Chapter 508 Venue and Change of Venue

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To the extent that rule 51.03 of the Missouri rules of civil procedure contradicts any provision of this chapter, the provisions of this chapter shall prevail regarding any tort claim.

If any clerk fail to transmit the transcript and papers in any cause, the venue whereof has been changed, or if they be sent and lost, such loss or failure shall not operate as a discontinuance of such cause, but they may be filed at the next term of said court; or, if lost, copies of the original may be furnished and filed, and the cause shall proceed as if no such failure or loss had happened; provided, however, that the court or the judge granting any change of venue shall have the power to set aside and annul the order thereof, by consent of parties, at any time before such transcript and papers shall be actually filed in such other court.

Notwithstanding the provisions of sections 508.320 and 508.330, if, in any civil or criminal case pending in districts 1 or 2 of the circuit court of Marion County, the application for change of venue alleges that the inhabitants of Marion County are prejudiced against the applicant, or that the opposite party has an undue influence over the inhabitants of Marion County, then such change of venue may be awarded to any circuit court, outside of Marion county, in the same, adjoining or next adjoining circuit where the causes complained of do not exist, and the court to which said cause is so transferred shall have power and jurisdiction to dispose of the same as is provided by law in other cases of change of venue.

1.If reasonable notice has been given to the adverse party or his attorney of record, the court or judge, as the case may be, shall consider the application, and if it is sufficient, the judge shall be disqualified or a change of venue shall be awarded to some county in the same, adjoining or next adjoining circuit, convenient to the parties for the trial of the case and where the causes complained of do not exist.One or more of several parties plaintiff or defendant may ask for the change of venue, and if the change is awarded the entire cause shall be removed, and there shall be no further change of venue awarded on the same side of the suit.

2.In all cases in counties in this state which have a population of more than sixty-five thousand inhabitants and wherein the removal is asked on the ground of objections to or prejudice of the inhabitants of the county and the adverse party has filed counter-affidavit controverting the objection to or the prejudice of the inhabitants of the county, the court shall hear evidence on the issue and determine the same on the merits of the evidence, and if the issue is determined in favor of the applicant for the change of venue, the change shall be awarded as herein provided.

3.This section does not apply to causes wherein a special venire has been issued, and in such case the party not applying for the special venire shall be granted a change of venue as of course, upon proper affidavit.

The court to which any cause shall be transferred by change of venue shall have jurisdiction to hear and determine the same, and shall proceed to final judgment and execution therein; although such cause would not otherwise be cognizable in such court.

Suits against municipal corporations as defendant or codefendant shall be commenced only in the county in which the municipal corporation is situated, or if the municipal corporation is situated in more than one county, then suits against the municipal corporation shall be commenced only in that county wherein the seat of government of the municipal corporation is situated; except that:

(1)Suits may be brought against a city containing more than four hundred thousand inhabitants in any county in which any part of the city is situated; and

(2)Suits in inverse condemnation or involving dangerous conditions of public property against a municipal corporation established under Article VI, Section 30(a) of the Missouri Constitution shall be brought only in the county where such land or any part thereof lies.

If any judge award such change of venue in vacation, he shall immediately transmit to the clerk of the court wherein the cause is pending the petition and affidavit, with a written order for the change of venue.

When any such order shall be made by the court or judge, the clerk shall immediately make out a full transcript of the record and proceedings in the cause, including the petition and affidavit and order of removal, and transmit the same, duly certified, together with all the original papers filed in the cause, and not forming a part of the record, to the clerk of the court to which the removal is ordered, and for failure to do so shall forfeit one hundred dollars to the party aggrieved, to be recovered by civil action.

In all cases of application for a change of venue, all pleadings shall be filed and the issues made up before the entry awarding the change is made; but after the change of venue, any pleading found insufficient upon demurrer or otherwise may be amended as in other cases.

All actions whatsoever against any county shall be commenced in the circuit court of such county, and prosecuted to final judgment and execution therein, unless removed by change of venue to some other county, in which case the action or actions so removed shall be prosecuted to final judgment and execution in the circuit court of such other county.

Suits for the possession of real estate, or whereby the title thereto may be affected, or for the enforcement of the lien of any special tax bill thereon, shall be brought in the county where such real estate, or some part thereof, is situated.

Any party, his agent or attorney, may present to the court, or judge thereof in vacation, a petition setting forth the cause of his application for disqualification of the judge or for a change of venue, and when he obtained his information and knowledge of the existence thereof; and he shall annex thereto an affidavit, made by himself, his agent or attorney, to the truth of the petition, and that affiant has just cause to believe that he cannot have a fair trial on account of the cause alleged.If the removal is asked because of objections to the inhabitants of the county, the application shall not include therein any other county than the one from which the change of venue is asked.

