CHAPTER 3. DEPOSITIONS

IC 33-41-3

    

Chapter 3. Depositions

IC 33-41-3-1

Applicability of chapter

    

Sec. 1. This chapter does not apply to contracts for court reporting
services for any of the following:

        (1) A court.

        (2) An agency or instrumentality of a state or political
subdivision.

        (3) An agency or instrumentality of the government of the
United States.

As added by P.L.98-2004, SEC.20.

IC 33-41-3-2

Employee defined

    

Sec. 2. As used in this chapter, "employee" includes the
following:

        (1) A person who provides reporting or other court services
under a contractual relationship with a person interested in the
outcome of litigation, including anyone that may be ultimately
responsible for payment.

        (2) A person who is employed to provide reporting or other
court services part time or full time under a contract or
otherwise by a person that has a contractual relationship with a
party.

As added by P.L.98-2004, SEC.20.

IC 33-41-3-3

Depositions for use in court proceedings

    

Sec. 3. A deposition to be used in a proceeding in a circuit,
superior, probate, county, city, or town court, the court of appeals, or
the supreme court must be taken before an individual who:

        (1) is described in section 4 of this chapter; and

        (2) does not have a prohibited interest or relationship described
in section 5 of this chapter.

As added by P.L.98-2004, SEC.20.

IC 33-41-3-4

Before whom depositions must be taken

    

Sec. 4. A deposition must be taken before:

        (1) a hearing officer;

        (2) a judge, a clerk, a commissioner, or an official reporter of a
court;

        (3) a notary public; or

        (4) another individual authorized by law to take a deposition.

As added by P.L.98-2004, SEC.20.

IC 33-41-3-5

Persons who may not take depositions

    

Sec. 5. (a) Subsection (b)(4) does not apply to a relative or
employee of the attorney of one (1) of the parties to a proceeding.

    (b) A deposition may not be taken by a person who is:

        (1) a party to the proceeding;

        (2) a relative, an employee, or an attorney of one (1) of the
parties to the proceeding;

        (3) someone with a financial interest in the proceeding or its
outcome; or

        (4) a relative, an employee, or an attorney of a person with a
financial interest in the proceeding or its outcome.

As added by P.L.98-2004, SEC.20.

IC 33-41-3-6

Void depositions

    

Sec. 6. A deposition that is not taken in conformity with section
3 of this chapter is void.

As added by P.L.98-2004, SEC.20.

IC 33-41-3-7

Transcription of depositions

    

Sec. 7. A person, when reducing a deposition to writing, shall
transcribe a page unit of the deposition in the same form as the form
required for a record of proceedings under Indiana Rule of Appellate
Procedure 7.2.

As added by P.L.98-2004, SEC.20.