Ind. Criminal Rule 2.4

Effective January 1, 2025

(A) Change of Venue from the County.

The state or defendant may request a change of venue from the county for cause. The

motion must be accompanied by an affidavit signed by the defendant or prosecuting attorney. The affidavit must set forth facts supporting the constitutional or statutory basis for the

change. Any opposing party has ten days to file counter-affidavits.

(B) Change of Judge.

The state or defendant may request a change of judge only for bias or prejudice. The motion

must be accompanied by an affidavit signed by the defendant or prosecuting attorney. The

affidavit must set forth facts and the reasons for the belief that bias or prejudice exists. If the

defendant signs the affidavit, the defendant’s attorney must file a certification that the attorney believes in good faith the facts recited in the affidavit are true. The court must grant the

request if the facts recited in the affidavit support a rational inference of bias or prejudice.

(C) Time Period for Filing Request for Change of Judge or Change of

Venue

(1) Thirty Day Rule.

A party must file the motion within thirty days after the initial hearing. If a court on appeal

remands a case for a new trial, a party must file the motion within thirty days after the

defendant first appears in person before the trial court following remand.

(2) Subsequently Discovered Grounds.

The state or defendant may request a change of venue or change of judge after the above

time limits. The motion must be accompanied by an affidavit signed by the defendant, defendant’s counsel, or prosecuting attorney. The affidavit must set forth with specificity: (a) when

the cause was first discovered; (b) how it was discovered; (c) the facts showing the cause for a

change; and (d) why such cause could not have been discovered before the time set forth

above by the exercise of due diligence. Any opposing party has ten days to file counter-affidavits.

(D) Reassignment of Case or Selecting a Special Judge.

If a change of judge is granted, the case must be reassigned or a special judge selected in

accordance with Administrative Rule 21.

(E) Procedure for Change of Venue from County

(1) By Agreement.

Within seven days after the court enters an order granting a change of venue from the

county, the parties may agree in open court or file a written agreement selecting the county

to which venue is changed. The court will immediately direct the clerk to transfer the action

to such county upon the parties’ agreement.

(2) Without Agreement.

In the absence of such agreement, the court must, within two business days thereafter, submit to the parties a written list of the adjoining counties from which the parties are to strike.

The court may eliminate a county or counties from the list and may substitute another county

or counties where the court finds the grounds for the change exist in one or more of the

adjoining counties, in order to ensure a fair and impartial trial.

(3) Striking Procedure.

The order listing the strikes must include a schedule for striking such that the parties will complete the process within fourteen days. The parties alternatively strike off the names from the

court’s list, with the party filing the first motion for change of venue striking first. The court

must direct the clerk to transfer the action to the county remaining after striking is completed.

(4) Failure to Strike.

If the moving party fails to strike within the time ordered, such party is not entitled to a

change of venue, and the court resumes general jurisdiction of the case. If the non-moving

party fails to strike as ordered, the court must direct the clerk to strike the counties for that

party.

(5) Emergency Powers.

Nothing in this rule should be construed as divesting the original court of its jurisdiction to

hear and determine emergency matters between the time that a motion for change of venue

to another county is filed and the time that the court grants an order for the change of venue.

(6) Authority to Act as Special Judge.

After a court has granted an order for a change of venue to another county, the judge granting the change of venue may be appointed as special judge for that case in the receiving

county if the judge granting the change, the receiving judge, and all parties agree to the

appointment.