State Yockey v. Superior Ct. of Marion Cty., R. 6

Dissenting Opinion

DeBruler, J.

The right to a change of venue is a substantive right. It is partially rooted in the State Constitution’s pledge of a fair trial. It is a right which belongs equally to every party to an action. TR. 76(1). The job of this Court is to fashion a fair procedure for the implementation of the right. In deciding what is fair, we can certainly fashion the procedures so as to discourage the use of the right solely for delay or other improper purpose, where such is clearly the case. However, in so doing we should not extinguish the right to an automatic change of venue…