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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CIVIL PROCEDURE AND LIMITATIONS
Chapter : Chapter 508 Venue and Change of Venue
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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, RSMo.
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.
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. (RSMo 1939 §
871, A.L. 1965 p. 659, A.L. 2005 H.B. 393)
Prior revisions: 1929 § 720; 1919 § 1177; 1909 § 1751
CROSS REFERENCES:
Action against
Carrier for loss or damage to shipment, RSMo 537.250
Nonresident motorist, RSMo 506.290
Administrative decisions, proceedings to review, Chap. 536, RSMo
Administrative rules, action to test validity, Chap. 536, RSMo
Applicability of statute changes to cases filed after August 28, 2005,
RSMo 538.305
Dissolution of marriage, divorce and maintenance actions, Chap. 452, RSMo
Injunction to stay suit or judgment, RSMo 526.090
Mortgage foreclosure action, RSMo 443.200
Venue in wrong circuit or division circuit court, may transfer case where
it could have been brought, RSMo 476.410
(1952) Objection to venue can be waived and unless fact of improper venue
is raised by party entitled to assert it before trial it is waived. Entry
of general appearance constitutes waiver. Jones v. Church (A.), 252
S.W.2d 647.
(1953) Venue of action in county where one or more of several defendants
reside does not require that a joint cause of action be asserted against
all defendants. If causes which may be joined under § 507.040 are
asserted against the defendants, subdivision (2) of this section fixes
venue. State ex rel. Campbell v. James (Mo.), 263 S.W.2d 402.
(1954) A foreign corporation may be sued under § 508.040 in any county
where it has an office if it is the sole defendant but if it is joined as
a codefendant with others it must be sued in the county where its
registered office is maintained or in a county where one of the
defendants resides. State ex rel. Whiteman v. James, 364 Mo. 589, 265
S.W.2d 298.
(1956) Action for declaratory judgment and injunction against former
partners of plaintiff and stakeholder based on contract for settlement of
partnership, where there were both resident and nonresident defendants,
held properly brought in county of stakeholder's residence although joint
cause of action against stakeholder and other defendants was not stated.
Durwood v. Dubinsky (Mo.), 291 S.W.2d 909.
(1956) Where all parties to action were residents of Kansas and defendant
was served in Missouri, there apparently being collusion between
defendant and plaintiff's counsel, court had discretion to dismiss on
ground of forum non conveniens. Elliott v. Johnston, 365 Mo. 881, 292
S.W.2d 589.
(1958) Where summons in separate maintenance action was served on
defendant who was nonresident of county while he was in the county
defending a criminal nonsupport proceeding instigated by his wife, the
evidence was insufficient to establish fraud so as to invalidate the
service. Glaize v. Glaize (A.), 311 S.W.2d 575.
(1959) Where plaintiff resided in one county and two defendants in
another, service on one defendant in his home county did not confer
jurisdiction over him, even though the other defendant was served in the
county in which plaintiff resided. State ex rel. McCarter v. Craig (Mo.),
328 S.W.2d 589.
(1959) In suit by Pulaski County residents against three defendants where
one was nonresident of the state and other two were residents of Howell
County, but the only defendant served was found in Pulaski County,
Pulaski County was the proper venue for the action against the one
defendant served. State ex rel. Kissinger v. Allison (A.), 328 S.W.2d 952.
(1960) Circuit court of Jasper County was without jurisdiction of appeal
from action of attorney general in formulating ballot title for
constitutional amendment since service of summons was ineffectual to
confer jurisdiction over defendant's person and, if the action was in
rem, the situs of ballot title was in Cole County. State ex rel. Dalton
v. Oldham (Mo.), 336 S.W.2d 519.
(1960) Venue in a suit against a foreign insurance company and an
individual is governed by § 508.010 which provides that when there are
several defendants and they reside in different counties, suit may be
brought in any such county. Section 351.375 has no application to foreign
insurance companies. State ex rel. Stamm v. Mayfield (Mo.), 340 S.W.2d
631.
(1961) Where a corporation of one county was sued by a resident of
another county the corporation could not bring in by a third party
petition another defendant who resided in the same county in which the
corporation resides since the court of the county of plaintiff's
residence would not have jurisdiction over him under the venue statutes.
State ex rel. Carney v. Higgins (Mo.) 352 S.W.2d 35.
(1962) The objection to venue is a personal privilege and it was waived
where, after plaintiffs in two cases had dismissed as to the one
defendant in each case who resided in the county where suit was filed,
the defendant consented to a consolidation of the two actions, accepted
an assignment to a trial division and requested a continuance. In such
circumstances the objection that one defendant was made a defendant
solely for the purpose of fixing the venue was waived. Hutchinson v.
Steinke (A.), 353 S.W.2d 137.
(1962) Where individual and foreign business corporation were joined as
co-defendants in action brought in Jackson County venue was improper only
as to individual defendant, a resident of Franklin County, since the
corporation maintained its registered office and registered agent in St.
Louis City although it maintained a general business office in Kansas
City and did not object to venue. State v. Jensen (Mo.), 359 S.W.2d 343.
