IC 34-35-1-1 Application; causes
Sec. 1. The court or the judge shall change the venue of any civil
action upon the application of either party, made upon affidavit
showing one (1) or more of the following causes:
(1) The judge has been engaged as counsel in the cause before
the judge's election or appointment as judge or is otherwise
interested in the cause.
(2) The judge is of kin to either party.
(3) The opposite party has an undue influence over the citizens
of the county, or an odium attaches to the applicant or to the
applicant's cause of action or defense, on account of local
prejudice.
(4) The county is a party to the suit.
(5) Showing to the satisfaction of the court that the convenience
of witnesses and the ends of justice would be promoted by the
change.
(6) The judge of the court in which the action is pending is a
material 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 is
pending. 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 directed
for any of the causes mentioned in section 1(3), 1(4) and 1(5) of this
chapter.
(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 is
considered best for the furtherance of justice; and
(2) prescribe the time within which the applicant shall pay the
costs of the change.
(c) The clerk of the court in which the suit is pending, as soon as
the 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 otherwise
disposed of in the same manner as if the cause had originated in that
court.
(f) If the party fails to pay the costs of the change within the time
prescribed by the court, the party:
(1) shall be taxed with all the costs made in the case up to the
time 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 same
party 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 is
granted 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 shall
call a judge of any circuit, superior, or other court of general
jurisdiction, or any justice of the supreme court, to preside in and try
the case.
(c) If it is difficult, in the opinion of the court, for any cause, to
procure the attendance of a judge described in subsection (b), the
court, in order to prevent delay, may appoint any competent and
disinterested attorney of Indiana, in good standing, to act as judge in
the cause. If the attorney appointed under this subsection consents to
serve:
(1) the attorney shall be qualified as other judges;
(2) the attorney's appointment and oath shall be filed with the
clerk and entered on the order book; and
(3) the attorney has authority to:
(A) hear and determine the cause until it is finally disposed
of; 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 in
the place of the regular judge as a judge pro tempore, the attorney
shall be allowed the following:
(1) The sum of twenty dollars ($20) per day for each day or part
of a day actually served.
(2) For each mile necessarily traveled each day in going to and
returning from the place where the court is being held, a sum
for mileage equal to that sum per mile paid to state officers and
employees. The rate per mile shall change each time the state
government 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 of
forty 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 the
days of service and mileage, if any, supported by the affidavit
of the judge pro tempore that the judge pro tempore actually
served the days, and the miles traveled were necessary; and
(2) an affidavit of the regular judge stating the reason for the
service of the judge pro tempore.
(d) The payment under subsection (c) shall be paid out of the
county treasury for the time being, for which the county shall have
credit on settlement with the treasurer of state.
(e) In change of venue from one (1) court to another court of the
same county, or from one (1) judge to another judge of the same
county, the compensation provided for in this section does not apply,
unless the other court or judge to which the change is taken is
situated in another city in the same county.
(f) A full-time judge of a circuit, superior, or county court may not
be paid compensation for serving as a special judge, except
reasonable expenses for meals, lodging, travel, and other incidental
expenses 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 as
temporary judge
Sec. 5. (a) This section applies if a judge is prevented from
presiding 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 the
county;
may elect any competent and reputable attorney to act as judge.
(d) If the attorney elected under subsection (c) accepts, the
attorney shall qualify as other judges, and the attorney's appointment,
with the reason for the appointment and the attorney's oath, shall be
entered on the order book.
(e) A judge selected under this section (or IC 34-1-13-5 before its
repeal) 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.
IC 34-35-1-1 Application; causes
Sec. 1. The court or the judge shall change the venue of any civil
action upon the application of either party, made upon affidavit
showing one (1) or more of the following causes:
(1) The judge has been engaged as counsel in the cause before
the judge's election or appointment as judge or is otherwise
interested in the cause.
(2) The judge is of kin to either party.
(3) The opposite party has an undue influence over the citizens
of the county, or an odium attaches to the applicant or to the
applicant's cause of action or defense, on account of local
prejudice.
(4) The county is a party to the suit.
(5) Showing to the satisfaction of the court that the convenience
of witnesses and the ends of justice would be promoted by the
change.
(6) The judge of the court in which the action is pending is a
material 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 is
pending. 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 directed
for any of the causes mentioned in section 1(3), 1(4) and 1(5) of this
chapter.
(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 is
considered best for the furtherance of justice; and
(2) prescribe the time within which the applicant shall pay the
costs of the change.
(c) The clerk of the court in which the suit is pending, as soon as
the 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 otherwise
disposed of in the same manner as if the cause had originated in that
court.
(f) If the party fails to pay the costs of the change within the time
prescribed by the court, the party:
(1) shall be taxed with all the costs made in the case up to the
time 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 same
party 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 is
granted 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 shall
call a judge of any circuit, superior, or other court of general
jurisdiction, or any justice of the supreme court, to preside in and try
the case.
(c) If it is difficult, in the opinion of the court, for any cause, to
procure the attendance of a judge described in subsection (b), the
court, in order to prevent delay, may appoint any competent and
disinterested attorney of Indiana, in good standing, to act as judge in
the cause. If the attorney appointed under this subsection consents to
serve:
(1) the attorney shall be qualified as other judges;
(2) the attorney's appointment and oath shall be filed with the
clerk and entered on the order book; and
(3) the attorney has authority to:
(A) hear and determine the cause until it is finally disposed
of; 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 in
the place of the regular judge as a judge pro tempore, the attorney
shall be allowed the following:
(1) The sum of twenty dollars ($20) per day for each day or part
of a day actually served.
