Rule 51 | Venue, Including Change of Venue and Change of Judge

First Adopted: January 19, 1973

Most Recently Effective: September 01, 1973

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.01 | Jurisdiction and Venue not Affected

These Rules shall not be construed to extend or limit the jurisdiction of the courts of Missouri, or the venue of civil actions therein.

(Adopted January 19, 1973, effective September 1, 1973.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 1974

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.02 | Change of Venue By Agreement

If at least thirty days before the trial date of a civil action triable by jury the parties shall file a stipulation agreeing upon removal of the civil action to a designated court of competent jurisdiction, the court shall order it removed to such other court. Thereafter, no change of venue or change of judge shall be granted to any party stipulating to the change except where denial of the change of venue would deprive the moving party of a fair hearing or except where there is cause for a change of judge.

(Adopted January 19, 1973, effective September 1, 1973. Amended June 1, 1993, effective January 1, 1994.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 1994

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.03 | Change of Venue from Inhabitants as Matter of Right in Counties of Seventy-five Thousand or Less Inhabitants – Procedure

(a) A change of venue shall be ordered in a civil action triable by jury that is pending in a county having seventy-five thousand or less inhabitants upon the filing of a written application therefor not later than ten days after answer is due to be filed; except (1) in condemnation cases the application shall be filed not later than ten days after exceptions to the commissioner's report are filed and (2) in any civil action in which an answer is not required to be filed the application must be filed within ten days after the return date of the summons or order to show cause. The applicant need not allege or prove any cause for such change. The application need not be verified and may be signed by any party.

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

(c) If a timely application is filed, the court immediately shall order the case transferred to some other county convenient to the parties, first giving all parties the opportunity to make suggestions as to where the case should be sent.

Comment Note – 1973

The following application would be sufficient:

“(Caption)
Plaintiff requests a change of venue.
(Signature and address of attorney or party).”


(Adopted January 19, 1973, effective September 1, 1973. Amended November 15, 1974, effective September 1, 1975; amended September 28, 1993, effective January 1, 1994.)

First Adopted: January 19, 1973

Most Recently Effective: July 01, 1996

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

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.


(Adopted January 19, 1973, effective September 1, 1973. Amended November 15, 1974, effective September 1, 1975; amended June 1, 1993, effective January 1, 1994; amended September 26, 1995, effective July 1, 1996.)

First Adopted: May 26, 2000

Most Recently Effective: January 01, 2012

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.045 | Transfer of Venue When Venue Improper

(a) Any motion to transfer venue alleging improper venue shall be filed within 60 days of service on the party seeking transfer. For good cause shown, the court may extend the time to file a motion to transfer venue or allow the party to amend it. Any motion to transfer venue shall:

(1) Specify one or more counties in which the movant contends venue is proper, and

(2) State the basis for venue in each such county.

If a motion to transfer venue is not timely filed, the issue of improper venue is waived.

If a timely motion to transfer venue is filed, the venue issue is not waived by any other action in the case.

(b) Within 30 days after the filing of a motion to transfer for improper venue, an opposing party may file a reply. For good cause shown, the court may extend the time to file the reply or allow the party to amend it.

The reply shall state the basis for venue in the forum or state reasons why venue is not proper in one or more counties specified by the movant. The court shall not consider any basis not stated in the reply, nor shall the court consider allegations relating to fictitious defendants. If a reply is filed, the court may allow discovery on the issue of venue and shall determine the issue.

(c) If no reply is filed, the court shall order transfer to one of the counties specified in the motion. If a reply is filed but the issue is determined in favor of the movant, the court shall order a transfer of venue to a court where venue is proper. When a transfer of venue is ordered, the entire civil action shall be transferred unless a separate trial has been ordered. If a separate trial is ordered, only that part of the civil action in which the movant is involved shall be transferred.

