Mo. Rev. Stat. » Chapter 476
Missouri Revised Statutes

Mo. Rev. Stat. § 476.410 (2026)

Transfer of case filed in wrong jurisdiction

✓ current as of May 2026
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  476.410.  Transfer of case filed in wrong jurisdiction. — The division of a circuit court in which a case is filed laying venue in the wrong division or wrong circuit shall transfer the case to any division or circuit in which it could have been brought.

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(L. 1989 S.B. 127, et al. § 1)

(2004) Section applies to defendant's pro se motion for post-conviction relief, for purposes of limitations period for filing motion.  Nicholson v. State, 151 S.W.3d 369 (Mo.banc).

Notes of Decisions
Cited in 89 cases (8 in the last 5 years), 1990–2026 · leading case: State Ex Rel. DePaul Health Ctr. v. Mummert, 870 S.W.2d 820 (Mo. 1994).
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State Ex Rel. DePaul Health Ctr. v. Mummert, 870 S.W.2d 820 (Mo. 1994). · cites it 15× “1993, and adoption of Section 476.410, RSMo Cum.Supp.1993, overrule a long line of Missouri case law culminating in Oney v.”
State v. Taylor, 238 S.W.3d 145 (Mo. 2007). · cites it 10× “410, which provides: “The division of a circuit court in which a case is filed laying venue in the wrong division or wrong circuit shall transfer the case to any division or circuit in which it could have been brought.” Senate Bill 127. Section 476.”
State Ex Rel. Kansas City S. Ry. Co. v. Nixon, 282 S.W.3d 363 (Mo. 2009). · cites it 12× “When a case is filed in an improper venue, section 476.410, RSMo 2000, provides that "the division of a circuit court in which a case is filed laying venue in the wrong division or wrong circuit shall transfer the case to any division or circuit in which it could have been…”
State Ex Rel. Rothermich v. Gallagher, 816 S.W.2d 194 (Mo. 1991). · cites it 6× “Prior to the enactment of § 476.410, RSMo Supp.1990, dismissal of an action was required upon the determination by the trial court that venue was improper.”
State Ex Rel. Bunting v. Koehr, 865 S.W.2d 351 (Mo. 1993). · cites it 9× “Section 476.410, RSMo Supp.1992. The alternative writ of mandamus previously issued is made peremptory.”
Nicholson v. State, 151 S.W.3d 369 (Mo. 2004). · cites it 6× “Section 476.410 provides that a “court in which a case is filed laying venue in the wrong division or wrong circuit shall transfer the ease to the division or circuit in which it could have been brought.”
State Ex Rel. Dir. of Revenue v. Gaertner, 32 S.W.3d 564 (Mo. 2000). · cites it 8× “” Section 476.410, RSMo 1994. This new section appears to grant a limited jurisdiction to the circuit court to transfer any case filed in an improper venue to any circuit court otherwise designated by the legislature to hear the particular matter.”
State of Missouri, Plaintiff-respondent v. David James Milcendeau, 571 S.W.3d 178 (Mo. Ct. App. 2019). · cites it 7× “I, § 18(a) of the Missouri Constitution; §§ 476.410 and 56.060.1.3 He requests a remand for a determination of venue.”
Pool v. Dir. of Revenue, State of Mo., 824 S.W.2d 515 (Mo. Ct. App. 1992). · cites it 7× “Section 476.410, RSMo Supp.1990 provides: "The division of a circuit court in which a case is filed laying venue in the wrong division or wrong circuit shall transfer the case to any division or circuit in which it could have been brought.”
Spells v. State, 213 S.W.3d 700 (Mo. Ct. App. 2007). · cites it 4× “banc 2004), the Supreme Court of Missouri held that Section 476.410, in conjunction with Rule 51.”
State Ex Rel. Elson v. Koehr, 856 S.W.2d 57 (Mo. 1993). · cites it 4× “Under § 476.410, RSMo Supp. 1992, if venue is improper where a petition is filed, a circuit judge must transfer the case, upon a motion to dismiss for improper venue, to a circuit court in which venue is proper.”
State Ex Rel. Todd v. Romines, 806 S.W.2d 690 (Mo. Ct. App. 1991). · cites it 5× “Louis County to Pulaski County because: (A) the cause of action was not improperly split; (B) Section 476.410 RSMo 1986 (all further references shall be to RSMo 1986, unless otherwise noted) does not apply when the underlying action is originally brought in an appropriate venue;…”
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