§ 34-35-3-1 Multiple plaintiffs or defendants

Codes > Indiana Code > Title 34 > Article 35 : Chapter 3 > 34-35-3-1 Multiple

34-35-3-1 Multiple plaintiffs or defendants

    Sec. 1. (a) This section applies if there are multiple plaintiffs or multiple defendants in a civil action.

    (b) There shall be allowed only one (1) change of venue from the county to all plaintiffs and one (1) change of venue from the county to all defendants.

    (c) If a plaintiff files a change of venue from the county, all plaintiffs shall be considered the moving party, and all of the defendants shall be considered the nonmoving party. If the defendants file the change of venue from the county, all of the plaintiffs shall be considered the nonmoving party, and all of the defendants shall be considered the moving party. If there are multiple parties that constitute either the moving party or the nonmoving party, the decision of the majority of such parties is final as to naming the two (2) counties and as to the striking of one (1).

    (d) If there is no majority agreement as to the naming of the two (2) counties between the nonmoving parties, the suggested counties shall be submitted to the court by the nonmoving parties and the court shall select the two (2) counties from the list to be named.

    (e) If there is no majority agreement between the moving parties as to which county shall be struck, the clerk shall do the following:

        (1) Place each named county on similar unidentifiable slips of paper.

        (2) Place the slips of paper in a suitable container.

        (3) Draw the name of one (1) county from the container without prior identification.

    Both parties shall be given an opportunity to be present at the drawing of the name. The clerk shall then strike the name of the county that appeared on the slip of paper so that the action shall then be venued to the remaining named county.