§ 33-33-73-5 — Change of venue

(a) This section does not apply to criminal
cases.
(b) Notwithstanding IC 33-29-1-9, after any action or proceeding is
docketed in a Shelby superior court or the Shelby circuit court on
change of venue, all parties who have appeared in the case in person or
by counsel may agree on and request a transfer from a superior court
to the circuit court or from the circuit court to a superior court.
(c) Upon the agreement of all parties, the court in which the action
is pending shall order the case transferred to the other court. The clerk
shall transmit the original papers of the case to the other court and
docket the case in the other court without any transcript being required.
(d) All further proceedings in the case shall take place in the court
to which the case is transferred. If the case is one in which the
prosecuting attorney is required to appear and defend and a party fails
to appear or to employ counsel, the prosecuting attorney has the right
to agree to the transfer instead of the nonappearing party or counsel.
[Pre-2004 Recodification Citation: 33-5-39-10.]

Legislative History

As added by P.L.98-2004, SEC.12.