Indiana § 34-45-2-10 Assignor or grantor; adverse party

Indiana Statutes

§ 34-45-2-10 — Assignor or grantor; adverse party

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 45 WITNESSES·Ch. 2 Competent and Incompetent Witnesses

(a)In all cases in which:

(1)executors, administrators, heirs, or devisees are parties; and

(2)one (1) of the parties to the suit is incompetent under this chapter to testify against the parties described in subdivision (1); the assignor or grantor of a party making the assignment or grant voluntarily shall be considered a party adverse to the executor or administrator, heir, or devisee.

(b)However, in all cases referred to in sections 4 through 9 of this chapter, any party to the suit has the right to call and examine any adverse party as a witness.

(c)The court may require any party to a suit or other person to testify. Any abuse of the court's discretion under this subsection is reviewable on appeal. [Pre-1998 Recodification Citation: 34-1-14-10.]

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(a) In all cases in which:
(1) executors, administrators, heirs, or devisees are parties; and
(2) one (1) of the parties to the suit is incompetent under this
chapter to testify against the parties described in subdivision (1);
the assignor or grantor of a party making the assignment or grant
voluntarily shall be considered a party adverse to the executor or
administrator, heir, or devisee.
(b) However, in all cases referred to in sections 4 through 9 of this
chapter, any party to the suit has the right to call and examine any
adverse party as a witness.
(c) The court may require any party to a suit or other person to
testify. Any abuse of the court's discretion under this subsection is
reviewable on appeal.
[Pre-1998 Recodification Citation: 34-1-14-10.]

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