§ 34-35-4-1 Affidavit of undue influence, local prejudice, county as party to suit, or inconvenience

Codes > Indiana Code > Title 34 > Article 35 : Chapter 4 > 34-35-4-1 Affidavit

34-35-4-1 Affidavit of undue influence, local prejudice, county as party to suit, or inconvenience

    Sec. 1. (a) This section applies where:

        (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

        (2) the judgment is reversed, and the cause is remanded for a new trial.

    (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.