Indiana Code 34-45-2-10. Assignor or grantor; adverse party
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Sec. 10. (a) In all cases in which:
(2) one (1) of the parties to the suit is incompetent under this chapter to testify against the parties described in subdivision (1);
(1) executors, administrators, heirs, or devisees are parties; and
Terms Used In Indiana Code 34-45-2-10
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Executor: A male person named in a will to carry out the decedent
- Grantor: The person who establishes a trust and places property into it.
- Testify: Answer questions in court.
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.]
As added by P.L.1-1998, SEC.41.