Costs and expenses; liability; audit, certification, and collection

Ind. Code § 35-36-6-8, under Chapter 6. Change of Venue.

Ind. Code § 35-36-6-8

Sec. 8. (a) In all changes of venue from the county, the county from which the change is taken is liable for: (1) the expenses and charges of removing, delivering, and keeping the defendant; (2) the per diem allowance and expenses of: (A) the jury trying the cause; and (B) any of the regular panel in attendance and not engaged in the trial; and (3) all other expenses necessarily incurred by the county to which the change is taken that result from the change of venue. (b) All costs and charges included under subsection (a) shall be audited and allowed by the court trying the cause, certified to the auditor of the county from which the change of venue was first taken, and collected by the auditor of the county to which the change was taken. However, where specific fees are allowed by law for any duty or service, no additional costs may be allowed for that duty or service than could be legally taxed in the court from which the change was taken. As added by Acts 1981, P.L.298, SEC.5.

IC 35-36-6-9 Prosecuting attorney; pauper counsel; appointment; reimbursement for fees and expenses Sec. 9. (a) In a criminal prosecution, if a change of venue has been taken from the county in which the prosecution originated, the prosecuting attorney from the original county shall prosecute the case in the trial court to which the case was venued. The trial court to which the case was venued may appoint a prosecuting attorney to assist on the case. (b) In a case described in subsection (a), if the defendant is entitled to pauper counsel, the original trial court shall furnish pauper counsel. The trial court to which the case was venued may remove from the case the pauper counsel furnished by the original trial court, and: (1) request the original trial court to furnish another pauper counsel; (2) appoint pauper counsel of its choice; or (3) request the public defender of the state of Indiana to provide counsel under IC 33-40-2. (c) The original trial court shall determine the amount of the fee and the expenses incurred by the pauper counsel and shall order the appropriate reimbursement to be paid to him by the county in which the prosecution originated. The fees and expenses of a public defender appointed under IC 33-40-2 shall be paid in accordance with that chapter. As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.98-2004, SEC.147.