Questioning intended to elicit name of third persons prohibited
Sec. 6. (a) An attorney who appears in a proceeding described in
section 4 of this chapter on behalf of a party to the proceeding who
is asserting misconduct by the adverse party shall not ask of any
witness any question intended or calculated to disclose the name or
identity of any third person charged as corespondent or participant
in the misconduct.
(b) A party or witness testifying on behalf of a party asserting
misconduct by the adverse party shall not name or identify any third
person charged as a corespondent or participant in any such
misconduct.
(c) If the court in the exercise of a sound discretion so orders,
counsel for any party charged with an act of misconduct with a third
person may be permitted to cross-examine a witness who has
testified to the act of misconduct concerning the identity of the third
person. Within limits as the court may prescribe, the witness may
answer the questions asked.
(d) In all testimony in proceedings described in section 4 of this
chapter, designation of the corespondent or other alleged participant
in misconduct by general language not sufficient for identification
operates with the same legal effect as complete identification.
(e) The discretion vested in the court by this section shall be
exercised in a manner to avoid injustice to litigants, while at the
same time avoiding, so far as possible, the public revelation of the
name or identity of the third person. To this end the court may
impound pleadings or other documents in the case and hear
testimony in chambers.
(f) This section shall not be construed to change the grounds for
divorce or impair the substantive rights of parties in cases described
in this section. This section shall be construed to regulate pleading,
practice, and testimony in cases described in this section so as to
eliminate extortion and public scandal.
(g) This section also applies to the taking of testimony by
deposition or commission as to proceedings before the court.
(h) Any willful violation of this section by any attorney, party, or
witness constitutes a direct contempt of the court having jurisdiction
of the proceeding in which the violation occurs, and may be punished
by the court with a fine of not more than five hundred dollars ($500)
as the court considers proper. However, if the adverse party intends
to file a motion under section 5(b) of this chapter to make any
pleading or paper more specific by stating the name, identity, or
other fact descriptive of any corespondent or participant in
misconduct of the adverse party in any action or proceeding
described in section 4 of this chapter, any party who has given notice
of the taking of a deposition shall be notified of this intention in
writing before the time fixed for taking the deposition, and the notice
may be served upon either the party or the party's attorney.
As added by P.L.1-1998, SEC.7.
Last modified: May 24, 2006