12-2-6

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 12: PROHIBITED CAUSES OF ACTION
• Ch. 2: Certain Domestic Relations Actions

Text

(a) An attorney who appears in a proceeding
described in section 4 of this chapter on behalf of a party to the
proceeding who is asserting misconduct by the adverse party shall not
ask of any witness any question intended or calculated to disclose the
name or identity of any third person charged as corespondent or
participant in the misconduct.
(b) A party or witness testifying on behalf of a party asserting
misconduct by the adverse party shall not name or identify any third
person charged as a corespondent or participant in any such
misconduct.
(c) If the court in the exercise of a sound discretion so orders,
counsel for any party charged with an act of misconduct with a third
person may be permitted to cross-examine a witness who has testified
to the act of misconduct concerning the identity of the third person.
Within limits as the court may prescribe, the witness may answer the
questions asked.
(d) In all testimony in proceedings described in section 4 of this
chapter, designation of the corespondent or other alleged participant in
misconduct by general language not sufficient for identification
operates with the same legal effect as complete identification.
(e) The discretion vested in the court by this section shall be
exercised in a manner to avoid injustice to litigants, while at the same
time avoiding, so far as possible, the public revelation of the name or
identity of the third person. To this end the court may impound
pleadings or other documents in the case and hear testimony in
chambers.
(f) This section shall not be construed to change the grounds for
divorce or impair the substantive rights of parties in cases described in
this section. This section shall be construed to regulate pleading,
practice, and testimony in cases described in this section so as to
eliminate extortion and public scandal.
(g) This section also applies to the taking of testimony by deposition
or commission as to proceedings before the court.
(h) Any willful violation of this section by any attorney, party, or
witness constitutes a direct contempt of the court having jurisdiction of
the proceeding in which the violation occurs, and may be punished by
the court with a fine of not more than five hundred dollars ($500) as the
court considers proper. However, if the adverse party intends to file a
motion under section 5(b) of this chapter to make any pleading or paper
more specific by stating the name, identity, or other fact descriptive of
any corespondent or participant in misconduct of the adverse party in
any action or proceeding described in section 4 of this chapter, any
party who has given notice of the taking of a deposition shall be
notified of this intention in writing before the time fixed for taking the
deposition, and the notice may be served upon either the party or the
party's attorney.
[Pre-1998 Recodification Citation: 34-4-4-5.]

Legislative History

As added by P.L.1-1998, SEC.7.