October 1, 2008 – September 30, 2009
RECENT DEVELOPMENTS IN INDIANA EVIDENCE LAW OCTOBER 1, 2008 – SEPTEMBER 30, 2009 PAUL C. SWEENEY* E MMANUEL V.R. BOULUKOS** INTRODUCTION The Indiana Rules of Evidence (“Rules”) went into effect January 1, 1994. Since that time, judicial decisions and statutory amendments have refined these Rules. This Article explains the developments in Indiana evidence law during the period of October 1, 2008 through September 30, 2009.1 The discussion topics track the order of the Rules. I. GENERAL PROVISIONS (RULES 101 – 106) A. General Overview Pursuant to Rule 101(a), the Rules apply to all court proceedings in Indiana except when “otherwise required by the Constitution of the United States or Indiana, by the provisions of this rule, or by other rules promulgated by the Indiana Supreme Court.”2 Common law and statutory law continue to apply to specific issues not covered by the Rules.3 Judge Robert L. Miller, Jr., of the U.S. District Court for the Northern District of Indiana, succinctly summarized the preliminary issues/questions affecting admissibility of evidence as the following: • Is this issue covered by an Evidence Rule? If not (but only if not), is the issue covered by a statute or by pre-Rule case law? • Is this a preliminary issue of fact to be decided by the judge rather than by the fact-finder, and so not governed by the Evidence Rules except those * Of Counsel, Ice Miller LLP. B.A., 1994, Indiana University—Bloomington; J.D., magna cum laude, Indiana University School of Law—Indianapolis. ** Associate, Ice Miller LLP. B.A., 2001, University of Massachusetts—Amherst; M.A., 2003, University of Texas—Austin; J.D., 2008, Indiana University School of Law—Bloomington.
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