1.Except as otherwise specially provided by law, changes of venue in either civil or criminal cases may be awarded by any circuit court, including district number 1 of the circuit court of Marion County, Missouri, to district number 2 of the circuit court of Marion County, Missouri.Such changes of venue awarded by district number 1 of the circuit court of Marion County, Missouri, may be awarded for the following causes:

(1)That the inhabitants of all townships outside of Mason and Miller townships in Marion County, Missouri, are prejudiced against the applicant;

(2)That the opposite party has an undue influence over the inhabitants of Marion County, Missouri, outside of the townships of Mason and Miller.

2.When such change of venue is allowed from said district number 1 of circuit court of Marion County, Missouri, the cause shall be certified and transferred as provided by law for changes of venue from other circuit courts, and the court to which said cause is so transferred including district number 2 of the circuit court of Marion County, Missouri, shall have power and jurisdiction to dispose of the same as is provided by law in other cases of change of venue.

Suits commenced by attachment against the property of a person, or in replevin or claim and delivery of personal property, where the specific property is sought to be recovered, shall be brought in the county in which such property may be found; and in all cases where the defendant in actions in replevin or claim and delivery of personal property is a nonresident of the county in which the suit is brought, service shall be made on him as under like circumstances in suits by attachment.

1.Any case which may be pending in district number 2 of the circuit court of Marion County, Missouri, may be removed by change of venue for the following causes:

(1)That the inhabitants of Mason and Miller townships, Marion County, Missouri, are prejudiced against the applicant;

(2)That the opposite party has an undue influence over the inhabitants of said townships.

2.The change of venue may be awarded to any circuit court, including district number 1 of the circuit court of Marion County, Missouri, in the same manner that changes are taken from other circuit courts, and the court to which such cause may be removed shall have power and jurisdiction to dispose of the same as in causes taken by change of venue from circuit courts.

All causes in which a change of venue shall be awarded by the circuit court of any other county to the county of Cape Girardeau, the same may be certified and transferred to the circuit court of Cape Girardeau County at Jackson, or to the circuit court of Cape Girardeau County at Cape Girardeau, as may be directed by the court granting the change of venue, or by consent of parties, and whichever court shall receive the said cause shall have jurisdiction to hear and determine the same.

If a judge is interested in the cause before him, or related to either party, or has been of counsel in the cause, the court, without application from either party, shall either call in another circuit judge to sit in the case, as authorized by Section 15 of Article V of the Constitution, or request the supreme court to transfer a judge to try the cause, as authorized by Section 6 of Article V of the Constitution, unless all the parties in the cause consent that such judge may sit in the trial thereof.

Changes of venue may be awarded in civil cases pending in the circuit court of Cape Girardeau County at Cape Girardeau for the following causes:

(1)That the inhabitants of the city of Cape Girardeau are prejudiced against the applicant;

(2)That the opposite party has an undue influence over the inhabitants of said city; provided, that in such cases a change of venue shall be awarded to the circuit court of Cape Girardeau County at Jackson.

1.As used in this section, "principal place of residence" shall mean the county which is the main place where an individual resides in the state of Missouri.There shall be a rebuttable presumption that the county of voter registration at the time of injury is the principal place of residence.There shall be only one principal place of residence.

2.In all actions in which there is no count alleging a tort, venue shall be determined as follows:

(1)When the defendant is a resident of the state, either in the county within which the defendant resides, or in the county within which the plaintiff resides, and the defendant may be found;

(2)When there are several defendants, and they reside in different counties, the suit may be brought in any such county;

(3)When there are several defendants, some residents and others nonresidents of the state, suit may be brought in any county in this state in which any defendant resides;

(4)When all the defendants are nonresidents of the state, suit may be brought in any county in this state.

3.The term "tort" shall include claims based upon improper health care, under the provisions of chapter 538.

4.Notwithstanding any other provision of law, in all actions in which there is any count alleging a tort and in which the plaintiff was first injured in the state of Missouri, venue shall be in the county where the plaintiff was first injured by the wrongful acts or negligent conduct alleged in the action.

5.Notwithstanding any other provision of law, in all actions in which there is any count alleging a tort and in which the plaintiff was first injured outside the state of Missouri, venue shall be determined as follows:

(1)If the defendant is a corporation, then venue shall be in any county where a defendant corporation's registered agent is located or, if the plaintiff's principal place of residence was in the state of Missouri on the date the plaintiff was first injured, then venue may be in the county of the plaintiff's principal place of residence on the date the plaintiff was first injured;

(2)If the defendant is an individual, then venue shall be in any county of the individual defendant's principal place of residence in the state of Missouri or, if the plaintiff's principal place of residence was in the state of Missouri on the date the plaintiff was first injured, then venue may be in the county containing the plaintiff's principal place of residence on the date the plaintiff was first injured;

(3)Notwithstanding subdivisions (1) and (2) of this subsection, if the plaintiff was first injured in a foreign country in connection with any railroad operations therein and any defendant is a:

(a)Corporation that, either directly or through its subsidiaries, wholly owns or operates the foreign railroad; or

(b)Wholly owned subsidiary of a corporation that, either directly or through its subsidiaries, wholly owns or operates the foreign railroad;

then venue shall exclusively be in the county where any such defendant corporation's registered agent is located, regardless of venue as to any other defendant or, if the plaintiff's principal place of residence was in the state of Missouri on the date the plaintiff was first injured, then venue may be in the county of the plaintiff's principal place of residence on the date the plaintiff was first injured.

