reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 32. Commencement of Action: Notice and Publication › Chapter 1. Notice and Publication › 34-32-1-3. Notice; Publication

Sec. 3. (a) This section applies when notice concerning:
(1) an action;
(2) a proceeding;
(3) a sale under execution; or
(4) any other matter;
is required by law to be given by publication in a newspaper.
(b) To establish compliance, the person whose duty it was to cause the publication to be made may file an affidavit in the clerk's office.
(c) The affidavit described in subsection (b) must:
(1) be attached to a copy of the notice taken from the newspaper in which the notice was published;
(2) be the affidavit of:
(A) the printer; or
(B) a person who:
(i) is employed by the printer as a clerk or printer; and
(ii) is of competent age; and
(3) specify the county, the time, and the newspaper in which the notice was published.
[Pre-1998 Recodification Citation: 34-1-18-8.]
As added by P.L.1-1998, SEC.28.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 33. Commencement of Action: Service of Process › Chapter 1. Service of Process on Agent of a Nonresident Corporation › 34-33-1-1. Service of Process Upon Agent Authorized

Sec. 1. (a) This section applies to a civil action brought in any court of this state against:
(1) a firm;
(2) a copartnership;
(3) a limited liability company;
(4) an association;
(5) a railroad; or
(6) an other corporation;
that is in the hands of a receiver who is not domiciled within Indiana.
(b) Process may be served upon an agent of the receiver or other person in charge of and authorized to transact business for and on behalf of the receiver, in Indiana, in the same manner as process is served on domestic or foreign corporations.
[Pre-1998 Recodification Citation: 34-2-1-1.]
As added by P.L.1-1998, SEC.29.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 33. Commencement of Action: Service of Process › Chapter 2. Service of Process on Agent Representing Nonresident Directors of Corporations › 34-33-2-1. Service Upon Resident Agent Authorized

Sec. 1. (a) In an action commenced in a court of general jurisdiction in Indiana by or against any corporation incorporated under the laws of Indiana, in which one (1) or more of the directors of the corporation is:
(1) a necessary or proper party; and
(2) a nonresident of Indiana;
service of summons upon a director for the purpose of obtaining jurisdiction of the person of the director in the action is obtained by serving the summons on the resident agent of the corporation.
(b) If service of process is made upon the resident agent of a corporation, the resident agent shall forward a copy of the process by registered mail to the director at the director's last known address. Service made under this chapter is returnable in not less than thirty (30) days.
[Pre-1998 Recodification Citation: 34-2-2-1.]
As added by P.L.1-1998, SEC.29.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 33. Commencement of Action: Service of Process › Chapter 2. Service of Process on Agent Representing Nonresident Directors of Corporations › 34-33-2-2. Appointment of Agent for Process; Automatic Appointment Predicated on Acceptance of Position of Director

Sec. 2. (a) This section applies to a person who:
(1) is a nonresident of Indiana; and
(2) accepts an election or appointment as a director or serves as a director in a corporation organized under the laws of Indiana.
(b) By and as a condition of:
(1) accepting an election or appointment as a director; or
(2) serving as a director;
a person described in subsection (a) automatically appoints the resident agent of the corporation as the person's agent upon whom process may be served in an action commenced by or against the corporation and in which the person is a proper or necessary party.
[Pre-1998 Recodification Citation: 34-2-2-2.]
As added by P.L.1-1998, SEC.29.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 33. Commencement of Action: Service of Process › Chapter 3. Service of Process on Nonresident Motor Vehicle Operators › 34-33-3-1. Operation of Vehicle as Appointment of Secretary of State as Attorney for Service of Process

Sec. 1. (a) This chapter applies to:
(1) a nonresident;
(2) a resident of Indiana who becomes a nonresident; or
(3) the authorized agent of a person described in subdivision (1) or (2);
who operates a motor vehicle upon a public street or highway or any other place in Indiana.
(b) The operation of a motor vehicle by a person described in subsection (a) is considered to be an appointment by the person of the secretary of state to be the person's attorney upon whom process may be served in any action or proceeding against the person arising from an accident or collision in which the person may be involved while operating or permitting to be operated a motor vehicle on a street or highway or any other place in Indiana.
(c) The operation is an agreement that process against the person has the same legal force and validity as if served upon the person personally.
(d) The appointment of the secretary of state is irrevocable and binding upon the executor or administrator of the person.
[Pre-1998 Recodification Citation: 34-2-2.5-1.]
As added by P.L.1-1998, SEC.29.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 33. Commencement of Action: Service of Process › Chapter 3. Service of Process on Nonresident Motor Vehicle Operators › 34-33-3-2. Venue

