Whenever a court has granted an order for a change of venue to another county and the costs thereof have been paid where an obligation exists to pay such costs for such change, either party to the cause may file a certified copy of the order making such change in the court to which such change has been made, and thereupon such court shall have full jur- isdiction of said cause, regardless of the fact that the transcript and papers have not yet been filed with such court to which such change is taken. Nothing in this rule shall 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.
Rule 78.Jurisdiction pending change from county
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 78 keeps a case moving without a jurisdictional gap when venue changes to another county: once the transfer order and any required costs are on file, the receiving court has full jurisdiction immediately, while the original court keeps power to handle emergencies until then.
Full Text of Rule 78
Amendment History
This rule’s current text took effect January 1, 1970. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
A change of venue between counties takes time — the transcript and case papers have to travel from the original court to the receiving court. Rule 78 makes sure that lag never leaves a case in limbo with no court able to act on it. Once a court has ordered a change of venue to another county, and any costs owed for that change have been paid, either party can file a certified copy of the transfer order with the receiving court. At that moment, the receiving court has full jurisdiction over the case, even though the complete transcript and papers have not yet physically arrived.
The rule also protects the front end of that process. Between the time a motion for change of venue is filed and the time the court grants it, the case is still pending in the original court, and Rule 78 confirms the original court keeps full power to handle emergency matters during that window. Once the change is granted and the certified order is filed with the receiving court, jurisdiction shifts, and the original court’s emergency authority ends along with it.
Frequently Asked Questions
Does the receiving court have to wait for the full case file to arrive before it can act?
No. Rule 78 says that once a certified copy of the change-of-venue order is filed with the receiving court, and any required transfer costs have been paid, that court has full jurisdiction right away, regardless of whether the transcript and other papers have arrived yet.
What if something urgent comes up in my case while a change of venue is still pending?
The original court can still handle it. Rule 78 preserves the original court’s jurisdiction to decide emergency matters during the period between when a change-of-venue motion is filed and when the court grants it.
Do I need to do anything to make the receiving court’s jurisdiction take effect?
Yes. Rule 78 requires that a certified copy of the order granting the change of venue be filed with the receiving court, and that any costs owed for the change be paid, before that court’s jurisdiction attaches.
Does the original court lose all authority the moment someone asks for a change of venue?
No. The original court retains jurisdiction, including the power to address emergencies, until the change of venue is granted and a certified copy of the order is filed with the receiving court.
Does Rule 78 apply to a change of venue granted under either Rule 75 or Rule 76?
Rule 78 speaks broadly to any court that has granted an order for a change of venue to another county, without limiting itself to one particular basis for that change, so it applies whenever a case is being moved to a different county’s court.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 78). 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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