§ 34-35-4-2 Affidavit of judicial bias or prejudice

Codes > Indiana Code > Title 34 > Article 35 : Chapter 4 > 34-35-4-2 Affidavit

34-35-4-2 Affidavit of judicial bias or prejudice

    Sec. 2. (a) This section applies where:

        (1) an appeal to the court of appeals or the supreme court has been taken from a judgment rendered against any party, and the judgment is reversed with the cause remanded for a new trial; or

        (2) the action of the trial court in granting a new trial is affirmed on appeal.

    (b) Either party in the cause is entitled to a change of venue from the judge before whom the cause is pending, notwithstanding any changes of venue previously taken, upon filing an affidavit stating that the party cannot have a fair trial of the cause before that judge because of bias or prejudice on the part of the judge before whom the cause is pending.

    (c) The judge shall grant the requested change, and it is unlawful for any judge so challenged to appoint in that case as special judge any relative by blood or marriage of the judge.