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The Indiana Supreme Court has reversed an order it issued Monday that prevented an appellant from bringing in a utility truck bucket to arguments scheduled Thursday.
Earlier this week, the justices issued the order in Anthony Wade v. Terex-Telelect, Inc., 29S05-1209-CT-557, in response to Terex-Telelect’s motion to prevent use of oversized equipment at oral argument. A paralegal in the court’s administration office confirmed that Wade’s defense planned to bring items that were about 4 feet tall by 4 feet wide and 2 feet deep.A paralegal in the court’s administration office confirmed that Wade planned to bring items that were about 4 feet tall by 4 feet wide and 2 feet deep.
“Appellate Rule 53(F) contemplates that physical exhibits might be used at oral argument, but in this instance, we are persuaded that the size of these items will be disruptive to the proceedings and, because photographs of the items are in the appendix, the presence of the items themselves is not necessary for Wade to present an effective appellate argument,” Acting Chief Justice Robert Rucker wrote for the court.
But on Wednesday, the reconsidered and has allowed the parties to use physical exhibits during oral argument, "so long as their set-up- and removal does not interfere with the other oral arguments being heard" Thursday. Chief Justice Brent Dickson signed Wednesday's order.
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