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34-35-1-3. Presiding judge; attorney appointed as judge

IN Code § 34-35-1-3 (2019) (N/A)
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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.

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