Affidavit of undue influence, local prejudice, 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.
As added by P.L.1-1998, SEC.31.
Last modified: May 24, 2006