Indiana § 35-36-6-1 Verified motion by defendant; bias or prejudice; hearing; duties of
clerk and sheriff

Indiana Statutes

§ 35-36-6-1 — Verified motion by defendant; bias or prejudice; hearing; duties of clerk and sheriff

Indiana § 35-36-6-1

Art. 36PRETRIAL NOTICES, MOTIONS, AND

Ch. 6Change of Venue

This text of Indiana § 35-36-6-1 (Verified motion by defendant; bias or prejudice; hearing; duties of clerk and sheriff) 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 § 35-36-6-1 (2026).

Text

(a)In any criminal action, the defendant may request a change of venue from the county by filing a verified motion for change of venue alleging that bias or prejudice against the defendant exists in that county.

(b)When a motion for a change of venue is filed, the court shall hold a hearing on the motion and may grant a change of venue to the most convenient county. When a change of venue is granted, the clerk shall immediately:

(1)make a transcript of the proceedings and orders of the court;

(2)seal the transcript with the original papers; and

(3)deliver them to the sheriff. The sheriff shall immediately deliver them to the clerk's office of the proper county, and make his return accordingly. However, only one (1) change of venue from the county may be granted. As added by Acts 1981,

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(a) In any criminal action, the defendant may
request a change of venue from the county by filing a verified motion
for change of venue alleging that bias or prejudice against the
defendant exists in that county.
(b) When a motion for a change of venue is filed, the court shall
hold a hearing on the motion and may grant a change of venue to the
most convenient county. When a change of venue is granted, the clerk
shall immediately:
(1) make a transcript of the proceedings and orders of the court;
(2) seal the transcript with the original papers; and
(3) deliver them to the sheriff.
The sheriff shall immediately deliver them to the clerk's office of the
proper county, and make his return accordingly. However, only one (1)
change of venue from the county may be granted.
As added by Acts 1981, P.L.298, SEC.5. Amended by
P.L.311-1983, SEC.48; P.L.170-1984, SEC.5.