State v. Int'l Bus. Machines Corp.
Annotate this CaseThe State entered into a contract with IBM, and the Governor signed the contract. IBM later terminated the contract, after which the State filed suit against IBM asserting breach of contract among other claims. IBM then served notice on the Governor to take his testimonial deposition. The State moved for a protective order, asserting that the Governor's deposition was prohibited based on the Governor's unqualified privilege from arrest on civil process, and from obeying any subpoena to testify, pursuant to Ind. Code 34-29-2-1. The trial court granted IBM's motion with certain limitations. The Supreme Court reversed, holding that the statute clearly precludes a deposition of a sitting Governor. The privilege afforded by the statute is absolute, the Court stated, and once it is invoked, any party protected by the privilege may not be compelled to give testimony.
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