Sec. 1. (a) In any criminal action, the defendant may request a change of venue from the county by filing a verified motion for change of venue alleging that bias or prejudice against the defendant exists in that county.
(b) When a motion for a change of venue is filed, the court shall hold a hearing on the motion and may grant a change of venue to the most convenient county. When a change of venue is granted, the clerk shall immediately:
(1) make a transcript of the proceedings and orders of the court;
(2) seal the transcript with the original papers; and
(3) deliver them to the sheriff.
The sheriff shall immediately deliver them to the clerk's office of the proper county, and make his return accordingly. However, only one (1) change of venue from the county may be granted.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.311-1983, SEC.48; P.L.170-1984, SEC.5.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 36. Pretrial Notices, Motions, and Procedures
35-36-6-1. Verified Motion by Defendant; Bias or Prejudice; Hearing; Duties of Clerk and Sheriff
35-36-6-2. Trial in Court to Which Venued
35-36-6-3. Transfer of Custody of Defendant
35-36-6-4. New Prosecution; Election of Court by Defendant; Alternative Disposition
35-36-6-5. New Prosecution; Recognizance
35-36-6-6. New Prosecution; New Indictment or Information
35-36-6-7. Failure of Defendant to Elect County of Trial; Remand
35-36-6-8. Costs and Expenses; Liability; Audit, Certification, and Collection
35-36-6-9. Prosecuting Attorney; Pauper Counsel; Appointment; Reimbursement for Fees and Expenses
35-36-6-10. Sheriff; Expenses of Transportation
35-36-6-11. Murder, Level 1, or Level 2 Felony Proceedings; Selection of Jury; Verdict and Judgment