6.Any action, in which any county shall be a plaintiff, may be commenced and prosecuted to final judgment in the county in which the defendant or defendants reside, or in the county suing and where the defendants, or one of them, may be found.

7.In all actions, process shall be issued by the court in which the action is filed and process may be served in any county within the state.

8.In any action for defamation or for invasion of privacy, the plaintiff shall be considered first injured in the county in which the defamation or invasion was first published.

9.In all actions, venue shall be determined as of the date the plaintiff was first injured.

10.All motions to dismiss or to transfer based upon a claim of improper venue shall be deemed granted if not denied within ninety days of filing of the motion unless such time period is waived in writing by all parties.

11.In a wrongful death action, the plaintiff shall be considered first injured where the decedent was first injured by the wrongful acts or negligent conduct alleged in the action.In any spouse's claim for loss of consortium, the plaintiff claiming consortium shall be considered first injured where the other spouse was first injured by the wrongful acts or negligent conduct alleged in the action.

12.The provisions of this section shall apply irrespective of whether the defendant is a for-profit or a not-for-profit entity.

13.In any civil action, if all parties agree in writing to a change of venue, the court shall transfer venue to the county within the state unanimously chosen by the parties.If any parties are added to the cause of action after the date of said transfer who do not consent to said transfer then the cause of action shall be transferred to such county in which venue is appropriate under this section, based upon the amended pleadings.

14.A plaintiff is considered first injured where the trauma or exposure occurred rather than where symptoms are first manifested.

In all circuits composed of a single county which have more than four hundred thousand inhabitants, and in which there are two or more judges, when legal objection is made to the circuit judge assigned to try any case, the case shall be transferred to another division of the circuit court presided over by a different judge.Only one application shall be made by the same party in the same case, and shall be made as to only one of the judges of the court.

At any time prior to the commencement of a trial, if a plaintiff or defendant, including a third-party plaintiff or defendant, is either added or removed from a petition filed in any court in the state of Missouri which would have, if originally added or removed to the initial petition, altered the determination of venue under section 508.010, then the judge shall upon application of any party transfer the case to a proper forum under section 476.410.

The clerk of the court to which such cause is certified shall file the same, and the cause shall be docketed, proceeded in and determined as if it had originated therein.

If at any time after the commencement of a suit the parties shall agree in writing, duly filed, upon any other county or court of competent jurisdiction, to which they desire the same to be removed, it shall, by order of the court, be removed accordingly to such county or court of competent jurisdiction; and the same proceedings shall be had in all respects for the removal of such cause as are provided by law in changes of venue in civil cases.

1.The judge of a court of record may be disqualified in any civil suit for any of the following causes:

(1)That the judge is interested or prejudiced, or is related to either party, or has been of counsel in the cause;

(2)That the opposite party has an undue influence over the mind of the judge.

2.A change of venue may be awarded in any civil suit to any court of record for any of the following causes:

(1)That the inhabitants of the county are prejudiced against the applicant;

(2)That the opposite party has an undue influence over inhabitants of the county;

but in no case shall more than one change be granted either party.

1.All the costs and expenses attending any such change of venue, made on the application of either party, shall be taxed against and paid by the petitioner, and shall not be taxed in the costs of the suit; provided, however, that when the change of venue is sought on the grounds of the prejudice of the inhabitants of the county, and the application is controverted by the opposing party, the costs incurred by the opposing party in hearing and determining said application shall be taxed against and paid by the losing party to said application.

2.All court costs paid or payable with respect to any civil case in which venue is transferred which are to be distributed to the county in which the case is filed, shall be paid to the county to which the case is transferred.If any such court costs have been paid by a party prior to the order changing venue, such costs shall be paid by the treasurer of the county in which the case was originally filed, to the county to which the case is transferred.

3.All expenses of whatever nature incurred by a county as a result of jury selection and service pursuant to the provisions of chapter 494 shall be paid by the county in which the case was originally instituted to the county in which the case is actually tried, except when such case is transferred for improper venue.

1.Civil and criminal suits against issuers of checks payable to the Missouri department of revenue which are returned because of insufficient funds or no account shall be commenced in either the county where the defendant resides or in the county wherein the seat of state government is found provided any such issuer shall be given thirty days to make any such check good before any action is commenced in a county other than that of the residence of the issuer.

2.Notice of this election of venue statute shall be given to all persons who write a check payable to the Missouri department of revenue which is returned for insufficient funds or no account prior to commencement of legal proceedings on the check.