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Indiana Code

Ind. Code § 34-35-4-2 (2026)

Affidavit of judicial bias or prejudice

✓ current as of May 2026
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     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.

 

IC 34-35-5Chapter 5. Reimbursement for Expenses Incurred by Change of Venue

 

           34-35-5-1Originating county to pay expenses of change of venue
           34-35-5-2Expenses to be paid by originating county
           34-35-5-3Refund
           34-35-5-4Audit and certification
           34-35-5-5Court reporting fee
           34-35-5-6Bailiff fee
           34-35-5-7Multiple proceedings
           34-35-5-8Repealed
           34-35-5-9Auditor records; payment of warrants
           34-35-5-10County council; duties
           34-35-5-11Counties; recovery of expenses

 

Notes of Decisions
Cited in 2 cases, 2003–2012 · leading case: Garland v. State, 788 N.E.2d 425 (Ind. 2003).
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Garland v. State, 788 N.E.2d 425 (Ind. 2003). · cites it 2× “See Ind.Code Ann. § 34-35-4-2(b) (West 1998).”
James A. Carr v. State of Indiana (Ind. Ct. App. 2012). · cites it 2× “Motion for Change of Judge Carr contends that the trial court erred by not granting his motion for change of judge.”
Ind. Code § 34-35-4-2(b): 1 case
Garland v. State, 788 N.E.2d 425 (Ind. 2003). “See Ind.Code Ann. § 34-35-4-2(b) (West 1998).”
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