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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116709
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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In Indiana can subject matter jurisdiction be challenged at

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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.

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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.
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