Lake County Juvenile Detention Center v. J.M.D.
Docket: No. 45A04-9805-JV-263
Court: Indiana Court of Appeals; January 4, 1999; Indiana; State Appellate Court
The appellate court reversed the trial court's denial of the Juvenile Division's motion for change of venue, concluding that the motion was filed timely. The main issue was whether the ten-day period to file for a change of venue commenced upon the filing of answers by co-defendants, even if those answers were not timely served on the Juvenile Division. The case involved multiple defendants, including the Juvenile Division and the Lake County Juvenile Detention Center. Key dates included the filing of answers by the defendants: the Lake County Commissioners on January 2, 1998 (not served), the Lake County Council on January 8, 1998 (served on January 30, 1998), and the Detention Center on January 28, 1998 (served on January 28, 1998). The Juvenile Division filed its answer and motion for change of venue on January 30, 1998. The court outlined that per Indiana Trial Rule 76, the ten-day period for filing a motion for change of venue begins when an answer is filed, not when it is served. Although the initial answer was filed without service, the delay in service of subsequent answers was deemed unreasonable. The court held that the ten-day clock began when the first answer was actually served on January 28, 1998, which allowed the Juvenile Division to file its motion two days later within the permissible timeframe. As a result, the appellate court found that the trial court erred in its ruling, leading to the reversal of the decision. Judge Kirsch concurred, while Judge Staton dissented, providing an opinion on the matter.