Expert witnesses subject to same rules as nonexpert witnesses
Sec. 4. The same rules and regulations apply to witnesses
described in section 1 of this chapter as apply to a witness who can
be compelled to appear and testify to knowledge the witness has of
facts relevant to the same issue.
As added by P.L.1-1998, SEC.41.
&DNM.IC 34-57-3
&YENC.
&YAMD.
Chapter 3. Community Dispute Resolution
&DNM.IC 34-57-3-1
&YENC.1998
&YAMD.2004
Applicability of chapter
IC 34-57-3-1 Sec. 1. This chapter applies to the following disputes:
(1) A criminal offense that a prosecuting attorney has referred to
a community dispute resolution center under a diversion program
under IC 33-39-1-8.
(2) A civil action that has been filed and referred by the court to
a dispute resolution program for alternative dispute resolution
under IC 34-57-4 (or IC 34-4-2 before its repeal).
(3) Civil disputes that do not involve an insurance claim, in which
the parties voluntarily submit to community dispute resolution
without filing an action in court.
&HST.As added by P.L.1-1998, SEC.53. Amended by P.L.98-2004,
SEC.138.&EHST.
&DNM.IC 34-57-3-2
&YENC.1998
&YAMD.1998
Centers program; establishment; powers and duties of chief justice;
annual contribution from attorneys
IC 34-57-3-2 Sec. 2. (a) The community dispute resolution centers
program is established.
(b) The chief justice of Indiana shall do the following to the extent
that sufficient funds are available:
(1) Administer and supervise the program.
(2) Select centers to receive funding from applications that are
submitted under this chapter.
(3) Distribute funds for the establishment and continuance of
centers on the basis of need in the community.
(4) Adopt rules that are necessary to carry out the purposes of this
chapter and IC 34-57-4.
(c) The chief justice of Indiana, subject to the approval of the budget
agency, may hire the personnel necessary to administer the program.
(d) The Indiana supreme court may collect an annual voluntary
contribution in the amount of twenty-five dollars ($25) from each
attorney admitted to practice before the Indiana supreme court. The
money collected from the voluntary contributions shall be used for the
program.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-3-3
&YENC.1998
&YAMD.1998
Applications for funding; required information
IC 34-57-3-3 Sec. 3. Applications submitted for funding under this
chapter must include the following information:
(1) The cost of operating each of the proposed centers, including
the proposed compensation of employees.
(2) A description of the proposed area of service and the number
of participants expected to be served.
(3) A description of available dispute resolution services and
facilities within the proposed geographical area.
(4) A description of the applicant's proposed services, including
a description of the following:
(A) Support of civic groups, social service agencies, and
criminal justice agencies to accept and make referrals.
(B) The present availability of resources.
(C) The applicant's administrative capacity.
(5) Additional information required by the chief justice of
Indiana.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-3-4
&YENC.1998
&YAMD.1998
Eligibility of centers for funds; requirements
IC 34-57-3-4 Sec. 4. To be eligible for funds under this chapter, a
center must do the following:
(1) Comply with this chapter and the rules adopted by the chief
justice of Indiana.
(2) Provide neutral mediators who have received training in
conflict resolution techniques as specified under rules adopted by
the chief justice of Indiana.
(3) Provide dispute resolution without cost to a participant who is
indigent and at nominal or no cost to other participants.
(4) Provide dispute resolution services to the community for
parties who participate on a voluntary basis.
(5) Ensure that any arbitration services offered by the center are
in compliance with IC 34-57-2.
(6) At the conclusion of the dispute resolution process do the
following, if an agreement is reached:
(A) Provide a written agreement or decision setting forth the
settlement of the issues and future responsibilities of each
participant.
(B) If the matter was referred by the court for dispute
resolution after a cause was filed, provide a written agreement
or decision to the court that made the referral.
(C) If the matter was referred by a prosecuting attorney for
dispute resolution, provide a written agreement or decision to
the prosecuting attorney that made the referral.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-3-5
&YENC.1998
&YAMD.1998
Operation of center receiving funds; requisites
IC 34-57-3-5 Sec. 5. Each center that receives funds under this
chapter must:
(1) be operated by a grant recipient;
(2) be operated under a contract with the chief justice of Indiana;
and
(3) comply with this chapter.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-3-6
&YENC.1998
&YAMD.1998
Allocation of funds to centers for services provided
IC 34-57-3-6 Sec. 6. (a) Funds available for the purposes of this
chapter may be allocated for services provided by eligible centers.
