§ 34-35-1-2 — Designation of county; trial; costs

(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.
[Pre-1998 Recodification Citation: 34-1-13-2.]

Legislative History

As added by P.L.1-1998, SEC.31.