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

Indiana § 34-45-2-10

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

Text

(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.]

Legislative History

As added by P.L.1-1998, SEC.41.