(d) A request for transfer of venue under this Rule 51.045 shall not deprive a party of the right to a change of venue under Rule 51.03 if the civil action is transferred to a county having 75,000 or fewer inhabitants. A party seeking a change of venue under Rule 51.03, after transfer of venue pursuant to this Rule 51.045, shall make application therefor within the later of:

(1) The time allowed by Rule 51.03, or

(2) Ten days of being served with notice of the docketing of the civil action in the transferee court as provided by Rule 51.10.


(Adopted May 26, 2000, effective January 1, 2001. Amended June 21, 2002, effective January 1, 2003; amended November 25, 2003, effective July 1, 2004; amended June 21, 2005, effective January 1, 2006; amended June 28, 2011, effective January 1, 2012.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 2011

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.05 | Change of Judge – Procedure

(a) A change of judge shall be ordered in any civil action upon the timely filing of a written application therefor by a party. For purposes of this Rule 51, proceedings to revoke probation or judicial parole and motions to modify child custody, child support, or spousal maintenance filed pursuant to chapter 452, RSMo, are not an independent action unless the judge designated to rule on the motion is not the same judge that ruled on the previous independent civil action. The application need not allege or prove any cause for such change of judge and need not be verified.

(b) The application must be filed within 60 days from service of process or 30 days from the designation of the trial judge, whichever time is longer. If the designation of the trial judge occurs less than thirty days before trial, the application must be filed prior to any appearance before the trial judge.

In the case of intervenors, the application must be filed within 30 days of intervention or designation of the trial judge, whichever is later, but in no event may any intervening party obtain a change of judge pursuant to this Rule 51 unless the application is filed within 180 days of the designation of the trial judge.

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

(d) Application for change of judge 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; or 

(5) intervenors. 

Each of the foregoing classes is limited to one change of judge, and any such change granted any one or more members of a class exhausts the right of all members of the class to a change of judge. However, no party shall be precluded from later requesting any change of judge for cause. Further, in condemnation cases involving multiple defendants, as to which separate trials are to be held, each separate trial to determine damages shall be treated as a separate case for purposes of change of judge.

(e) The judge promptly shall sustain a timely application for change of judge upon its presentation. The disqualified judge shall transfer the case to a judge stipulated to by the parties if the new judge agrees to take the case. If the case is not so transferred, the disqualified judge shall notify the presiding judge:

(1) If the presiding judge is not disqualified in the case, the presiding judge shall assign a judge of the circuit who is not disqualified or request this Court to transfer a judge; or

(2) If the presiding judge is disqualified in the case, a judge of the circuit shall be assigned in accordance with local court rules, so long as the local court rules do not permit the disqualified judge to make the assignment, or the presiding judge shall request this Court to transfer a judge.

(f) If after a change of judge has been granted the action shall be removed on application of another party to some other county in the same circuit, the transferred judge shall continue as the judge therein.


(Adopted January 19, 1973, effective September 1, 1973. Amended November 15, 1974, effective September 1, 1975; amended June 24, 1986, effective January 1, 1987; amended June 16, 1989, effective January 1, 1990; amended June 1, 1993, effective January 1, 1994; amended March 22, 1994, effective January 1, 1995; amended June 17, 1997, effective January 1, 1998; amended May 26, 1998, effective January 1, 1999; amended June 17, 2004, effective January 1, 2005; amended May 19, 2010, effective January 1, 2011.)

First Adopted: January 19, 1973

Most Recently Effective: April 01, 2021

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.06 | Joint Application for Change of Venue and Change of Judge – When Required – Procedure

(a) If a party requests and obtains either a change of venue or a change of judge, that party shall not be granted any additional change thereafter except for cause or under Rule 51.07. A party who desires both a change of venue and a change of judge must join and present both in a single application provided the trial judge has been designated.

(b) Upon the timely presentation of an application requesting a change of venue and a change of judge and if no such application has previously been made by the requesting party or a party of the same class, the judge promptly shall sustain the application for change of judge and transfer the case in accordance with the procedures of Rule 51.05(e).

(c) The newly assigned judge shall determine the request for change of venue. If the change of venue is denied or if the change of venue is to another county in the same circuit, the newly assigned judge shall continue to be the judge in the civil action.


