CHAPTER 1. CHANGE OF VENUE GENERALLY

IC 34-35
    ARTICLE 35. CHANGE OF VENUE

IC 34-35-1
    Chapter 1. Change of Venue Generally

IC 34-35-1-1
Application; causes
    Sec. 1. The court or the judge shall change the venue of any civilaction upon the application of either party, made upon affidavitshowing one (1) or more of the following causes:
        (1) The judge has been engaged as counsel in the cause beforethe judge's election or appointment as judge or is otherwiseinterested in the cause.
        (2) The judge is of kin to either party.
        (3) The opposite party has an undue influence over the citizensof the county, or an odium attaches to the applicant or to theapplicant's cause of action or defense, on account of localprejudice.
        (4) The county is a party to the suit.
        (5) Showing to the satisfaction of the court that the convenienceof witnesses and the ends of justice would be promoted by thechange.
        (6) The judge of the court in which the action is pending is amaterial witness for the party applying for the change.
        (7) Either party makes and files an affidavit of the bias,prejudice, or interest of the judge before whom the cause ispending.
As added by P.L.1-1998, SEC.31.

IC 34-35-1-2
Designation of county; trial; costs
    Sec. 2. (a) This section applies when a change of venue is directedfor any of the causes mentioned in section 1(3), 1(4) and 1(5) of thischapter.
    (b) The court or judge shall:
        (1) designate the county to which the venue shall be changed,which may be in the same or in an adjoining circuit, as isconsidered best for the furtherance of justice; and
        (2) prescribe the time within which the applicant shall pay thecosts of the change.
    (c) The clerk of the court in which the suit is pending, as soon asthe costs of the change are paid, shall immediately transmit:
        (1) all the papers; and
        (2) a transcript of all the proceedings;
to the clerk of the court of the county to which the venue is changed.
    (d) The clerk of the proper court shall:
        (1) receive the papers and transcript;
        (2) give a receipt for items received under subdivision (1); and
        (3) docket the action in its order among the other causes of the

court.
    (e) The action shall stand for trial and shall be tried or otherwisedisposed of in the same manner as if the cause had originated in thatcourt.
    (f) If the party fails to pay the costs of the change within the timeprescribed by the court, the party:
        (1) shall be taxed with all the costs made in the case up to thetime of the failure to pay costs; and
        (2) is not entitled to a change of venue from the county.
    (g) Only one (1) change of venue shall be granted to the sameparty from the county, and only one (1) from the judge.
As added by P.L.1-1998, SEC.31.

IC 34-35-1-3
Presiding judge; attorney appointed as judge
    Sec. 3. (a) This section applies when the change of venue isgranted for any of the causes mentioned in section 1(1), 1(2), 1(6),or 1(7) of this chapter.
    (b) Except as provided in subsection (c), the court or judge shallcall a judge of any circuit, superior, or other court of generaljurisdiction, or any justice of the supreme court, to preside in and trythe case.
    (c) If it is difficult, in the opinion of the court, for any cause, toprocure the attendance of a judge described in subsection (b), thecourt, in order to prevent delay, may appoint any competent anddisinterested attorney of Indiana, in good standing, to act as judge inthe cause. If the attorney appointed under this subsection consents toserve:
        (1) the attorney shall be qualified as other judges;
        (2) the attorney's appointment and oath shall be filed with theclerk and entered on the order book; and
        (3) the attorney has authority to:
            (A) hear and determine the cause until it is finally disposedof; or
            (B) change the venue of the cause in proper cases.
As added by P.L.1-1998, SEC.31.

IC 34-35-1-4
Compensation for judge pro tempore and special judges
    Sec. 4. (a) When a practicing attorney is called upon to preside inthe place of the regular judge as a judge pro tempore, the attorneyshall be allowed the following:
        (1) The sum of twenty dollars ($20) per day for each day or partof a day actually served.
        (2) For each mile necessarily traveled each day in going to andreturning from the place where the court is being held, a sumfor mileage equal to that sum per mile paid to state officers andemployees. The rate per mile shall change each time the stategovernment changes its rate per mile.
    (b) If such judge pro tempore is a resident of another county, the

judge pro tempore shall be paid an additional sum of twenty dollars($20) for each day or part of a day actually served, making a total offorty dollars ($40).
    (c) The judge pro tempore shall be paid on the presentation of:
        (1) an order made by the court for the allowance, specifying thedays of service and mileage, if any, supported by the affidavitof the judge pro tempore that the judge pro tempore actuallyserved the days, and the miles traveled were necessary; and
        (2) an affidavit of the regular judge stating the reason for theservice of the judge pro tempore.
    (d) The payment under subsection (c) shall be paid out of thecounty treasury for the time being, for which the county shall havecredit on settlement with the treasurer of state.
    (e) In change of venue from one (1) court to another court of thesame county, or from one (1) judge to another judge of the samecounty, the compensation provided for in this section does not apply,unless the other court or judge to which the change is taken issituated in another city in the same county.
    (f) A full-time judge of a circuit, superior, or county court may notbe paid compensation for serving as a special judge, exceptreasonable expenses for meals, lodging, travel, and other incidentalexpenses approved by the state court administrator.
As added by P.L.1-1998, SEC.31.

IC 34-35-1-5
Absence or loss of judge; selection of attorney to serve astemporary judge
    Sec. 5. (a) This section applies if a judge is prevented frompresiding during any session of court by reason of:
        (1) death, sickness, or other casualty; or
        (2) the judge's failure to attend or appear for any period of three(3) days;
so that the court will lapse.
    (b) The sheriff may adjourn the court from day to day.
    (c) If the judge fails to appear under subsection (a)(2):
        (1) the clerk, the sheriff, and the auditor; or
        (2) in case of the absence of the clerk, the sheriff, or the auditor,the two (2) who are present, together with the recorder of thecounty;
may elect any competent and reputable attorney to act as judge.
    (d) If the attorney elected under subsection (c) accepts, theattorney shall qualify as other judges, and the attorney's appointment,with the reason for the appointment and the attorney's oath, shall beentered on the order book.
    (e) A judge selected under this section (or IC 34-1-13-5 before itsrepeal) may preside until:
        (1) the return of the regular judge;
        (2) in case of death, until the judge's successor is named; or
        (3) in case of vacancy or if the judge is required to be absent,until a successor is named by the proper authority.As added by P.L.1-1998, SEC.31.