Indiana Code 34-35-4-1. Affidavit of undue influence, local prejudice, or inconvenience
(1) an appeal to the court of appeals or supreme court of the state of Indiana has been taken from a judgment rendered against any party; and
Terms Used In Indiana Code 34-35-4-1
- 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.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- 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) Either party in the cause is entitled to a change of venue from the county notwithstanding any changes of venue already taken, upon filing an affidavit:
(1) stating that:
(A) the opposite party has an undue influence over the citizens of the county;
(B) an odium attaches to the applicant, or to the applicant’s cause of action or defense, on account of local prejudice; or
(C) the county is a party to the suit; or
(2) showing to the satisfaction of the court that the convenience of witnesses and the ends of justice would be promoted by the change.
(c) All laws and parts of laws defining rights and duties in order to perfect a change of venue from the county in original actions and proceedings apply with equal force to the change of venue provided by this section.
[Pre-1998 Recodification Citation: 34-2-13-1.]
As added by P.L.1-1998, SEC.31.