Sec. 8. If the defendant in a case:

(1) is charged with unlawfully taking or detaining personal property or having done damage to personal property; and

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Terms Used In Indiana Code 34-45-2-8

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Executor: A male person named in a will to carry out the decedent
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Personal property: All property that is not real property.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Testify: Answer questions in court.
(2) defends the charge in the defendant’s pleading by asserting that the defendant is the executor, administrator, guardian, or heir, and, as such, has taken or detained the property or has done the acts charged;

a person is not competent to testify who would not be competent if the defendant were the complainant. However, when the person complaining cannot testify, the defendant shall also be excluded.

[Pre-1998 Recodification Citation: 34-1-14-8 part.]

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