§ 34-35-3-1 — Multiple plaintiffs or defendants

Indiana § 34-35-3-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 35: CHANGE OF VENUE
• Ch. 3: Change of Venue in Specific Circumstances

Text

(a) This section applies if there are multiple
plaintiffs or multiple defendants in a civil action.
(b) There shall be allowed only one (1) change of venue from the
county to all plaintiffs and one (1) change of venue from the county to
all defendants.
(c) If a plaintiff files a change of venue from the county, all
plaintiffs shall be considered the moving party, and all of the
defendants shall be considered the nonmoving party. If the defendants
file the change of venue from the county, all of the plaintiffs shall be
considered the nonmoving party, and all of the defendants shall be
considered the moving party. If there are multiple parties that constitute
either the moving party or the nonmoving party, the decision of the
majority of such parties is final as to naming the two (2) counties and
as to the striking of one (1).
(d) If there is no majority agreement as to the naming of the two (2)
counties between the nonmoving parties, the suggested counties shall
be submitted to the court by the nonmoving parties and the court shall
select the two (2) counties from the list to be named.
(e) If there is no majority agreement between the moving parties as
to which county shall be struck, the clerk shall do the following:
(1) Place each named county on similar unidentifiable slips of
paper.
(2) Place the slips of paper in a suitable container.
(3) Draw the name of one (1) county from the container without
prior identification.
Both parties shall be given an opportunity to be present at the drawing
of the name. The clerk shall then strike the name of the county that
appeared on the slip of paper so that the action shall then be venued to
the remaining named county.
[Pre-1998 Recodification Citation: 34-2-9-1 part.]

Legislative History

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