Version b
Venue
Note: This version of section amended by P.L.245-2005, SEC.9.
See also preceding version of this section amended by P.L.238-2005,
SEC.43.
Sec. 3. (a) Venue in a proceeding brought by the attorney general
against a trustee or a trust lies in Marion County, unless a court
determines that venue in Marion County would be a hardship for a
trustee or a trust.
(b) Unless the terms of the trust provide otherwise, venue in a
proceeding brought by a party other than the attorney general for
matters arising under this article shall be exclusively in the county in
which the principal place of administration of the trust is located.
The principal place of administration of a trust is that usual place at
which the records pertaining to the trust are kept or, if there is no
such place, the trustee's residence. If there are cotrustees, the
principal place of administration is either that of the corporate
trustee, if there is only one (1); that of the individual trustee who has
custody of the records, if there is but one (1) such person and there
is no corporate cotrustee; or, if neither of these alternatives apply,
that of any of the cotrustees.
(c) If the principal place of administration is maintained in
another state, venue in this state for any matters arising under this
article shall be in the county stipulated in writing by the parties to the
trust or, if there is no such stipulation, in the county where the trust
property, or the evidence of the trust property, which is the subject
of the action is either situated or generally located.
(d) Any party to an action or proceeding shall be entitled to a
change of venue or change of judge as provided in the Indiana Rules
of Procedure. A change of venue in any action shall not be construed
to authorize a permanent change of venue for all matters arising
under this article, and, upon conclusion of the action, venue shall
return to the court where the action was initiated.
(Formerly: Acts 1971, P.L.416, SEC.7.) As amended by
P.L.245-2005, SEC.9.
Last modified: May 27, 2006