(Adopted January 19, 1973, effective September 1, 1973. Amended June 1, 1993, effective January 1, 1994; amended September 29, 2020, effective April 1, 2021.)

First Adopted: January 19, 1973

Most Recently Effective: January 01, 1994

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.07 | When Judge Disqualified Without Application

If the judge is interested or related to any party or shall have been counsel in the civil action, or is recused for any reason, the judge promptly shall transfer the case to the presiding judge of the circuit for reassignment in accordance with the procedures of Rule 51.05(e).

(Adopted January 19, 1973, effective September 1, 1973. Amended June 1, 1993, effective January 1, 1994.)

First Adopted: November 15, 1974

Most Recently Effective: September 01, 1975

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.08 | Pleadings Need Not Be Completed Before Change of Venue is Ordered

It is not necessary that all pleadings be filed or the issues joined before an order awarding a change of venue is entered.

(Adopted November 15, 1974, effective September 1, 1975.)

First Adopted: November 15, 1974

Most Recently Effective: January 01, 2024

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.09 | Clerk to Transmit File After Change of Venue

When any order of change of venue is made, the clerk shall forthwith transmit the electronic court file to the clerk of the court to which the removal is ordered.


(Adopted November 15, 1974, effective September 1, 1975. Amended March 7, 2023, effective January 1, 2024.)

First Adopted: November 15, 1974

Most Recently Effective: January 01, 2001

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.10 | Clerk to File and Docket Civil Action When Transferred

The clerk of the court to which the civil action is transferred shall file and docket the action. The clerk also shall mail a notice to all counsel of record acknowledging the receipt of the action, any new cause number, and the division to which it has been assigned. The action shall be treated and determined as if it had originated in the receiving court.

(Adopted November 15, 1974, effective September 1, 1975. Amended May 26, 2000, effective January 1, 2001.)

First Adopted: November 15, 1974

Most Recently Effective: September 01, 1975

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.11 | Change of Venue and Change of Judge – Costs – How Taxed

All costs of any change of venue or change of judge shall be taxed in the discretion of the court at the time other costs in the civil action are taxed.

(Adopted November 15, 1974, effective September 1, 1975.)

First Adopted: November 15, 1974

Most Recently Effective: September 01, 1975

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.12 | Failure of Clerk to Transmit, or Loss of, Record – Proceedings

Failure of the clerk to transmit the papers or transcript, or the loss of the same, shall not operate as a discontinuance of the civil action but copies may be furnished and filed.

(Adopted November 15, 1974, effective September 1, 1975.)

First Adopted: November 15, 1974

Most Recently Effective: September 01, 1975

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.13 | Order of Change of Venue May Be Annulled, When

A court which has granted a change of venue shall have the power to annul the order, with consent of the parties, at any time before the papers or transcript are filed in the court to which the venue was changed.

(Adopted November 15, 1974, effective September 1, 1975.)

First Adopted: November 15, 1974

Most Recently Effective: January 01, 1994

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.14 | Jurisdiction of Judge and Court in Civil Actions Removed

(a) Following a change of venue, for any reason, to a county outside the circuit from which venue was changed, the case shall be handled by a judge regularly appointed to hear cases in the new circuit, unless a judge is otherwise assigned to hear the case as authorized by article V, §§ 6 or 15 of the constitution.

(b) The court to which any civil actions 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 civil action would not otherwise be cognizable in such court.

(Adopted November 15, 1974, effective September 1, 1975. Amended June 1, 1993, effective January 1, 1994.)

First Adopted: April 27, 1999

Most Recently Effective: January 01, 2010

Rule 51 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Venue, Including Change of Venue and Change of Judge

51.15 | Disqualification of Family Court Commissioner

Rules 51.05, 51.06, and 51.07 shall apply to family court division commissioners, except as provided in Rule 121.

(Adopted April 27, 1999, effective January 1, 2000. Amended May 20, 2009, effective January 1, 2010.)