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170 Ind. App. 658

In re Rehearing

Indiana Court of Appeals

Decided October 26, 1976

Indiana Court of Appeals · decided 1976-10-26

Decided 1976-10-26

Lowdermilk, J.

¶1— In his petition for rehearing, plaintiffappellee Walter Robertson contends that defendant-appellant *659Southern Indiana Gas and Electric Company objected to the deposition in question only near the end of the first day of trial, the day after receiving the deposition, and therefore waived any defect in the deposition under Ind. Rules of Procedure, Trial Rule 32 (D) (4).

¶2Assuming arguendo that Robertson’s assertions are correct, they do not dispose of the other defect in the deposition: the failure to submit it to the witness for his examination, as mandated by Ind. Rules of Procedure, Trial Rule 30(E). This requirement can be waived only by the witness cmd the parties. TR. 30(E). The record is devoid of any showing of a waiver by the witness.

¶3The deposition was therefore inadmissible regardless of whether SIEGCO waived the signature requirement.

¶4Rehearing denied.

Robertson, C. J. and Lybrook, J., concur.

¶5Note. — Reported at 355 N.E.2d 881.

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