Indiana § 35-36-5-2 - Other grounds; motion; affidavit; time limitation

§ 35-36-5-2. Other grounds; motion; affidavit; time limitation

Sec. 2. The defendant and the state may obtain a change of judge if the judge:

(1) is biased or prejudiced against the moving party and that the moving party cannot obtain a fair trial before the judge;

(2) is related by blood or marriage to any party to the cause;

(3) is unable to properly perform the functions of his office because of mental or physical disabilities;

(4) is disqualified by reason of any conflict of interest; or

(5) should be disqualified for any other cause.

A motion made under this section must be verified or accompained by an affidavit specifically stating facts showing that at least one (1) of these causes exists.

The motion must be filed within the time limitations specified in Indiana Rules of Criminal Procedure.

As added by Acts 1981, P.L.298, SEC.5.

IC 35-36-6Chapter 6. Change of Venue

35-36-6-1Verified motion by defendant; bias or prejudice; hearing; duties of clerk and sheriff 35-36-6-2Trial in court to which venued 35-36-6-3Transfer of custody of defendant 35-36-6-4New prosecution; election of court by defendant; alternative disposition 35-36-6-5New prosecution; recognizance 35-36-6-6New prosecution; new indictment or information 35-36-6-7Failure of defendant to elect county of trial; remand 35-36-6-8Costs and expenses; liability; audit, certification, and collection 35-36-6-9Prosecuting attorney; pauper counsel; appointment; reimbursement for fees and expenses 35-36-6-10Sheriff; expenses of transportation 35-36-6-11Murder, Level 1, or Level 2 felony proceedings; selection of jury; verdict and judgment