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 taken
from the county in any civil action pending in any circuit, superior,
or probate court of Indiana from any county having two (2) or more
adjoining 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 of
venue upon the county to which the change of venue of the action
shall be changed, it is the duty of the court to send, transfer, and
venue 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 list
of all the counties adjoining the county from which the venue is
changed. Within two (2) days of receiving the list, the parties shall
alternately strike off the names of the counties except one (1). The
moving party for the change of venue is the first to strike, and the
action shall be sent to the county not stricken off under this
procedure. 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 at
least one hundred thousand (100,000) that is adjoined by three (3) or
fewer other counties.
(b) In addition to listing the adjoining counties, the court shall
also list the two (2) nonadjoining counties, the county seats of which
are nearest measured along the most direct improved and main
traveled highways to the county seat of the county from which the
change of venue is sought. The additional two (2) nonadjoining
counties shall, together with the adjoining counties, comprise the
original list from which the parties shall strike on all initial changes
of 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 changed
from an adjoining county, the name of the adjoining county shall not
be included in the written list submitted by the court.
(b) If excluding the county from which venue was first changed
results in fewer than three (3) adjoining counties, the list submitted
by the court shall include the following:
(1) The adjoining county or counties.
(2) Not more than three (3) nonadjoining counties, the county
seats of which are nearest to the county seat of the county from
which the change of venue is sought when measured along
improved 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) counties
submitted within two (2) days after the list is submitted, and the
action shall be sent to the county remaining. If either of the parties
refuses or fails to strike off the names of the counties within the time
limit, 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 than
700,000
Sec. 5. (a) This section applies in a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000).
(b) Whenever a change of venue is taken from the county in any
civil action pending in any circuit, superior, or probate court of
Indiana, 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 for
change of venue from the county to which county the change of
venue of the action shall be changed, it is the duty of the court to
send, transfer, and venue the action to the agreed upon county.
(c) In the absence of an agreement described in subsection (b), the
nonmoving party shall, within two (2) days after receipt of notice of
the filing of change of venue from the county, submit to the moving
parties the names of two (2) counties which must be selected from
the adjoining counties or the five (5) nonadjoining counties, the
county seats of which are nearest measured along the most direct
improved and main traveled highways to the county seat of the
county from which the change of venue is sought.
(d) If the venue of the action has already been changed from an
adjoining county, the name of the adjoining county shall not be
included in the written list to be submitted by the nonmoving party
under subsection (c).
(e) The moving party shall strike one (1) of the two (2) counties
submitted within two (2) days after receipt of the names of the
counties, and the action shall be sent to the county remaining.
(f) If the nonmoving party fails or refuses to name the counties as
provided in this section, the court shall, not later than two (2) days
after the deadline has expired, name the counties. If the moving party
fails or refuses to strike off the name of one (1) of the named
counties within the time limit provided in this section, the clerk of
the court shall strike off the names for the party within two (2) days. As added by P.L.1-1998, SEC.31.
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 taken
from the county in any civil action pending in any circuit, superior,
or probate court of Indiana from any county having two (2) or more
adjoining 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 of
venue upon the county to which the change of venue of the action
shall be changed, it is the duty of the court to send, transfer, and
venue 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 list
of all the counties adjoining the county from which the venue is
changed. Within two (2) days of receiving the list, the parties shall
alternately strike off the names of the counties except one (1). The
moving party for the change of venue is the first to strike, and the
action shall be sent to the county not stricken off under this
procedure. 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 at
least one hundred thousand (100,000) that is adjoined by three (3) or
fewer other counties.
(b) In addition to listing the adjoining counties, the court shall
also list the two (2) nonadjoining counties, the county seats of which
are nearest measured along the most direct improved and main
traveled highways to the county seat of the county from which the
change of venue is sought. The additional two (2) nonadjoining
counties shall, together with the adjoining counties, comprise the
original list from which the parties shall strike on all initial changes
of 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 changed
from an adjoining county, the name of the adjoining county shall not
be included in the written list submitted by the court.
(b) If excluding the county from which venue was first changed
results in fewer than three (3) adjoining counties, the list submitted
by the court shall include the following:
(1) The adjoining county or counties.
(2) Not more than three (3) nonadjoining counties, the county
seats of which are nearest to the county seat of the county from
which the change of venue is sought when measured along
improved 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) counties
submitted within two (2) days after the list is submitted, and the
action shall be sent to the county remaining. If either of the parties
refuses or fails to strike off the names of the counties within the time
limit, 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 than
700,000
Sec. 5. (a) This section applies in a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000).
