34-35-1-1. Application; causes

IN Code § 34-35-1-1 (2019) (N/A)
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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.