Legal Opinion

Utilimaster Corp. v. Indiana Department of State Revenue

Indiana Tax Court

Decided April 17, 2012No. 71T10-1008-TA-43PublishedCited by 3 opinions

1Opinion of the Court

ORDER ON RESPONDENTS MOTION TO DISQUALIFY PETITIONERS ATTORNEYS

WENTWORTH, J.

This matter comes before the Court on the Indiana Department of State Reve nue's (Department) motion to disqualify Utilimaster Corporation's (Utilimaster) attorneys pursuant to Indiana Professional Conduct Rule 3.7, the Advocate-Witness Rule. In order to grant the Department's motion, the Court must find, as a preliminary matter, that Utilimaster's attorneys are likely to be necessary witnesses at trial. The Court finds they are not.

BACKGROUND

Utilimaster manufactures commercial vehicles in Elkhart County, Indiana. On…

2Cases cited6 opinions

  1. State v. International Business MacHines Corp.Indiana Supreme Court · 2012
  2. King v. StateIndiana Court of Appeals · 1973
  3. Harter v. University of IndianapolisDistrict Court, S.D. Indiana · 1998
  4. LeaseAmerica Corp. v. StewartCourt of Appeals of Kansas · 1994
  5. Knowledge A-Z, Inc. v. Sentry InsuranceIndiana Court of Appeals · 2006

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Mills v. Hausmann-McNallyDistrict Court, S.D. Indiana · 2014
  2. Sahara Mart, Incorporated v. Indiana Department of State RevenueIndiana Tax Court · 2018
  3. O'Malley v. State Farm Mutual Automobile Insurance CompanyDistrict Court, N.D. Indiana · 2025

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