CHAPTER 2. CHANGE OF VENUE FROM COUNTY IN CIVIL ACTIONS
IC 34-35-2
Chapter 2. Change of Venue From County in Civil Actions
IC 34-35-2-1
Counties with two or more adjoining counties
Sec. 1. (a) This section applies when a change of venue is takenfrom the county in any civil action pending in any circuit, superior,or probate court of Indiana from any county having two (2) or moreadjoining counties.
(b) If the parties to the action agree in open court within three (3)days from the filing of the affidavit or motion for the change ofvenue upon the county to which the change of venue of the actionshall be changed, it is the duty of the court to send, transfer, andvenue the action to the agreed upon county.
(c) In the absence of an agreement described in subsection (b),within two (2) days the court shall submit to the parties a written listof all the counties adjoining the county from which the venue ischanged. Within two (2) days of receiving the list, the parties shallalternately strike off the names of the counties except one (1). Themoving party for the change of venue is the first to strike, and theaction shall be sent to the county not stricken off under thisprocedure.
As added by P.L.1-1998, SEC.31.
IC 34-35-2-2
Counties with populations of at least 100,000
Sec. 2. (a) This section applies to a county with a population of atleast one hundred thousand (100,000) that is adjoined by three (3) orfewer other counties.
(b) In addition to listing the adjoining counties, the court shallalso list the two (2) nonadjoining counties, the county seats of whichare nearest measured along the most direct improved and maintraveled highways to the county seat of the county from which thechange of venue is sought. The additional two (2) nonadjoiningcounties shall, together with the adjoining counties, comprise theoriginal list from which the parties shall strike on all initial changesof venue taken from the county in which the cause is first filed.
As added by P.L.1-1998, SEC.31.
IC 34-35-2-3
Nonadjoining counties; prior change of venue
Sec. 3. (a) If the venue of the action has already been changedfrom an adjoining county, the name of the adjoining county shall notbe included in the written list submitted by the court.
(b) If excluding the county from which venue was first changedresults in fewer than three (3) adjoining counties, the list submittedby the court shall include the following:
(1) The adjoining county or counties.
(2) Not more than three (3) nonadjoining counties, the countyseats of which are nearest to the county seat of the county from
which the change of venue is sought when measured alongimproved and main traveled highways.
As added by P.L.1-1998, SEC.31.
IC 34-35-2-4
Counties stricken from list by parties
Sec. 4. Each party may strike off one (1) of the three (3) countiessubmitted within two (2) days after the list is submitted, and theaction shall be sent to the county remaining. If either of the partiesrefuses or fails to strike off the names of the counties within the timelimit, the clerk of the court shall strike off the names for the party.
As added by P.L.1-1998, SEC.31.
IC 34-35-2-5
Counties with populations of more than 400,000 but less than700,000
Sec. 5. (a) This section applies in a county having a population ofmore than four hundred thousand (400,000) but less than sevenhundred thousand (700,000).
(b) Whenever a change of venue is taken from the county in anycivil action pending in any circuit, superior, or probate court ofIndiana, if the parties to the action agree in open court within three(3) days from the date of the filing of the affidavit or motion forchange of venue from the county to which county the change ofvenue of the action shall be changed, it is the duty of the court tosend, transfer, and venue the action to the agreed upon county.
(c) In the absence of an agreement described in subsection (b), thenonmoving party shall, within two (2) days after receipt of notice ofthe filing of change of venue from the county, submit to the movingparties the names of two (2) counties which must be selected fromthe adjoining counties or the five (5) nonadjoining counties, thecounty seats of which are nearest measured along the most directimproved and main traveled highways to the county seat of thecounty from which the change of venue is sought.
(d) If the venue of the action has already been changed from anadjoining county, the name of the adjoining county shall not beincluded in the written list to be submitted by the nonmoving partyunder subsection (c).
(e) The moving party shall strike one (1) of the two (2) countiessubmitted within two (2) days after receipt of the names of thecounties, and the action shall be sent to the county remaining.
(f) If the nonmoving party fails or refuses to name the counties asprovided in this section, the court shall, not later than two (2) daysafter the deadline has expired, name the counties. If the moving partyfails or refuses to strike off the name of one (1) of the namedcounties within the time limit provided in this section, the clerk ofthe court shall strike off the names for the party within two (2) days.
As added by P.L.1-1998, SEC.31.