IC 34-35-4
    Chapter 4. Change of Venue in Cases on Remand

IC 34-35-4-1
Affidavit of undue influence, local prejudice, or inconvenience
    Sec. 1. (a) This section applies where:
        (1) an appeal to the court of appeals or supreme court of thestate of Indiana has been taken from a judgment renderedagainst any party; and
        (2) the judgment is reversed, and the cause is remanded for anew trial.
    (b) Either party in the cause is entitled to a change of venue fromthe county notwithstanding any changes of venue already taken, uponfiling an affidavit:
        (1) stating that:
            (A) the opposite party has an undue influence over thecitizens of the county;
            (B) an odium attaches to the applicant, or to the applicant'scause of action or defense, on account of local prejudice; or
            (C) the county is a party to the suit; or
        (2) showing to the satisfaction of the court that the convenienceof witnesses and the ends of justice would be promoted by thechange.
    (c) All laws and parts of laws defining rights and duties in orderto perfect a change of venue from the county in original actions andproceedings apply with equal force to the change of venue providedby this section.
As added by P.L.1-1998, SEC.31.

IC 34-35-4-2
Affidavit of judicial bias or prejudice
    Sec. 2. (a) This section applies where:
        (1) an appeal to the court of appeals or the supreme court hasbeen taken from a judgment rendered against any party, and thejudgment is reversed with the cause remanded for a new trial;or
        (2) the action of the trial court in granting a new trial isaffirmed on appeal.
    (b) Either party in the cause is entitled to a change of venue fromthe judge before whom the cause is pending, notwithstanding anychanges of venue previously taken, upon filing an affidavit statingthat the party cannot have a fair trial of the cause before that judgebecause of bias or prejudice on the part of the judge before whom thecause is pending.
    (c) The judge shall grant the requested change, and it is unlawfulfor any judge so challenged to appoint in that case as special judgeany relative by blood or marriage of the judge.
As added by P.L.1-1998, SEC.31.