(b) A center in existence before July 1, 1992, may apply for funds
available under this chapter.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-3-7
&YENC.1998
&YAMD.1998
Administration of funds
IC 34-57-3-7 Sec. 7. The chief justice of Indiana may accept, apply
for, and disburse public or private funds for the purposes of this
chapter.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-3-8
&YENC.1998
&YAMD.1998
Acceptance of public or private funds by grant recipient; audit;
facilities
IC 34-57-3-8 Sec. 8. (a) A grant recipient may accept funds from
public or private sources for the services provided by the grant
recipient.
(b) The state board of accounts, the chief justice of Indiana, or an
authorized representative of the state board of accounts or the chief
justice of Indiana may inspect, examine, and audit the fiscal affairs of
local programs or centers.
(c) Centers must, whenever reasonably possible, make use of public
facilities free or at nominal cost.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-3-9
&YENC.1998
&YAMD.1998
Center not a state agency
IC 34-57-3-9 Sec. 9. A center operated under this chapter is not a
state agency or an instrumentality of the state. Employees and
volunteers of a center are not employees of the state.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-3-10
&YENC.1998
&YAMD.1998
Applicability of IC 34-57-2
IC 34-57-3-10 Sec. 10. IC 34-57-2 applies to arbitration conducted
under this chapter.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-3-11
&YENC.1998
&YAMD.1998
Subpoena or discovery powers or admissible evidence in proceedings;
limitations
IC 34-57-3-11 Sec. 11. (a) Except as provided in subsection (c), the
following are not subject to subpoena or discovery or admissible in
evidence in any judicial or administrative proceeding:
(1) All work product of a mediator.
(2) Any communication relating to the subject matter of the
dispute made during the resolution process by a participant,
mediator, or other person present at the dispute resolution.
(b) A mediator or a staff member of a center may not be compelled
to testify in a judicial or an administrative proceeding with respect to
a dispute that has been referred to a center for dispute resolution.
(c) Subsection (a) does not apply to a written agreement or decision
provided to the participants, the court, or a prosecuting attorney under
section 4(6) of this chapter (or IC 34-4-2.5-9(b) before its repeal).
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-3-12
&YENC.1998
&YAMD.1998
Reporting by center to chief justice
IC 34-57-3-12 Sec. 12. A center that receives funds under the
program must annually provide the chief justice of Indiana with
statistical data and other information that the chief justice of Indiana
requires.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-3-13
&YENC.1998
&YAMD.2004
Annual report to governor and general assembly
IC 34-57-3-13 Sec. 13. The chief justice of Indiana shall prepare
and submit an annual report to the governor and the general assembly
that evaluates and makes recommendations concerning the operation
and success of the centers funded under this chapter. A report
submitted under this section to the general assembly must be in an
electronic format under IC 5-14-6.
&HST.As added by P.L.1-1998, SEC.53. Amended by P.L.28-2004,
SEC.175.&EHST.
&DNM.IC 34-57-3-14
&YENC.1998
&YAMD.1998
Trial de novo; filing of motion with referring court
IC 34-57-3-14 Sec. 14. Section 1(2) of this chapter does not prohibit
a person who has been referred by the court to a dispute resolution
program from filing a motion with the referring court for a trial de
novo.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-3-15
&YENC.1998
&YAMD.1998
Statute of limitations; applicability
IC 34-57-3-15 Sec. 15. (a) This section applies to a dispute
described in section 1(3) of this chapter.
(b) Except as provided under subsection (c), the running of a statute
of limitation ceases to run after the time:
(1) arbitration is initiated under IC 34-57-2-2 (or IC 34-4-2-2
before its repeal); or
(2) the parties sign an agreement to mediate.
(c) The statute of limitation resumes running after the earlier of the
following:
(1) The date the parties enter into a written agreement under
section 4(6) of this chapter (or IC 34-4-2.5-9(6) before its repeal).
(2) Six (6) months after the date that the statute of limitation was
suspended under subsection (b) (or IC 34-4-2.5-20(b) before its
repeal).
&HST.As added by P.L.1-1998, SEC.53.&EHST.
Last modified: May 24, 2006