CHAPTER 5. REIMBURSEMENT FOR EXPENSES INCURRED BY CHANGE OF VENUE
IC 34-35-5
Chapter 5. Reimbursement for Expenses Incurred by Change of
Venue
IC 34-35-5-1
Originating county to pay expenses of change of venue
Sec. 1. In all cases, civil, criminal, or otherwise, where there is a
change of venue from one (1) county to another, the county in which
the cause originated and from which the change of venue is taken
shall pay to the county to which the change of venue is taken all
expenses incurred by the county to which the change of venue is
taken.
As added by P.L.1-1998, SEC.31.
IC 34-35-5-2
Expenses to be paid by originating county
Sec. 2. Expenses to be paid under section 1 of this chapter include
the following:
(1) The expense of keeping the prisoner, if any.
(2) The expense of transporting the prisoner to or from any
penal institution.
(3) Any extraordinary expense for safekeeping the prisoner.
(4) The fee set by the venue court under IC 33-40-2-5 for
pauper counsel, if counsel was appointed by that court.
(5) The expense of any mileage, meals, lodging, and per diems
paid for or to jurors.
(6) The per diems paid jury administrators for drawing any
special venire.
(7) The sum of five dollars ($5) for each day or part of a day a
bailiff is engaged in assisting the court in the trial of the cause.
(8) The sum of eight dollars ($8) for each day or part of a day
an official court reporter takes evidence or testimony before the
judge or jury concerning the cause.
(9) The sum of ten dollars ($10) per day for each day of trial for
use of facilities and utilities.
(10) The sum of five dollars ($5) for notifying the jury not to
attend court after having been summoned in any cause.
(11) The amount of telephone or telegraph communications
made by the court or authorized by it.
(12) The per diem allowed by law to the clerk of the court for
attending court.
As added by P.L.1-1998, SEC.31. Amended by P.L.98-2004,
SEC.132; P.L.118-2007, SEC.28.
IC 34-35-5-3
Refund
Sec. 3. If any of the amounts specified in section 2 of this chapter
are paid by any party against whom costs are taxed under
IC 33-37-4-8, the amount paid shall be refunded to the county of
origin.
As added by P.L.1-1998, SEC.31. Amended by P.L.98-2004,
SEC.133.
IC 34-35-5-4
Audit and certification
Sec. 4. (a) Expenses shall be audited and allowed by the court to
which the cause is venued. The allowance shall be certified by the
court in duplicate to the auditor of the county, who shall:
(1) retain one (1) of the certificates of allowance in the auditor's
office; and
(2) mail by certified mail the duplicate certificate of allowance
to the auditor of the county in which the cause originated and
from which such expenses are due.
(b) The auditor of the county in which the cause originated shall
enter the duplicate certificate of allowance as a claim against the
county in which the cause originated on the claim docket of the
auditor's office for allowance by the board of county commissioners
of the county at their next regular or special session. The certificate
of allowance shall be allowed by the board of county commissioners
unless it is contested and proved incorrect as provided in this
chapter.
As added by P.L.1-1998, SEC.31.
IC 34-35-5-5
Court reporting fee
Sec. 5. Of any amount allowed for per diem of an official court
reporter charged as expenses against the county of origin of any case,
the sum of eight dollars ($8) shall be paid to the reporter as provided
in this chapter.
As added by P.L.1-1998, SEC.31.
IC 34-35-5-6
Bailiff fee
Sec. 6. Of the amount allowed for per diem of a bailiff charged as
expenses against the county of origin of any case, the sum of five
dollars ($5) shall be paid to the bailiff as provided in this chapter.
As added by P.L.1-1998, SEC.31.
IC 34-35-5-7
Multiple proceedings
Sec. 7. Except for the clerk, not more than one (1) per diem or
charge for the official reporting or for use of facilities and utilities
shall be made against any county of origin of the causes for the same
day. However, if two (2) or more proceedings are conducted in two
(2) or more separate causes from any county or counties of origin on
the same day, the court shall allocate the charges for any such cause
as it may determine. The per diem for the clerk, the official court
reporter, or bailiff shall be paid by the county of trial in the first
instance and reimbursement for that payment may be obtained from
the county of origin.
As added by P.L.1-1998, SEC.31.
IC 34-35-5-8
Clerk's fee
Sec. 8. The clerk is entitled to collect two dollars ($2) from the
county treasury for each calendar day on which the clerk or the
clerk's deputy attends a court when it is occupied with business
concerning change of venue. The payment authorized under this
section is not affected by the number of items filed or the business
transacted by the court on that day.
As added by P.L.1-1998, SEC.31.
IC 34-35-5-9
Auditor records; payment of warrants
Sec. 9. (a) The county auditor of each county shall keep correctly
the accounts of the auditor's county with the county:
(1) from which the expenses of change of venue are due; or
(2) to which the expenses are paid.
(b) The county auditor shall transmit by registered mail all
warrants issued for the payment of the expenses of change of venue
to the auditor of the county entitled to the payment.
(c) Except as provided in subsection (e), payments described in
subsection (b) shall be made quarterly, on the last day of March,
June, September, and December in each year.
(d) The auditor of the county receiving the payment shall
immediately:
(1) pay the warrants into the county treasury of the county
receiving the payment;
(2) transmit to the auditor of the county making such payment
the quietus for the payment, to be filed with the paid claim; and
(3) advise the clerk of the circuit court of the county receiving
the payment.
When notified of a payment under this section, the clerk shall note
the payment on the clerk's record.
(e) If the date of making the quarterly settlement falls on Sunday,
the settlement shall be made on the preceding day.
As added by P.L.1-1998, SEC.31.
IC 34-35-5-10
County council; duties
Sec. 10. The county council of each county shall provide for the
payment of any claim filed in accordance with this chapter.
As added by P.L.1-1998, SEC.31.
IC 34-35-5-11
Counties; recovery of expenses
Sec. 11. (a) This section applies if:
(1) a suit is instituted by any county for the recovery of any
expenses incurred by the county on account of change of venue;
or
(2) a county is required to defend its claim for change of venue
expenses.
(b) The court trying the cause shall allow:
(1) the necessary traveling expenses to the proper officers; and
(2) a reasonable attorney's fee;
to be taxed as a part of the costs in the cause.
As added by P.L.1-1998, SEC.31.