Sec. 10. (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.]
As added by P.L.1-1998, SEC.41.
Structure Indiana Code
Title 34. Civil Law and Procedure
Chapter 2. Competent and Incompetent Witnesses
34-45-2-0.1. Application of Certain Amendments to Chapter
34-45-2-1. Competent Witnesses Generally
34-45-2-2. Insane Persons Considered Incompetent Witnesses
34-45-2-3. Mentally Incompetent Persons and Guardians
34-45-2-4. Executors or Administrators; Depositions; Evidence Given by Decedent
34-45-2-5. Contract Actions Involving Heirs or Devisees; Competent Witnesses
34-45-2-6. Agent of Decedent; Transactions
34-45-2-7. Agent of Decedent; Contracts
34-45-2-8. Unlawfully Taking or Damaging Personal Property
34-45-2-10. Assignor or Grantor; Adverse Party
34-45-2-11. Executors or Administrators; Contracts Assigned
34-45-2-12. Effect of Lack of Religious Belief; Moral Character