Short note on tendering exhibit logs for trial ex parte

Earlier this week, the Indiana Supreme Court  ruled on several issues in the case of Inman v. State. While this was a criminal matter, there was one section directed toward the practice of tendering exhibit logs ex parte which could be applied to civil trial practice as well. 

Despite the fact that the exhibit log was provided to the trial court for convenience and administrative purposes, we suggest the better practice going forward would be for trial courts to refuse to accept exhibits when tendered ex parte, unless the opposing party has been given notice and an opportunity to be heard on the matter.

So, be it a criminal or civil trial, the next time you consider tendering an exhibit log without notice to the other side beforehand (or at the last minute), the opposing side may have a valid objection to prevent the Court from viewing it.

Inman v. State, No. 49S00-1207-LW-000376, __ N.E.2d __ (Ind., Feb. 11, 2014)..


About Matt Anderson

I am civil trial attorney in South Bend, Indiana and have practiced on both sides of insurance and personal injury law in Illinois and Indiana for the better part of ten years. I created this blog as a way for other Indiana civil litigation and trial attorneys to get meaningful updates on cases ad issues that affect their practice. (I'll admit that there is some self-interest involved since it's also a handy way to summarize and file my own research.)

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