Indiana Code 34-27-1-3. Supreme court writ of mandate or prohibition to inferior court
Current as of: 2024 | Check for updates
|
Other versions
Sec. 3. (a) The supreme court may issue writs of mandate to any and all inferior courts compelling the performance of any duty enjoined by law upon the inferior courts, including the granting of changes of venue from the county in cases where:
(2) timely, proper, and sufficient motion and affidavit have been filed for a change of venue; and
(1) change of venue is allowed by law;
Terms Used In Indiana Code 34-27-1-3
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Venue: The geographical location in which a case is tried.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(3) the motion for change of venue was refused.
(b) The supreme court may also issue a writ of prohibition to an inferior court to restrain and confine the inferior court to the inferior court’s lawful jurisdiction.
[Pre-1998 Recodification Citation: 34-1-58-1 part.]
As added by P.L.1-1998, SEC.23.