Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 76 lets a party who already has proper venue seek a different county for cause — bias, or the county itself being a party — or ask for a different judge without stating a reason, subject to strict deadlines and a one-time limit on each kind of change.
(1)Basis for change. A party seeking a change of venue from the county must file a verified motion stating that the county where suit is pending is a party or that the party seeking the change will be unlikely to receive a fair trial due to local prejudice or bias regarding a party or the claim or defense presented by a party. The court must grant the motion if it finds the grounds have been estab- lished. A denial of the motion based on the inability to receive a fair trial is reviewable only for an abuse of discretion.
(2)Procedure. Within ten days from granting the motion, the parties may agree on the county to which the case is venued, and the court must transfer the action to such county. In the absence of an agreement, the court must, within five days, issue an order listing three counties that are adjoining or in the same administrative district from which the parties must alternately strike. The movant strikes first within five days of the court’s order. The parties thereafter strike alternately within five days until one county remains, to which the case must be venued. If the party is brought into the action under Rule 14, and that party later files a motion for change of venue that is granted, that party and the plaintiff are the parties entitled to strike. If a party fails to timely strike, the clerk strikes for that party.
(B)Change of judge. A change of judge is granted upon the filing of an unverified application or motion without stating specific grounds. The new judge must be selected in accordance with Rule 79.
(C)Timing of motion. All motions under this rule must be filed not later than ten days after the issues are first closed on the merits, except for the following:
(1)in cases where no responsive pleading is required to close issues, in probate and receiv- ership proceedings, and in remonstrances and similar matters, each party has thirty days from the date the case is filed and shown on the chronological case summary;
(2)if the trial court or a court on appeal orders a new trial, or if a case is remanded, the parties have ten days from the date the order of the trial court is entered or the date the order of the court on appeal is certified;
(3)following the grant of a motion under this rule, a motion may be made by a party still entitled to change of county or judge within ten days after the case has been transferred and assigned a new case number in the receiving court; or
(4)if the moving party first obtains knowledge of the grounds for change of county or judge after the time limitations, the party may file a motion verified personally by the party, specifically alleging when the grounds were first discovered, how the grounds were discovered, the facts showing the grounds for a change, and why the grounds could not have been discovered earlier by the exercise of due diligence. Any opposing party has the right to file a verified response within ten days. The trial court's ruling on the timeliness of the request may only be reviewed for abuse of discretion.
(D)Limitation on change from county or judge. A party is limited to one change of county and one change of judge in all civil cases, including cases where a petition to modify any final decree is filed.
(E)Infractions. The Rules of Criminal Procedure govern proceedings involving an infraction.
(F)Juvenile child in need of services and termination cases. This rule governs cases in which a child is alleged to be in need of services or is the subject of a petition to terminate the parent-child relationship.
Amendment History
This rule’s current text took effect February 2, 2026. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 75 asks whether a case landed in the right county in the first place. Rule 76 is a different tool: it lets a party move a case — or move it to a new judge — even when venue was proper from the start, because something about the county or the judge makes a fair trial doubtful. The rule bundles together two separate remedies that people often lump under the phrase “change of venue”: a change of county under section (A) and a change of judge under section (B), each with its own standard.
A change of county takes a real showing. Section (A)(1) requires a verified motion stating either that the county itself is a party to the case or that the moving party is unlikely to get a fair trial there because of local prejudice or bias toward a party, a claim, or a defense. If the grounds are established, the court must grant the motion — it has no discretion to refuse — though a denial of the fair-trial ground is reviewed only for abuse of discretion on appeal. Once granted, section (A)(2) sets the mechanics: the parties have ten days to agree on the receiving county, and if they cannot, the court has five days to name three adjoining counties or counties in the same administrative district, after which the moving party strikes one within five days and the parties alternate striking every five days until one county is left. A party who is added to the case under Rule 14 and later wins a change of venue steps into the striking process alongside the plaintiff. Anyone who misses a striking deadline forfeits the choice to the clerk.
A change of judge works on its own terms. Section (B) grants it on an unverified application that states no grounds at all — a party does not have to accuse the judge of anything to get a new one. The replacement judge is then chosen following the selection process in Rule 79. Section (C) fences in both remedies with deadlines: generally ten days after the issues first close on the merits, with separate windows for cases that never require a responsive pleading, probate and receivership matters, and remonstrances (thirty days from filing), for cases returning after a new trial order or a remand (ten days), for a second change after a case has already been transferred and given a new case number (ten days), and for grounds a party discovers only after the normal deadline has passed, which requires a personally verified motion explaining the late discovery and lets the opposing side respond within ten days.
Two limits close out the rule. Section (D) allows only one change of county and one change of judge per case, even across proceedings to modify a final decree. Section (E) sends infraction cases to the Rules of Criminal Procedure instead of this rule, and section (F) confirms that Rule 76 governs juvenile cases alleging a child is in need of services and cases seeking to terminate a parent-child relationship.
Frequently Asked Questions
What is the difference between Rule 75 and Rule 76?
Rule 75 tests whether a case was ever filed in a county with preferred venue in the first place. Rule 76 lets a party move a case that already has proper venue, either to a different county for a specific cause — the county being a party, or local prejudice — or to a different judge, which requires no stated reason at all.
Do I need to give a reason to get a new judge?
No. Rule 76(B) grants a change of judge on an unverified application or motion without requiring any stated grounds. Getting a new county under section (A), by contrast, takes a verified motion showing either that the county is itself a party or that local prejudice or bias makes a fair trial unlikely there.
How is the new county picked if the parties cannot agree?
Under Rule 76(A)(2), if the parties do not agree within ten days after the change is granted, the court has five days to name three adjoining counties or counties within the same administrative district. The moving party strikes one county within five days, and the parties keep alternating strikes every five days until a single county remains.
How many times can I ask for a change of venue or a change of judge in the same case?
Rule 76(D) caps each remedy at one per case: one change of county and one change of judge, and that limit carries over even into a later proceeding to modify a final decree in the same case.
What is the deadline for filing a motion under Rule 76?
The general deadline is ten days after the issues in the case first close on the merits. Rule 76(C) sets separate deadlines for particular situations — thirty days from filing in cases with no required responsive pleading, probate and receivership matters, and remonstrances; ten days after a new trial order or a remand; ten days after a case is transferred and given a new case number; and a later filing if a party did not discover the grounds until after the normal deadline, supported by a personally verified explanation of the delay.
Does Rule 76 apply to juvenile cases or termination of parental rights cases?
Yes. Rule 76(F) specifically extends this rule to cases alleging a child is in need of services and to cases seeking to terminate the parent-child relationship.
Does this rule apply to infractions?
No. Rule 76(E) hands infraction proceedings off to the Rules of Criminal Procedure instead.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 76). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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