Sec. 2. An action may be filed in the county:
(1) where the plaintiff resides; or
(2) where the accident or collision occurred;
at the election of the plaintiff. Service of process shall be made on the secretary of state in accordance with Trial Rule 4.10 of the Indiana Rules of Trial Procedure, together with the fee set forth in IC 23-0.5-9-56. The service is sufficient service upon the person if notice of service and a copy of the process are immediately sent by registered mail to the defendant and the defendant's return receipt is appended to the original process and filed in the court.
[Pre-1998 Recodification Citation: 34-2-2.5-2.]
As added by P.L.1-1998, SEC.29. Amended by P.L.177-2019, SEC.34.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 33. Commencement of Action: Service of Process › Chapter 3. Service of Process on Nonresident Motor Vehicle Operators › 34-33-3-3. Refusal of Defendant to Claim Registered Mail; Affidavit; Fee

Sec. 3. If a defendant refuses to accept or claim registered mail, the secretary of state shall return the registered mail to the plaintiff or to the plaintiff's attorney. The mail shall be appended to the original process, together with an affidavit of the plaintiff or of the attorney or agent that the summons was delivered to the secretary of state in accordance with Trial Rule 4.10 of the Indiana Rules of Trial Procedure, together with the fee set forth in IC 23-0.5-9-56, and was returned unclaimed by the United States Postal Service. The affidavit, together with the returned envelope including the summons, is considered sufficient service upon the defendant.
[Pre-1998 Recodification Citation: 34-2-2.5-3.]
As added by P.L.1-1998, SEC.29. Amended by P.L.177-2019, SEC.35.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 33. Commencement of Action: Service of Process › Chapter 3. Service of Process on Nonresident Motor Vehicle Operators › 34-33-3-4. Death of Nonresident Before Commencement of Action

Sec. 4. If a nonresident dies before the commencement of an action brought under this chapter (or IC 34-2-2.5 before its repeal), service of process shall be made on the executor or administrator of the nonresident in the same manner and with the same notice as is provided for the nonresident.
[Pre-1998 Recodification Citation: 34-2-2.5-4.]
As added by P.L.1-1998, SEC.29.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 33. Commencement of Action: Service of Process › Chapter 3. Service of Process on Nonresident Motor Vehicle Operators › 34-33-3-5. Death of Nonresident After Commencement of Action

Sec. 5. If a nonresident dies after an action has been commenced under this chapter (or IC 34-2-2.5 before its repeal) by service of process upon the nonresident, the court shall allow the action to be continued against the executor or administrator upon motion with notice that the court considers proper.
[Pre-1998 Recodification Citation: 34-2-2.5-5.]
As added by P.L.1-1998, SEC.29.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 33. Commencement of Action: Service of Process › Chapter 3. Service of Process on Nonresident Motor Vehicle Operators › 34-33-3-6. Continuances

Sec. 6. The court in which an action is brought may order continuances that are reasonable to afford the defendant opportunity to defend the action.
[Pre-1998 Recodification Citation: 34-2-2.5-6.]
As added by P.L.1-1998, SEC.29.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 33.1. Authority of the Attorney General › Chapter 1. Authority of the Attorney General to Intervene in Cases Challenging the Constitutionality of a Statute, Ordinance, or Franchise › 34-33.1-1-1. Authority of the Attorney General to Intervene to Defend the Constitutionality of a State Statute; Duty of the Court to Notify the Attorney General

Sec. 1. (a) If the constitutionality of a state statute, ordinance, or franchise affecting the public interest is called into question in an action, suit, or proceeding in any court to which any agency, officer, or employee of the state is not a party, the court shall certify this fact to the attorney general and shall permit the attorney general to intervene on behalf of the state and present:
(1) evidence that relates to the question of constitutionality, if the evidence is otherwise admissible; and
(2) arguments on the question of constitutionality.
(b) If a party to an action bases its claim or defense on:
(1) a statute or executive order administered by a state officer or agency; or
(2) a rule, order, requirement, or agreement issued or made under the statute or executive order;
the attorney general shall be permitted to intervene in the action.
As added by P.L.40-2010, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 33.1. Authority of the Attorney General › Chapter 1. Authority of the Attorney General to Intervene in Cases Challenging the Constitutionality of a Statute, Ordinance, or Franchise › 34-33.1-1-2. Authority of the Attorney General to File an Amicus Brief

