Thursday, April 24, 2008

Child Custody and Drugs - Comparing Indiana With California

I need to into this subject with a bit more depth but Indiana certainly lacks what I read in Court-Ordered Drug Testing in Child Custody Cases about California.

Instead of statutes, we have our discovery rules, particularly Indiana Trial Rule 35. Rule 35(A) has a bit of a hurdle to get over before any testing:

The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.
Then, too, the general rule is the party making the motion has to pay for the testing. Cases can die where the client cannot afford the cost of paying for the tests.

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