To lay a proper foundation for the admission of opinion testimony under Evidence Rule 608(a), the proponent must establish that the witness’s opinion is both rationally based on their personal knowledge and would be helpful to the trier of fact.
L. Rush
S.D. v. G.D., No. 23S-PO-89, __N.E.3d __ (Ind., June 26, 2023).
Protective order petitioner has a burden of showing that “domestic or family violence has occurred” and that respondent “represents a credible threat to the safety” of the petitioner or petitioner’s child. Trial courts need only determine whether the petitioner has made the requisite showings by a preponderance of the evidence.
US Automatic Sprinkler Corp. v. Erie Ins. Exchange, No. 22S-CT-264, __ N.E.3d __ (Ind., March 6, 2023).
The absence of contractual privity between the contractor and other commercial tenants precludes them from recovery because the contractor’s allegedly negligent work posed a risk to only property and the commercial tenants suffered only property damage.
In re Civil Commitment of B.N., No. 22S-MH-408, __ N.E.3d __ (Ind., Dec. 16, 2022).
When a party objects to a hearing being held remotely, good cause for proceeding remotely over the objection requires particularized and specific factual support. Mere mention of “the COVID-19 pandemic” was insufficient.
Nat’l Collegiate Athletic Assoc. v. Finnerty, No. 21S-CT-409, __ N.E.3d __ (Ind., July 19, 2022).
A trial court’s order on a repetitive motion or a motion to reconsider is an “other interlocutory order” under App. Rule 14(B).
The Court also creates a legal framework for determining whether good cause exists to limit or prohibit the deposition of a high-ranking official.