Sec. 2. The state, by the attorney general, may file an amicus curiae brief in any matter pending in any state court without the consent of the parties or leave of the court. The attorney general shall file the amicus curiae brief within the time allowed for the party with whom the state is substantively aligned to file the party's brief or petition. However, for good cause shown, a court may permit the attorney general to file a belated amicus curiae brief. If the court permits the filing of a belated amicus curiae brief, the court shall set a deadline for an opposing party to file a reply brief.
As added by P.L.40-2010, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 34. Repealed

[Pre-1998 Recodification Citations:
34-34-1-1formerly 34-1-4-134-34-1-2formerly 34-1-4-2(a)34-34-1-3formerly 34-1-4-2(b)34-34-1-4formerly 34-1-4-2(c)34-34-1-5formerly 34-1-4-334-34-1-6formerly 34-1-4-434-34-1-7formerly 34-1-4-634-34-1-8formerly 34-1-4-734-34-1-9formerly 34-1-4-834-34-2-1formerly 34-2-27-1 part34-34-2-2formerly 34-2-27-1 part34-34-2-3formerly 34-2-27-1 part.]
Repealed by P.L.2-2002, SEC.128.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 1. Change of Venue Generally › 34-35-1-1. Application; Causes

Sec. 1. The court or the judge shall change the venue of any civil action upon the application of either party, made upon affidavit showing one (1) or more of the following causes:
(1) The judge has been engaged as counsel in the cause before the judge's election or appointment as judge or is otherwise interested in the cause.
(2) The judge is of kin to either party.
(3) The opposite party has an undue influence over the citizens of the county, or an odium attaches to the applicant or to the applicant's cause of action or defense, on account of local prejudice.
(4) The county is a party to the suit.
(5) Showing to the satisfaction of the court that the convenience of witnesses and the ends of justice would be promoted by the change.
(6) The judge of the court in which the action is pending is a material witness for the party applying for the change.
(7) Either party makes and files an affidavit of the bias, prejudice, or interest of the judge before whom the cause is pending.
[Pre-1998 Recodification Citation: 34-1-13-1.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 1. Change of Venue Generally › 34-35-1-2. Designation of County; Trial; Costs

Sec. 2. (a) This section applies when a change of venue is directed for any of the causes mentioned in section 1(3), 1(4) and 1(5) of this chapter.
(b) The court or judge shall:
(1) designate the county to which the venue shall be changed, which may be in the same or in an adjoining circuit, as is considered best for the furtherance of justice; and
(2) prescribe the time within which the applicant shall pay the costs of the change.
(c) The clerk of the court in which the suit is pending, as soon as the costs of the change are paid, shall immediately transmit:
(1) all the papers; and
(2) a transcript of all the proceedings;
to the clerk of the court of the county to which the venue is changed.
(d) The clerk of the proper court shall:
(1) receive the papers and transcript;
(2) give a receipt for items received under subdivision (1); and
(3) docket the action in its order among the other causes of the court.
(e) The action shall stand for trial and shall be tried or otherwise disposed of in the same manner as if the cause had originated in that court.
(f) If the party fails to pay the costs of the change within the time prescribed by the court, the party:
(1) shall be taxed with all the costs made in the case up to the time of the failure to pay costs; and
(2) is not entitled to a change of venue from the county.
(g) Only one (1) change of venue shall be granted to the same party from the county, and only one (1) from the judge.
[Pre-1998 Recodification Citation: 34-1-13-2.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 1. Change of Venue Generally › 34-35-1-3. Presiding Judge; Attorney Appointed as Judge

