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.
As added by P.L.1-1998, SEC.31.
Last modified: May 24, 2006