Counties with populations of more than 400,000 but less than
700,000
Sec. 5. (a) This section applies in a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000).
(b) Whenever a change of venue is taken from the county in any
civil action pending in any circuit, superior, or probate court of
Indiana, if the parties to the action agree in open court within three
(3) days from the date of the filing of the affidavit or motion for
change of venue from the county to which county the change of
venue of the action shall be changed, it is the duty of the court to
send, transfer, and venue the action to the agreed upon county.
(c) In the absence of an agreement described in subsection (b), the
nonmoving party shall, within two (2) days after receipt of notice of
the filing of change of venue from the county, submit to the moving
parties the names of two (2) counties which must be selected from
the adjoining counties or the five (5) nonadjoining counties, the
county seats of which are nearest measured along the most direct
improved and main traveled highways to the county seat of the
county from which the change of venue is sought.
(d) If the venue of the action has already been changed from an
adjoining county, the name of the adjoining county shall not be
included in the written list to be submitted by the nonmoving party
under subsection (c).
(e) The moving party shall strike one (1) of the two (2) counties
submitted within two (2) days after receipt of the names of the
counties, and the action shall be sent to the county remaining.
(f) If the nonmoving party fails or refuses to name the counties as
provided in this section, the court shall, not later than two (2) days
after the deadline has expired, name the counties. If the moving party
fails or refuses to strike off the name of one (1) of the named
counties within the time limit provided in this section, the clerk of
the court shall strike off the names for the party within two (2) days.
As added by P.L.1-1998, SEC.31.
Last modified: May 24, 2006