Indiana § 34-35-2-5 Counties with populations of more than 400,000 and less than 700,000

Indiana Statutes

§ 34-35-2-5 — Counties with populations of more than 400,000 and less than 700,000

Indiana § 34-35-2-5

Title 34CIVIL LAW AND PROCEDURE

Art. 35CHANGE OF VENUE

Ch. 2Change of Venue From County in Civil Actions

This text of Indiana § 34-35-2-5 (Counties with populations of more than 400,000 and less than 700,000) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 34-35-2-5 (2026).

Text

(a)This section applies in a county having a population of more than four hundred thousand (400,000) and 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, s

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(a) This section applies in a county having a
population of more than four hundred thousand (400,000) and 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.
[Pre-1998 Recodification Citation: 34-2-9-1 part.]