State Codes and Statutes
Statutes > Indiana > Title34 > Ar35 > Ch4IC 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 the
state of Indiana has been taken from a judgment rendered
against any party; and
(2) the judgment is reversed, and the cause is remanded for a
new trial.
(b) Either party in the cause is entitled to a change of venue from
the county notwithstanding any changes of venue already taken, upon
filing an affidavit:
(1) stating that:
(A) the opposite party has an undue influence over the
citizens of the county;
(B) an odium attaches to the applicant, or to the applicant's
cause 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 convenience
of witnesses and the ends of justice would be promoted by the
change.
(c) All laws and parts of laws defining rights and duties in order
to perfect a change of venue from the county in original actions and
proceedings apply with equal force to the change of venue provided
by 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 has
been taken from a judgment rendered against any party, and the
judgment is reversed with the cause remanded for a new trial;
or
(2) the action of the trial court in granting a new trial is
affirmed on appeal.
(b) Either party in the cause is entitled to a change of venue from
the judge before whom the cause is pending, notwithstanding any
changes of venue previously taken, upon filing an affidavit stating
that the party cannot have a fair trial of the cause before that judge
because of bias or prejudice on the part of the judge before whom the
cause is pending.
(c) The judge shall grant the requested change, and it is unlawful
for any judge so challenged to appoint in that case as special judge
any relative by blood or marriage of the judge.
As added by P.L.1-1998, SEC.31.