Sec. 3. (a) This section applies when the change of venue is granted for any of the causes mentioned in section 1(1), 1(2), 1(6), or 1(7) of this chapter.
(b) Except as provided in subsection (c), the court or judge shall call a judge of any circuit, superior, or other court of general jurisdiction, or any justice of the supreme court, to preside in and try the case.
(c) If it is difficult, in the opinion of the court, for any cause, to procure the attendance of a judge described in subsection (b), the court, in order to prevent delay, may appoint any competent and disinterested attorney of Indiana, in good standing, to act as judge in the cause. If the attorney appointed under this subsection consents to serve:
(1) the attorney shall be qualified as other judges;
(2) the attorney's appointment and oath shall be filed with the clerk and entered on the order book; and
(3) the attorney has authority to:
(A) hear and determine the cause until it is finally disposed of; or
(B) change the venue of the cause in proper cases.
[Pre-1998 Recodification Citation: 34-1-13-3.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 1. Change of Venue Generally › 34-35-1-4. Compensation for Judge Pro Tempore and Special Judges

Sec. 4. (a) When a practicing attorney is called upon to preside in the place of the regular judge as a judge pro tempore, the attorney shall be allowed the following:
(1) The sum of twenty dollars ($20) per day for each day or part of a day actually served.
(2) For each mile necessarily traveled each day in going to and returning from the place where the court is being held, a sum for mileage equal to that sum per mile paid to state officers and employees. The rate per mile shall change each time the state government changes its rate per mile.
(b) If such judge pro tempore is a resident of another county, the judge pro tempore shall be paid an additional sum of twenty dollars ($20) for each day or part of a day actually served, making a total of forty dollars ($40).
(c) The judge pro tempore shall be paid on the presentation of:
(1) an order made by the court for the allowance, specifying the days of service and mileage, if any, supported by the affidavit of the judge pro tempore that the judge pro tempore actually served the days, and the miles traveled were necessary; and
(2) an affidavit of the regular judge stating the reason for the service of the judge pro tempore.
(d) The payment under subsection (c) shall be paid out of the county treasury for the time being, for which the county shall have credit on settlement with the treasurer of state.
(e) In change of venue from one (1) court to another court of the same county, or from one (1) judge to another judge of the same county, the compensation provided for in this section does not apply, unless the other court or judge to which the change is taken is situated in another city in the same county.
(f) A full-time judge of a circuit or superior court may not be paid compensation for serving as a special judge, except reasonable expenses for meals, lodging, travel, and other incidental expenses approved by the state court administrator.
[Pre-1998 Recodification Citation: 34-1-13-4.]
As added by P.L.1-1998, SEC.31. Amended by P.L.201-2011, SEC.109.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 1. Change of Venue Generally › 34-35-1-5. Absence or Loss of Judge; Selection of Attorney to Serve as Temporary Judge

Sec. 5. (a) This section applies if a judge is prevented from presiding during any session of court by reason of:
(1) death, sickness, or other casualty; or
(2) the judge's failure to attend or appear for any period of three (3) days;
so that the court will lapse.
(b) The sheriff may adjourn the court from day to day.
(c) If the judge fails to appear under subsection (a)(2):
(1) the clerk, the sheriff, and the auditor; or
(2) in case of the absence of the clerk, the sheriff, or the auditor, the two (2) who are present, together with the recorder of the county;
may elect any competent and reputable attorney to act as judge.
(d) If the attorney elected under subsection (c) accepts, the attorney shall qualify as other judges, and the attorney's appointment, with the reason for the appointment and the attorney's oath, shall be entered on the order book.
(e) A judge selected under this section (or IC 34-1-13-5 before its repeal) may preside until:
(1) the return of the regular judge;
(2) in case of death, until the judge's successor is named; or
(3) in case of vacancy or if the judge is required to be absent, until a successor is named by the proper authority.
[Pre-1998 Recodification Citation: 34-1-13-5.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 2. Change of Venue From County in Civil Actions › 34-35-2-1. Counties With Two or More Adjoining Counties

Sec. 1. (a) This section applies when a change of venue is taken from the county in any civil action pending in any circuit, superior, or probate court of Indiana from any county having two (2) or more adjoining counties.
(b) If the parties to the action agree in open court within three (3) days from the filing of the affidavit or motion for the change of venue upon the county to which 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), within two (2) days the court shall submit to the parties a written list of all the counties adjoining the county from which the venue is changed. Within two (2) days of receiving the list, the parties shall alternately strike off the names of the counties except one (1). The moving party for the change of venue is the first to strike, and the action shall be sent to the county not stricken off under this procedure.
[Pre-1998 Recodification Citation: 34-2-9-1 part.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 2. Change of Venue From County in Civil Actions › 34-35-2-2. Counties With Populations of at Least 100,000

