§ 34-35-2-1 — Counties with two or more adjoining counties

Indiana § 34-35-2-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 35: CHANGE OF VENUE
• Ch. 2: Change of Venue From County in Civil Actions

Text

(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.
[Pre-1998 Recodification Citation: 34-2-9-1 part.]

Legislative History

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