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.