Sec. 2. (a) This section applies to a county with a population of at least one hundred thousand (100,000) that is adjoined by three (3) or fewer other counties.
(b) In addition to listing the adjoining counties, the court shall also list the two (2) 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. The additional two (2) nonadjoining counties shall, together with the adjoining counties, comprise the original list from which the parties shall strike on all initial changes of venue taken from the county in which the cause is first filed.
[Pre-1998 Recodification Citation: 34-2-9-1 part.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 2. Change of Venue From County in Civil Actions › 34-35-2-3. Nonadjoining Counties; Prior Change of Venue

Sec. 3. (a) 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 submitted by the court.
(b) If excluding the county from which venue was first changed results in fewer than three (3) adjoining counties, the list submitted by the court shall include the following:
(1) The adjoining county or counties.
(2) Not more than three (3) nonadjoining counties, the county seats of which are nearest to the county seat of the county from which the change of venue is sought when measured along improved and main traveled highways.
[Pre-1998 Recodification Citation: 34-2-9-1 part.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 2. Change of Venue From County in Civil Actions › 34-35-2-4. Counties Stricken From List by Parties

Sec. 4. Each party may strike off one (1) of the three (3) counties submitted within two (2) days after the list is submitted, and the action shall be sent to the county remaining. If either of the parties refuses or fails to strike off the names of the counties within the time limit, the clerk of the court shall strike off the names for the party.
[Pre-1998 Recodification Citation: 34-2-9-1 part.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 2. Change of Venue From County in Civil Actions › 34-35-2-5. Counties With Populations of More Than 400,000 and Less Than 700,000

Sec. 5. (a) This section applies in a county having a population of more than four hundred thousand (400,000) and 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.
[Pre-1998 Recodification Citation: 34-2-9-1 part.]
As added by P.L.1-1998, SEC.31. Amended by P.L.11-2023, SEC.110.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 3. Change of Venue in Specific Circumstances › 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.
[Pre-1998 Recodification Citation: 34-2-9-1 part.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 3. Change of Venue in Specific Circumstances › 34-35-3-2. Decedent's Estate; Change of Judge or Venue Authorized

Sec. 2. (a) This section applies in any action, proceeding, or matter, of any character or nature whatever, relating to, connected with, or involving the estate of a decedent.
(b) Except as provided in subsection (c), any of the parties to the action, proceeding, or matter are entitled to:
(1) a change of judge; or
(2) a change of venue from the county;
for the same reasons, and upon the same terms and conditions, upon which there may be a change of judge or a change of venue from the county in any civil action.
(c) This section does not authorize:
(1) a change of venue from the county of the administration of the estate of a decedent; or
(2) a change of venue from the county upon the exceptions to the final report of an administrator or executor;
and there shall be no change of venue from the county upon exceptions to the final report of an administrator or executor.
[Pre-1998 Recodification Citation: 34-2-10-1.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 3. Change of Venue in Specific Circumstances › 34-35-3-3. Nonjury Cases; Applications and Affidavit

Sec. 3. (a) This section applies when any matter of a civil, statutory, or equitable nature not triable by a jury is pending.
(b) The judge before whom the cause is pending shall change the venue upon the application of either party to the cause, made upon affidavit, of either party or the party's attorney, showing any one (1) or more of the reasons named in the Indiana statutes authorizing changes of venue from the judge in civil actions.
(c) The presiding judge shall appoint a special judge to hear such cause in the manner provided by law for changes of venue in civil actions.
[Pre-1998 Recodification Citation: 34-2-12-1.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 4. Change of Venue in Cases on Remand › 34-35-4-1. 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.
[Pre-1998 Recodification Citation: 34-2-13-1.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 4. Change of Venue in Cases on Remand › 34-35-4-2. Affidavit of Judicial Bias or Prejudice

Sec. 2. (a) This section applies where:
(1) an appeal to the court of appeals or the supreme court has been taken from a judgment rendered against any party, and the judgment is reversed with the cause remanded for a new trial; or
(2) the action of the trial court in granting a new trial is affirmed on appeal.
(b) Either party in the cause is entitled to a change of venue from the judge before whom the cause is pending, notwithstanding any changes of venue previously taken, upon filing an affidavit stating that the party cannot have a fair trial of the cause before that judge because of bias or prejudice on the part of the judge before whom the cause is pending.
(c) The judge shall grant the requested change, and it is unlawful for any judge so challenged to appoint in that case as special judge any relative by blood or marriage of the judge.
[Pre-1998 Recodification Citation: 34-2-14-1.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 5. Reimbursement for Expenses Incurred by Change of Venue › 34-35-5-1. Originating County to Pay Expenses of Change of Venue