(1987) For actions against the Missouri Highway and Transportation
Commission special venue is fixed in Cole County by 1927 judicial
interpretation of section 226.100 since office is established in
Jefferson City and thus venue in action against Commission pursuant to
this section was improper. State ex. rel. Missouri Highway and
Transportation Commission, 731 S.W.2d 461 (Mo.App.).
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. (L. 2005 H.B. 393)
CROSS REFERENCE: Applicability of statute changes to cases filed after
August 28, 2005, RSMo 538.305
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, RSMo. (L. 2005 H.B. 393 § 3)
CROSS REFERENCE: Applicability of statute changes to cases filed after
August 28, 2005, RSMo 538.305
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. (RSMo 1939 § 872)
Prior revisions: 1929 § 721; 1919 § 1178; 1909 § 1752
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. (RSMo 1939 § 873)
Prior revisions: 1929 § 722; 1919 § 1179; 1909 § 1753
(1975) In either, a suit for specific performance or a suit on a contract
incidentally requiring a delivery of a deed, concerning land in Camden
County, venue is in Camden County and Jackson County circuit court was
without jurisdiction. State ex rel. Uskali v. Snodgrass (A.), 524 S.W.2d
888. (1977) Venue for actions which affect title to real estate cannot be
waived. Gorman v. State Highway Commission (A.), 552 S.W.2d 335.
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 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. (RSMo 1939 § 875, A.L. 1955 p.
312)
(1982) University of Missouri is not a "municipal corporation" within the
meaning of statute requiring that suits against a municipal corporation
be brought only in the county in which it is located. State ex rel.
Milham v. Rickhoff (Mo.), 633 S.W.2d 733.
(1985) Provisions for judicial review of contested cases under the
Administrative Procedure and Review Act are specific and controlling as
against the general venue statute for suits against municipal
corporations. State ex rel. City of Springfield v. Crouch (Mo.App.), 687
S.W.2d 639.
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. (RSMo 1939 § 13767)
Prior revisions: 1929 § 12108; 1919 § 9506; 1909 § 3727
(1971) Appeal to circuit court of St. Louis City from order of air
pollution appeal board of St. Louis County was not an action against St.
Louis County and jurisdiction was not controlled by this section. State
ex rel. Union Election Co. v. Scott (A.), 470 S.W.2d 1.
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. (L. 1986 S.B. 669, et al § 2)
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. (RSMo 1939 § 1057)
Prior revisions: 1929 § 906; 1919 § 1356; 1909 § 1926
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. (RSMo 1939 § 1058, A.L. 1957 p. 294)
Prior revisions: 1929 § 907; 1919 § 1357; 1909 § 1927
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. (RSMo 1939 § 1059, A.L. 1957 p. 294)
Prior revisions: 1929 § 908; 1919 § 1358; 1909 § 1928
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. (RSMo 1939 §§ 1072, 2121, 2229,
2314, 2324, A. 1949 H.B. 2118, A.L. 1951 p. 361, A.L. 1957 p. 294)
Prior revisions: 1929 §§ 921, 1959, 2127, 14616, 14626; 1919 §§ 1371,
2457, 2630; 1909 §§ 1941, 3976, 4163
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. (RSMo
1939 § 1061, A.L. 1957 p. 294)
Prior revisions: 1929 § 910; 1919 § 1360; 1909 § 1930
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. (RSMo 1939 § 1062, A.L. 1957 p. 294, A.L. 1967 p. 651)
Prior revisions: 1929 § 911; 1919 § 1361; 1909 § 1931
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. (RSMo 1939 § 1063)
Prior revisions: 1929 § 912; 1919 § 1362; 1909 § 1932
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.
(RSMo 1939 § 1064, A.L. 1957 p. 294)
Prior revisions: 1929 § 913; 1919 § 1363; 1909 § 1933
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. (RSMo 1939 § 1065)
Prior revisions: 1929 § 914; 1919 § 1364; 1909 § 1934
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. (RSMo 1939 § 1066, A. 1949
H.B. 2118)
Prior revisions: 1929 § 915; 1919 § 1365; 1909 § 1935
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,
RSMo, 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. (RSMo 1939 § 1067, A.L. 1999
S.B. 1, et al., A.L. 2001 S.B. 267)
Prior revisions: 1929 § 916; 1919 § 1366; 1909 § 1936
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. (RSMo 1939 § 1070)
Prior revisions: 1929 § 919; 1919 § 1369; 1909 § 1939
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. (RSMo 1939 § 1071)
Prior revisions: 1929 § 920; 1919 § 1370; 1909 § 1940
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. (RSMo 1939 § 2349, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14520; 1919 § 13698; 1909 § 4247
Effective 1-2-79
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. (RSMo
1939 § 2350, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14521; 1919 § 13699; 1909 § 4248
Effective 1-2-79
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. (RSMo 1939 § 2431, A.L. 1967 p. 661, A.L. 1978 H.B.
1634)
Prior revisions: 1929 § 14559; 1919 § 13738; 1909 § 4287
Effective 1-2-79
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. (RSMo 1939 § 2432,
A.L. 1967 p. 661, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14560; 1919 § 13739; 1909 § 4288
Effective 1-2-79
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. (L. 1967 p. 661, A.L. 1978 H.B. 1634)
Effective 1-2-79
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