Section 35-36-5-2 - Other grounds; motion; affidavit; time limitation The defendant and the state may obtain a change of judge if the judge:
(1) is biased or prejudiced against the moving party and that the moving party cannot obtain a fair trial before the judge;(2) is related by blood or marriage to any party to the cause;(3) is unable to properly perform the functions of his office because of mental or physical disabilities;(4) is disqualified by reason of any conflict of interest; or(5) should be disqualified for any other cause.A motion made under this section must be verified or accompained by an affidavit specifically stating facts showing that at least one (1) of these causes exists.
The motion must be filed within the time limitations specified in Indiana Rules of Criminal Procedure.
As added by Acts1981 , P.L. 298, SEC.5.