Sec. 1. In all cases, civil, criminal, or otherwise, where there is a change of venue from one (1) county to another, the county in which the cause originated and from which the change of venue is taken shall pay to the county to which the change of venue is taken all expenses incurred by the county to which the change of venue is taken.
[Pre-1998 Recodification Citation: 34-2-15-1(a) part.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 5. Reimbursement for Expenses Incurred by Change of Venue › 34-35-5-2. Expenses to Be Paid by Originating County

Sec. 2. Expenses to be paid under section 1 of this chapter include the following:
(1) The expense of keeping the prisoner, if any.
(2) The expense of transporting the prisoner to or from any penal institution.
(3) Any extraordinary expense for safekeeping the prisoner.
(4) The fee set by the venue court under IC 33-40-2-5 for pauper counsel, if counsel was appointed by that court.
(5) The expense of any mileage, meals, lodging, and per diems paid for or to jurors.
(6) The per diems paid jury administrators for drawing any special venire.
(7) The sum of five dollars ($5) for each day or part of a day a bailiff is engaged in assisting the court in the trial of the cause.
(8) The sum of eight dollars ($8) for each day or part of a day an official court reporter takes evidence or testimony before the judge or jury concerning the cause.
(9) The sum of ten dollars ($10) per day for each day of trial for use of facilities and utilities.
(10) The sum of five dollars ($5) for notifying the jury not to attend court after having been summoned in any cause.
(11) The amount of telephone or telegraph communications made by the court or authorized by it.
[Pre-1998 Recodification Citation: 34-2-15-1(a) part.]
As added by P.L.1-1998, SEC.31. Amended by P.L.98-2004, SEC.132; P.L.118-2007, SEC.28; P.L.78-2014, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 5. Reimbursement for Expenses Incurred by Change of Venue › 34-35-5-3. Refund

Sec. 3. If any of the amounts specified in section 2 of this chapter are paid by any party against whom costs are taxed under IC 33-37-4-8, the amount paid shall be refunded to the county of origin.
[Pre-1998 Recodification Citation: 34-2-15-1(a) part.]
As added by P.L.1-1998, SEC.31. Amended by P.L.98-2004, SEC.133.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 5. Reimbursement for Expenses Incurred by Change of Venue › 34-35-5-4. Audit and Certification

Sec. 4. (a) Expenses shall be audited and allowed by the court to which the cause is venued. The allowance shall be certified by the court in duplicate to the auditor of the county, who shall:
(1) retain one (1) of the certificates of allowance in the auditor's office; and
(2) mail by certified mail the duplicate certificate of allowance to the auditor of the county in which the cause originated and from which such expenses are due.
(b) The auditor of the county in which the cause originated shall enter the duplicate certificate of allowance as a claim against the county in which the cause originated on the claim docket of the auditor's office for allowance by the board of county commissioners of the county at their next regular or special session. The certificate of allowance shall be allowed by the board of county commissioners unless it is contested and proved incorrect as provided in this chapter.
[Pre-1998 Recodification Citation: 34-2-15-1(a) part.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 5. Reimbursement for Expenses Incurred by Change of Venue › 34-35-5-5. Court Reporting Fee

Sec. 5. Of any amount allowed for per diem of an official court reporter charged as expenses against the county of origin of any case, the sum of eight dollars ($8) shall be paid to the reporter as provided in this chapter.
[Pre-1998 Recodification Citation: 34-2-15-1(b).]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 5. Reimbursement for Expenses Incurred by Change of Venue › 34-35-5-6. Bailiff Fee

Sec. 6. Of the amount allowed for per diem of a bailiff charged as expenses against the county of origin of any case, the sum of five dollars ($5) shall be paid to the bailiff as provided in this chapter.
[Pre-1998 Recodification Citation: 34-2-15-1(c).]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 5. Reimbursement for Expenses Incurred by Change of Venue › 34-35-5-7. Multiple Proceedings

