Sec. 2. (a) This section applies when a change of venue is directed for any of the causes mentioned in section 1(3), 1(4) and 1(5) of this chapter.

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Terms Used In Indiana Code 34-35-1-2

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Docket: A log containing brief entries of court proceedings.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
     (b) The court or judge shall:

(1) designate the county to which the venue shall be changed, which may be in the same or in an adjoining circuit, as is considered best for the furtherance of justice; and

(2) prescribe the time within which the applicant shall pay the costs of the change.

     (c) The clerk of the court in which the suit is pending, as soon as the costs of the change are paid, shall immediately transmit:

(1) all the papers; and

(2) a transcript of all the proceedings;

to the clerk of the court of the county to which the venue is changed.

     (d) The clerk of the proper court shall:

(1) receive the papers and transcript;

(2) give a receipt for items received under subdivision (1); and

(3) docket the action in its order among the other causes of the court.

     (e) The action shall stand for trial and shall be tried or otherwise disposed of in the same manner as if the cause had originated in that court.

     (f) If the party fails to pay the costs of the change within the time prescribed by the court, the party:

(1) shall be taxed with all the costs made in the case up to the time of the failure to pay costs; and

(2) is not entitled to a change of venue from the county.

     (g) Only one (1) change of venue shall be granted to the same party from the county, and only one (1) from the judge.

[Pre-1998 Recodification Citation: 34-1-13-2.]

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

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