§ 51.04 Change of Venue From Inhabitants for Cause--Procedure

Codes > Missouri Supreme Court Rules > Rules of > Part I : Rule 51 > 51.04

51.04. Change of Venue From Inhabitants for Cause--Procedure

    (a) A change of venue may be ordered in any civil action triable by jury for the following causes:

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

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

    (b) The application for change of venue must be filed at least thirty days before the trial date or within ten days after a trial date is fixed, whichever date is later.

    (c) A copy of the application and a notice of the time when it will be presented to the court must be served on all parties.

    (d) The application shall set forth the cause or causes for the change of venue. It need not be verified and may be signed by the party or by an agent or attorney.

    (e) The adverse party, within ten days after the filing of the application for change of venue, may file a denial of the cause or causes alleged in the application. Such denial may be signed by the party, an agent or attorney, and need not be verified. If a denial is filed, the court shall hear evidence and determine the issues. If they are determined in favor of applicant, or if no denial is filed, a change of venue shall be ordered to some other county convenient to the parties and where the cause or causes do not exist. The court may enlarge the time for filing a denial as provided in Rule 44.01(b).

    (f) Application for change of venue may be made by one or more parties in any of the following classes: (1) plaintiffs; (2) defendants; (3) third-party plaintiffs (where a separate trial has been ordered); (4) third-party defendants; (5) intervenors.

    Each of the foregoing classes is limited to one change of venue and any such change granted any one or more members of a class, including changes granted under Rules 51.02, 51.03 or 51.04, exhausts the right of all members of the class to a change of venue, with this exception: in condemnation cases involving multiple defendants, as to which separate trials are to be held, each such separate trial to determine damages shall be treated as a separate case for purposes of change of venue.

    (g) When a change of venue is ordered, the entire civil action shall be removed, unless a separate trial has been ordered, in which event the court shall order removed only that part of the civil action in which applicant is involved.