Sec. 7. Not more than one (1) per diem or charge for the official reporting or for use of facilities and utilities shall be made against any county of origin of the causes for the same day. However, if two (2) or more proceedings are conducted in two (2) or more separate causes from any county or counties of origin on the same day, the court shall allocate the charges for any such cause as it may determine. The per diem for the official court reporter or bailiff shall be paid by the county of trial in the first instance and reimbursement for that payment may be obtained from the county of origin.
[Pre-1998 Recodification Citation: 34-2-15-1(e).]
As added by P.L.1-1998, SEC.31. Amended by P.L.78-2014, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 5. Reimbursement for Expenses Incurred by Change of Venue › 34-35-5-8. Repealed

[Pre-1998 Recodification Citation: 34-2-15-1(f).]
As added by P.L.1-1998, SEC.31. Repealed by P.L.78-2014, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 5. Reimbursement for Expenses Incurred by Change of Venue › 34-35-5-9. Auditor Records; Payment of Warrants

Sec. 9. (a) The county auditor of each county shall keep correctly the accounts of the auditor's county with the county:
(1) from which the expenses of change of venue are due; or
(2) to which the expenses are paid.
(b) The county auditor shall transmit by registered mail all warrants issued for the payment of the expenses of change of venue to the auditor of the county entitled to the payment.
(c) Except as provided in subsection (e), payments described in subsection (b) shall be made quarterly, on the last day of March, June, September, and December in each year.
(d) The auditor of the county receiving the payment shall immediately:
(1) pay the warrants into the county treasury of the county receiving the payment;
(2) transmit to the auditor of the county making such payment the quietus for the payment, to be filed with the paid claim; and
(3) advise the clerk of the circuit court of the county receiving the payment.
When notified of a payment under this section, the clerk shall note the payment on the clerk's record.
(e) If the date of making the quarterly settlement falls on Sunday, the settlement shall be made on the preceding day.
[Pre-1998 Recodification Citation: 34-2-15-2.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 5. Reimbursement for Expenses Incurred by Change of Venue › 34-35-5-10. County Council; Duties

Sec. 10. The county council of each county shall provide for the payment of any claim filed in accordance with this chapter.
[Pre-1998 Recodification Citation: 34-2-15-3 part.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 5. Reimbursement for Expenses Incurred by Change of Venue › 34-35-5-11. Counties; Recovery of Expenses

Sec. 11. (a) This section applies if:
(1) a suit is instituted by any county for the recovery of any expenses incurred by the county on account of change of venue; or
(2) a county is required to defend its claim for change of venue expenses.
(b) The court trying the cause shall allow:
(1) the necessary traveling expenses to the proper officers; and
(2) a reasonable attorney's fee;
to be taxed as a part of the costs in the cause.
[Pre-1998 Recodification Citation: 34-2-15-3 part.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 6. Collection and Payment of Fees Included in Transcript of Costs for Change of Venue Cases › 34-35-6-1. Duties of Circuit Court Clerk

Sec. 1. (a) In all cases where a change of venue is taken from one (1) county to another, the clerk of the circuit court or superior court of the county in which final disposition is made of the cause, shall, within sixty (60) days after the costs are paid, transmit by check to the clerk of the circuit court or superior court of the county in which the costs were accrued.
(b) The check described in subsection (a) must be for an amount equal to all costs which have been included in the transcript.
(c) The clerk receiving the check shall mail a receipt for the amount of the check to the clerk that sent the check. The clerk that receives the receipt shall file the receipt in the clerk's office to be a part of the permanent records of the office.
(d) The clerk who collects the costs shall set out upon the register of fees and also upon the fee book where the costs are taxed a marginal note stating the date, amount, number of check, and the clerk to whom the fees and costs were transmitted.
[Pre-1998 Recodification Citation: 34-2-16-1.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 6. Collection and Payment of Fees Included in Transcript of Costs for Change of Venue Cases › 34-35-6-2. Itemized Statement of Costs

Sec. 2. The clerk of the circuit court shall furnish a statement with each remittance of change of venue costs. Statements described in this section must:
(1) show in detail the cause number in the county to which remittance is made, title of case, and the items of costs paid; and
(2) be made on forms prescribed by the state board of accounts.
[Pre-1998 Recodification Citation: 34-2-16-2.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 7. Collection of Costs in Change of Venue Cases › 34-35-7-1. Itemized Transcript of Cost; Certification

