§ 16-19-407 - Change of venue from township.
16-19-407. Change of venue from township.
(a) Either party, at the calling of a cause before a justice of the peace, may make an affidavit to the effect that he verily believes he cannot obtain a fair and impartial trial in the township in which the action is pending and may include in his affidavit one (1) township in addition to the one in which the action is pending, and the opposite party may, without affidavit, object to the same number of townships to which the party making the application has objected. Thereupon, it shall be the duty of the justice to make an order for the change of venue to a justice in a township to which there is no valid objection and which is in his judgment most convenient to the parties and their witnesses. The justice shall then transmit, without delay, the original papers in the case and a transcript of the proceedings to the justice to whose court the venue is changed, for which the transmitting justice shall receive five cents (5cent(s)) per mile to and from the office of the justice to whom the cause is transmitted, which shall be taxed and collected as other costs in the case, together with his costs for making out the transcript.
(b) If the justice of the peace to whom the papers are so transferred cannot immediately, upon the reception and filing of the papers, proceed to try the case, it shall be his duty at once to fix a time therefor, of which all parties shall take notice.