§ 34-35-4-1 — Affidavit of undue influence, local prejudice, or inconvenience

Indiana § 34-35-4-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 35: CHANGE OF VENUE
• Ch. 4: Change of Venue in Cases on Remand

Text

(a) This section applies where:
(1) an appeal to the court of appeals or supreme court of the state
of Indiana has been taken from a judgment rendered against any
party; and
(2) the judgment is reversed, and the cause is remanded for a new
trial.
(b) Either party in the cause is entitled to a change of venue from the
county notwithstanding any changes of venue already taken, upon filing
an affidavit:
(1) stating that:
(A) the opposite party has an undue influence over the citizens
of the county;
(B) an odium attaches to the applicant, or to the applicant's
cause of action or defense, on account of local prejudice; or
(C) the county is a party to the suit; or
(2) showing to the satisfaction of the court that the convenience
of witnesses and the ends of justice would be promoted by the
change.
(c) All laws and parts of laws defining rights and duties in order to
perfect a change of venue from the county in original actions and
proceedings apply with equal force to the change of venue provided by
this section.
[Pre-1998 Recodification Citation: 34-2-13-1.]

Legislative History

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