CHAPTER 3. CHANGE OF VENUE IN SPECIFIC CIRCUMSTANCES

IC 34-35-3
    Chapter 3. Change of Venue in Specific Circumstances

IC 34-35-3-1
Multiple plaintiffs or defendants
    Sec. 1. (a) This section applies if there are multiple plaintiffs ormultiple defendants in a civil action.
    (b) There shall be allowed only one (1) change of venue from thecounty to all plaintiffs and one (1) change of venue from the countyto all defendants.
    (c) If a plaintiff files a change of venue from the county, allplaintiffs shall be considered the moving party, and all of thedefendants shall be considered the nonmoving party. If thedefendants file the change of venue from the county, all of theplaintiffs shall be considered the nonmoving party, and all of thedefendants shall be considered the moving party. If there are multipleparties that constitute either the moving party or the nonmovingparty, the decision of the majority of such parties is final as tonaming the two (2) counties and as to the striking of one (1).
    (d) If there is no majority agreement as to the naming of the two(2) counties between the nonmoving parties, the suggested countiesshall be submitted to the court by the nonmoving parties and thecourt shall select the two (2) counties from the list to be named.
    (e) If there is no majority agreement between the moving partiesas to which county shall be struck, the clerk shall do the following:
        (1) Place each named county on similar unidentifiable slips ofpaper.
        (2) Place the slips of paper in a suitable container.
        (3) Draw the name of one (1) county from the container withoutprior identification.
Both parties shall be given an opportunity to be present at thedrawing of the name. The clerk shall then strike the name of thecounty that appeared on the slip of paper so that the action shall thenbe venued to the remaining named county.
As added by P.L.1-1998, SEC.31.

IC 34-35-3-2
Decedent's estate; change of judge or venue authorized
    Sec. 2. (a) This section applies in any action, proceeding, ormatter, of any character or nature whatever, relating to, connectedwith, or involving the estate of a decedent.
    (b) Except as provided in subsection (c), any of the parties to theaction, proceeding, or matter are entitled to:
        (1) a change of judge; or
        (2) a change of venue from the county;
for the same reasons, and upon the same terms and conditions, uponwhich there may be a change of judge or a change of venue from thecounty in any civil action.
    (c) This section does not authorize:
        (1) a change of venue from the county of the administration of

the estate of a decedent; or
        (2) a change of venue from the county upon the exceptions tothe final report of an administrator or executor;
and there shall be no change of venue from the county uponexceptions to the final report of an administrator or executor.
As added by P.L.1-1998, SEC.31.

IC 34-35-3-3
Nonjury cases; applications and affidavit
    Sec. 3. (a) This section applies when any matter of a civil,statutory, or equitable nature not triable by a jury is pending.
    (b) The judge before whom the cause is pending shall change thevenue upon the application of either party to the cause, made uponaffidavit, of either party or the party's attorney, showing any one (1)or more of the reasons named in the Indiana statutes authorizingchanges of venue from the judge in civil actions.
    (c) The presiding judge shall appoint a special judge to hear suchcause in the manner provided by law for changes of venue in civilactions.
As added by P.L.1-1998, SEC.31.