Indiana § 35-36-5-2 Other grounds; motion; affidavit; time limitation

Indiana Statutes

§ 35-36-5-2 — Other grounds; motion; affidavit; time limitation

Indiana § 35-36-5-2

Art. 36PRETRIAL NOTICES, MOTIONS, AND

Ch. 5Change of Judge

This text of Indiana § 35-36-5-2 (Other grounds; motion; affidavit; time limitation) 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 § 35-36-5-2 (2026).

Text

The defendant and the state may obtain a change of judge if the judge:

(1)is biased or prejudiced against the moving party and that the moving party cannot obtain a fair trial before the judge;

(2)is related by blood or marriage to any party to the cause;

(3)is unable to properly perform the functions of his office because of mental or physical disabilities;

(4)is disqualified by reason of any conflict of interest; or

(5)should be disqualified for any other cause. A motion made under this section must be verified or accompained by an affidavit specifically stating facts showing that at least one (1) of these causes exists. The motion must be filed within the time limitations specified in Indiana Rules of Criminal Procedure. As added by Acts 1981, P.L.298, SEC.5.

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The defendant and the state may obtain a
change of judge if the judge:
(1) is biased or prejudiced against the moving party and that the
moving party cannot obtain a fair trial before the judge;
(2) is related by blood or marriage to any party to the cause;
(3) is unable to properly perform the functions of his office
because of mental or physical disabilities;
(4) is disqualified by reason of any conflict of interest; or
(5) should be disqualified for any other cause.
A motion made under this section must be verified or accompained by
an affidavit specifically stating facts showing that at least one (1) of
these causes exists.
The motion must be filed within the time limitations specified in
Indiana Rules of Criminal Procedure.
As added by Acts 1981, P.L.298, SEC.5.