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In this interlocutory appeal, Sawyer challenges the validity of Indiana Code § 35-40-5-11.5, which became effective on March 18, 2020. This statute places restrictions on a defendant’s ability to take the deposition of a child (less than sixteen (16) years of age) victim of a sex offense.
Sawyer argues that:
(1) The statute is invalid because it conflicts with Indiana Trial Rule 30, which provides that a person may take the deposition of any person, including a party.
(2) By enacting the statute and placing restrictions on discovery procedures, the General Assembly has violated state constitutional separation of powers.
(3) The statute violates due process protections offered by both the state and federal constitutions.
The scheduled panel members are Judges Vaidik, Brown, and Tavitas.