CHAPTER 4. COMMUNICATION AND COOPERATION BETWEEN COURTS
IC 31-21-4
Chapter 4. Communication and Cooperation Between Courts
IC 31-21-4-1
Court communication with a court in another state
Sec. 1. An Indiana court may communicate with a court in another
state concerning a proceeding arising under this article.
As added by P.L.138-2007, SEC.45.
IC 31-21-4-2
Party communication
Sec. 2. The court may allow the parties to participate in the
communication. If the parties are not able to participate in the
communication, the parties must be given the opportunity to present
facts and legal arguments before a decision on jurisdiction is made.
As added by P.L.138-2007, SEC.45.
IC 31-21-4-3
Communication between courts
Sec. 3. Communication between courts regarding:
(1) schedules;
(2) calendars;
(3) court records; and
(4) similar matters;
may occur without informing the parties. A record need not be made
of the communication.
As added by P.L.138-2007, SEC.45.
IC 31-21-4-4
Record of communication
Sec. 4. A record must be made of a communication under sections
1 and 2 of this chapter. The parties must be:
(1) promptly informed of the communication; and
(2) granted access to the record.
As added by P.L.138-2007, SEC.45.
IC 31-21-4-5
Testimony of a witness located in another state
Sec. 5. In addition to other procedures available to a party, a party
to a child custody proceeding may offer testimony of witnesses who
are located in another state, including testimony of the parties and the
child, by deposition or other means allowable in Indiana for
testimony taken in another state. The court on its own motion may:
(1) order that the testimony of a person be taken in another
state; and
(2) prescribe the manner in which and the terms on which the
testimony is taken.
As added by P.L.138-2007, SEC.45.
IC 31-21-4-6
Depositions or testimony of a person residing in another state
Sec. 6. An Indiana court may permit a person residing in another
state to be deposed or to testify by:
(1) telephone;
(2) audiovisual means; or
(3) other electronic means;
before a designated court or another location in that state. An Indiana
court shall cooperate with courts in other states in designating an
appropriate location for the deposition or testimony.
As added by P.L.138-2007, SEC.45.
IC 31-21-4-7
Documentary evidence from another state
Sec. 7. Documentary evidence transmitted from another state to
an Indiana court by technological means that do not produce an
original writing may not be excluded from evidence on an objection
based on the means of transmission.
As added by P.L.138-2007, SEC.45.
IC 31-21-4-8
Request by an Indiana court to a court in another state
Sec. 8. An Indiana court may request the appropriate court of
another state to do the following:
(1) Hold an evidentiary hearing.
(2) Order a person to produce or give evidence under the
procedures of the other state.
(3) Order that an evaluation be made with respect to the custody
of a child involved in a pending proceeding.
(4) Forward to the Indiana court:
(A) a certified copy of the transcript of the record of the
hearing;
(B) the evidence otherwise presented; and
(C) an evaluation prepared in compliance with the request.
(5) Order:
(A) a party to a child custody proceeding; or
(B) any person having physical custody of the child;
to appear in the proceeding with or without the child.
As added by P.L.138-2007, SEC.45.
IC 31-21-4-9
Request by a court in another state to an Indiana court
Sec. 9. On the request of a court of another state, an Indiana court
may:
(1) hold a hearing; and
(2) enter an order described in section 8 of this chapter.
As added by P.L.138-2007, SEC.45.
IC 31-21-4-10
Travel and reasonable expenses
Sec. 10. Travel and other necessary and reasonable expenses
incurred under sections 8 and 9 of this chapter may be assessed
against the parties according to Indiana law.
As added by P.L.138-2007, SEC.45.
IC 31-21-4-11
Preservation of court records
Sec. 11. An Indiana court shall preserve the:
(1) pleadings;
(2) orders;
(3) decrees;
(4) records of hearings;
(5) evaluations; and
(6) other pertinent records;
with respect to a child custody proceeding until the child becomes
eighteen (18) years of age. On appropriate request by a court or law
enforcement official of another state, the Indiana court shall forward
a certified copy of the records to the court of the other state.
As added by P.L.138-2007, SEC.45.