Sec. 1. (a) This section applies to an action in which:
(1) a change of venue from the county is taken;
(2) an order of judgment for costs is made and entered upon dismissal or otherwise disposed of; and
(3) the costs remain unpaid for thirty (30) days from the date of finality of the order or judgment.
(b) The clerk of the circuit court of the county in which the order or judgment is made and entered, shall certify an itemized transcript of all costs accrued in the action to:
(1) the clerk of the court of the county where the action was first filed; or
(2) the clerk of the court of the county of residence of the judgment debtor, if the residence of the judgment debtor is in a county other than where the action first originated.
[Pre-1998 Recodification Citation: 34-2-17-1.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 7. Collection of Costs in Change of Venue Cases › 34-35-7-2. Judgment for Cost; Recording; Lien; Receipt

Sec. 2. (a) The clerk of the court to which the transcript is sent shall immediately record the order or judgment upon the judgment docket of the circuit court of the county in the same manner as other judgments are recorded. The judgment is a lien on properties and land owned by the judgment debtor in the county in the same manner and to the same extent as if the property were situated in the county where the order or judgment was rendered.
(b) The clerk transmitting the transcript shall:
(1) make a notation in the records of the court in which the action was entered and the order or judgment was recorded, showing:
(A) the name of the county and court to which the transcript was transmitted;
(B) the date of transmittal; and
(C) any other necessary notation;
(2) prepare a receipt for the receiving clerk that shows:
(A) the name of judgment debtor;
(B) title and number of cause;
(C) amount of costs;
(D) to whom the costs are due; and
(E) record reference wherein recorded by both the receiving and sending clerk; and
(3) complete, date, sign, and return the receipt to the sending clerk to be filed with other papers relating to the action.
[Pre-1998 Recodification Citation: 34-2-17-2.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 7. Collection of Costs in Change of Venue Cases › 34-35-7-3. Duty of Receiving Court to Collect Costs

Sec. 3. (a) This section applies after the transcript of costs is certified to the clerk of the court of:
(1) the county where the action first originated; or
(2) the county of residence of the judgment debtor.
(b) The clerk of the court of the county in which the order or judgment was rendered may not:
(1) collect costs; or
(2) issue a fee bill, execution, or statement thereafter.
(c) The clerk of the court receiving and recording the transcript shall accept payment of costs from the judgment debtor or enforce collection by execution or fee bill as provided by law.
[Pre-1998 Recodification Citation: 34-2-17-3.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 7. Collection of Costs in Change of Venue Cases › 34-35-7-4. Remission of Cost Collected to Proper Counties

Sec. 4. Upon collection of change of venue costs by the clerk of the court of:
(1) the county where the action first originated; or
(2) the county of residence of the judgment debtor;
the clerk shall immediately remit to the county or counties entitled to payment all costs as shown by the transcript and retain costs that are due to the clerk's own county. Clerks of courts receiving payment of costs under this section shall account for and distribute the costs as provided by law.
[Pre-1998 Recodification Citation: 34-2-17-4.]
As added by P.L.1-1998, SEC.31.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 35. Change of Venue › Chapter 7. Collection of Costs in Change of Venue Cases › 34-35-7-5. Recording Fees

Sec. 5. The clerks of the courts issuing and recording the transcript shall tax as additional costs, to be paid by the judgment debtor, the fees taxed in similar matters as provided by IC 33-37.
[Pre-1998 Recodification Citation: 34-2-17-5.]
As added by P.L.1-1998, SEC.31. Amended by P.L.98-2004, SEC.134.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 36. Juries › Chapter 1. Trial by Jury › 34-36-1-1. Submission or Argument; Opening and Closing

Sec. 1. (a) The parties may either submit or argue a case to the jury.
(b) In the argument, the party with the burden of the issue has the opening and closing. The party who opens must disclose in the opening all the points relied on in the cause. If, in the closing, the party who closes refers to any new point or fact not disclosed in the opening, the adverse party has the right of replying to the new point or fact. The adverse party's reply closes the argument in the case.
[Pre-1998 Recodification Citation: 34-1-21-1.]
As added by P.L.1-1998, SEC.32.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 36. Juries › Chapter 1. Trial by Jury › 34-36-1-2. Notes of Evidence

Sec. 2. When requested by either party, the court shall take brief notes of the evidence of the parties in the order in which the evidence is introduced in the trial.
[Pre-1998 Recodification Citation: 34-1-21-2.]
As added by P.L.1-1998, SEC.32.