§ 34-35-4-2 — Affidavit of judicial bias or prejudice

Indiana § 34-35-4-2

• 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 the supreme court has
been taken from a judgment rendered against any party, and the
judgment is reversed with the cause remanded for a new trial; or
(2) the action of the trial court in granting a new trial is affirmed
on appeal.
(b) Either party in the cause is entitled to a change of venue from the
judge before whom the cause is pending, notwithstanding any changes
of venue previously taken, upon filing an affidavit stating that the party
cannot have a fair trial of the cause before that judge because of bias
or prejudice on the part of the judge before whom the cause is pending.
(c) The judge shall grant the requested change, and it is unlawful for
any judge so challenged to appoint in that case as special judge any
relative by blood or marriage of the judge.
[Pre-1998 Recodification Citation: 34-2-14-1.]

Legislative History

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