(2) For each mile necessarily traveled each day in going to and
returning from the place where the court is being held, a sum
for mileage equal to that sum per mile paid to state officers and
employees. The rate per mile shall change each time the state
government 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 of
forty 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 the
days of service and mileage, if any, supported by the affidavit
of the judge pro tempore that the judge pro tempore actually
served the days, and the miles traveled were necessary; and
(2) an affidavit of the regular judge stating the reason for the
service of the judge pro tempore.
(d) The payment under subsection (c) shall be paid out of the
county treasury for the time being, for which the county shall have
credit on settlement with the treasurer of state.
(e) In change of venue from one (1) court to another court of the
same county, or from one (1) judge to another judge of the same
county, the compensation provided for in this section does not apply,
unless the other court or judge to which the change is taken is
situated in another city in the same county.
(f) A full-time judge of a circuit, superior, or county court may not
be paid compensation for serving as a special judge, except
reasonable expenses for meals, lodging, travel, and other incidental
expenses 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 as
temporary judge
Sec. 5. (a) This section applies if a judge is prevented from
presiding 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 the
county;
may elect any competent and reputable attorney to act as judge.
(d) If the attorney elected under subsection (c) accepts, the
attorney shall qualify as other judges, and the attorney's appointment,
with the reason for the appointment and the attorney's oath, shall be
entered on the order book.
(e) A judge selected under this section (or IC 34-1-13-5 before its
repeal) 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.
IC 34-35-1-1 Application; causes
Sec. 1. The court or the judge shall change the venue of any civil
action upon the application of either party, made upon affidavit
showing one (1) or more of the following causes:
(1) The judge has been engaged as counsel in the cause before
the judge's election or appointment as judge or is otherwise
interested in the cause.
(2) The judge is of kin to either party.
(3) The opposite party has an undue influence over the citizens
of the county, or an odium attaches to the applicant or to the
applicant's cause of action or defense, on account of local
prejudice.
(4) The county is a party to the suit.
(5) Showing to the satisfaction of the court that the convenience
of witnesses and the ends of justice would be promoted by the
change.
(6) The judge of the court in which the action is pending is a
material 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 is
pending. 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 directed
for any of the causes mentioned in section 1(3), 1(4) and 1(5) of this
chapter.
(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 is
considered best for the furtherance of justice; and
(2) prescribe the time within which the applicant shall pay the
costs of the change.
(c) The clerk of the court in which the suit is pending, as soon as
the 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 otherwise
disposed of in the same manner as if the cause had originated in that
court.
(f) If the party fails to pay the costs of the change within the time
prescribed by the court, the party:
(1) shall be taxed with all the costs made in the case up to the
time 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 same
party 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 is
granted 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 shall
call a judge of any circuit, superior, or other court of general
jurisdiction, or any justice of the supreme court, to preside in and try
the case.
(c) If it is difficult, in the opinion of the court, for any cause, to
procure the attendance of a judge described in subsection (b), the
court, in order to prevent delay, may appoint any competent and
disinterested attorney of Indiana, in good standing, to act as judge in
the cause. If the attorney appointed under this subsection consents to
serve:
(1) the attorney shall be qualified as other judges;
(2) the attorney's appointment and oath shall be filed with the
clerk and entered on the order book; and
(3) the attorney has authority to:
(A) hear and determine the cause until it is finally disposed
of; 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 in
the place of the regular judge as a judge pro tempore, the attorney
shall be allowed the following:
(1) The sum of twenty dollars ($20) per day for each day or part
of a day actually served.
(2) For each mile necessarily traveled each day in going to and
returning from the place where the court is being held, a sum
for mileage equal to that sum per mile paid to state officers and
employees. The rate per mile shall change each time the state
government 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 of
forty 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 the
days of service and mileage, if any, supported by the affidavit
of the judge pro tempore that the judge pro tempore actually
served the days, and the miles traveled were necessary; and
(2) an affidavit of the regular judge stating the reason for the
service of the judge pro tempore.
(d) The payment under subsection (c) shall be paid out of the
county treasury for the time being, for which the county shall have
credit on settlement with the treasurer of state.
(e) In change of venue from one (1) court to another court of the
same county, or from one (1) judge to another judge of the same
county, the compensation provided for in this section does not apply,
unless the other court or judge to which the change is taken is
situated in another city in the same county.
(f) A full-time judge of a circuit, superior, or county court may not
be paid compensation for serving as a special judge, except
reasonable expenses for meals, lodging, travel, and other incidental
expenses 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 as
temporary judge
Sec. 5. (a) This section applies if a judge is prevented from
presiding 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 the
county;
may elect any competent and reputable attorney to act as judge.
(d) If the attorney elected under subsection (c) accepts, the
attorney shall qualify as other judges, and the attorney's appointment,
with the reason for the appointment and the attorney's oath, shall be
entered on the order book.
(e) A judge selected under this section (or IC 34-1-13-5 before its
repeal) 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.
