Legal Question in Family Law in Indiana

Witness not sworn in?

Just got done with a custody case (I'm the mother). Opposing Counsel's expert witness was not sworn in (they forgot). Can I move to throw out his testimony based on the fact that he wasn't sworn in? Should I bring it to the Court's attention? Would I have grounds for appeal because of this? Is this witnesses testimony valid without having been sworn in (he lied on the stand several times)? What should I do?


Asked on 4/19/08, 11:33 pm

1 Answer from Attorneys

Re: Witness not sworn in?

That is a violation of Rule 603 and depending on the situation may be grounds for a Trial Rule 59 and/or 60 motion to correct errors or set aside the order.

Read more
Answered on 4/19/08, 11:54 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana