How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110573
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

In Indiana can subject matter jurisdiction be challenged at

This answer was rated:

In Indiana can subject matter jurisdiction be challenged at any time? If a procedural defect is found in a Divorce provisional order hearing, so as to disable the judge in the case from proceeding any further and to void all of his prior judgements that were made at the hearing, and any other hearings afterwords? I so then how? My story is that opposing counsel subpoenad my individual psychotherapy notes without first recieving a court order, and the judge said he would do an in camera inspection of the records and decide whether they were admissable. The judge never recieved written consent from me to review these records, nor had a hearing on the matter, however after he viewed them he stated on record that he was not going to admit the records because there was an MMPI test that was taken by me that he did not have an equivelent test from respondent. One month later he released these records to a custody evaluator, whom also did not have my written consent to view them.
Subject matter jurisdiction can be raised at any time by a party or the court on its own. If a court does not have jurisdiction to hear a subject of the case, then they cannot issue a ruling on that. To handle this problem you should be filing an appeal of the rulings issued by the judge in the case and include all of your reasons above as errors in your appeal and reasons for overturning/vacating the judge's ruling.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Customer: replied 7 years ago.
Thank you so much for your answer, however I thought there were time restraints on appeals, and it has been close to a year since I feel the judge lost subject matter jurisdiction by a procedural defect, so I wondered if I could just up and bring this out in the open now, and call it to attention? If so, then how? None of the attorneys I have worked with want to put forth any effort, so I want to come at them with what I know they should be doing.
There are time restraints on appeals, 10 days from the issuing of the final judgment and it must be completely filed within 30 days. However, I had gotten the impression your ruling was recent. I also stated that you can still file a new motion to modify the order and seek a hearing and ruling on that from which you could then appeal.
Law Educator, Esq. and 3 other Family Law Specialists are ready to help you

Related Family Law Questions