In re Rehearing
In re Rehearing
Opinion of the Court
— In his petition for rehearing, plaintiffappellee Walter Robertson contends that defendant-appellant
Assuming arguendo that Robertson’s assertions are correct, they do not dispose of the other defect in the deposition: the failure to submit it to the witness for his examination, as mandated by Ind. Rules of Procedure, Trial Rule 30(E). This requirement can be waived only by the witness cmd the parties. TR. 30(E). The record is devoid of any showing of a waiver by the witness.
The deposition was therefore inadmissible regardless of whether SIEGCO waived the signature requirement.
Rehearing denied.
Note. — Reported at 355 N.E.2d 881.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.