(b) Whenever a change of venue is taken from the county in any
civil action pending in any circuit, superior, or probate court of
Indiana, 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 for
change of venue from the county to which county the change of
venue of the action shall be changed, it is the duty of the court to
send, transfer, and venue the action to the agreed upon county.
(c) In the absence of an agreement described in subsection (b), the
nonmoving party shall, within two (2) days after receipt of notice of
the filing of change of venue from the county, submit to the moving
parties the names of two (2) counties which must be selected from
the adjoining counties or the five (5) nonadjoining counties, the
county seats of which are nearest measured along the most direct
improved and main traveled highways to the county seat of the
county from which the change of venue is sought.
(d) If the venue of the action has already been changed from an
adjoining county, the name of the adjoining county shall not be
included in the written list to be submitted by the nonmoving party
under subsection (c).
(e) The moving party shall strike one (1) of the two (2) counties
submitted within two (2) days after receipt of the names of the
counties, and the action shall be sent to the county remaining.
(f) If the nonmoving party fails or refuses to name the counties as
provided in this section, the court shall, not later than two (2) days
after the deadline has expired, name the counties. If the moving party
fails or refuses to strike off the name of one (1) of the named
counties within the time limit provided in this section, the clerk of
the court shall strike off the names for the party within two (2) days. As added by P.L.1-1998, SEC.31.
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 taken
from the county in any civil action pending in any circuit, superior,
or probate court of Indiana from any county having two (2) or more
adjoining 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 of
venue upon the county to which the change of venue of the action
shall be changed, it is the duty of the court to send, transfer, and
venue 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 list
of all the counties adjoining the county from which the venue is
changed. Within two (2) days of receiving the list, the parties shall
alternately strike off the names of the counties except one (1). The
moving party for the change of venue is the first to strike, and the
action shall be sent to the county not stricken off under this
procedure. 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 at
least one hundred thousand (100,000) that is adjoined by three (3) or
fewer other counties.
(b) In addition to listing the adjoining counties, the court shall
also list the two (2) nonadjoining counties, the county seats of which
are nearest measured along the most direct improved and main
traveled highways to the county seat of the county from which the
change of venue is sought. The additional two (2) nonadjoining
counties shall, together with the adjoining counties, comprise the
original list from which the parties shall strike on all initial changes
of 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 changed
from an adjoining county, the name of the adjoining county shall not
be included in the written list submitted by the court.
(b) If excluding the county from which venue was first changed
results in fewer than three (3) adjoining counties, the list submitted
by the court shall include the following:
(1) The adjoining county or counties.
(2) Not more than three (3) nonadjoining counties, the county
seats of which are nearest to the county seat of the county from
which the change of venue is sought when measured along
improved 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) counties
submitted within two (2) days after the list is submitted, and the
action shall be sent to the county remaining. If either of the parties
refuses or fails to strike off the names of the counties within the time
limit, 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 than
700,000
Sec. 5. (a) This section applies in a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000).
(b) Whenever a change of venue is taken from the county in any
civil action pending in any circuit, superior, or probate court of
Indiana, 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 for
change of venue from the county to which county the change of
venue of the action shall be changed, it is the duty of the court to
send, transfer, and venue the action to the agreed upon county.
(c) In the absence of an agreement described in subsection (b), the
nonmoving party shall, within two (2) days after receipt of notice of
the filing of change of venue from the county, submit to the moving
parties the names of two (2) counties which must be selected from
the adjoining counties or the five (5) nonadjoining counties, the
county seats of which are nearest measured along the most direct
improved and main traveled highways to the county seat of the
county from which the change of venue is sought.
(d) If the venue of the action has already been changed from an
adjoining county, the name of the adjoining county shall not be
included in the written list to be submitted by the nonmoving party
under subsection (c).
(e) The moving party shall strike one (1) of the two (2) counties
submitted within two (2) days after receipt of the names of the
counties, and the action shall be sent to the county remaining.
(f) If the nonmoving party fails or refuses to name the counties as
provided in this section, the court shall, not later than two (2) days
after the deadline has expired, name the counties. If the moving party
fails or refuses to strike off the name of one (1) of the named
counties within the time limit provided in this section, the clerk of
the court shall strike off the names for the party within two (2) days. As added by P.L.1-1998, SEC.31.
