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Missouri Revised Statutes

Mo. Rev. Stat. § 508.090 (2026)

Judge disqualified

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  508.090.  Judge disqualified — change of venue granted, when. — 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;

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

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(RSMo 1939 § 1058, A.L. 1957 p. 294)

Prior revisions: 1929 § 907; 1919 § 1357; 1909 § 1927

Notes of Decisions
Cited in 35 cases (2 in the last 5 years), 1952–2023 · leading case: Hayes v. Hayes, 252 S.W.2d 323 (Mo. 1952).
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Hayes v. Hayes, 252 S.W.2d 323 (Mo. 1952). · cites it 14× “ESMo 1949, § 508.090, provides in part: “ A change of venue may be awarded in any civil suit * * *, for any of the following causes: (1) That the judge is * * * prejudiced, * * * ; (2) That *586 the opposite party has an undue influence over the mind of the judge;' * * V (All…”
McPherson v. U.S. Physicians Mut. Risk Retention Grp., 99 S.W.3d 462 (Mo. Ct. App. 2003). · cites it 6× “05, as a party, she was entitled to an automatic change of judge in this civil action based on a timely application; or under Section 508.090 et. seq., the judge was disqualified in this civil suit where she, as a party, showed she could not get a fair trial because of the bias,…”
Elnicki v. Caracci, 255 S.W.3d 44 (Mo. Ct. App. 2008). · cites it 10× “Father argued that under Section 508.090, 2 the trial court’s duty was to determine whether the motion met the statutory scheme, and if so, to then transfer the case.”
Capps v. Capps, 715 S.W.2d 547 (Mo. Ct. App. 1986). · cites it 8× “05, and alternatively, disqualification of the judge, § 508.090 RSMo 1978. Husband also filed a Motion to Dismiss on the grounds that wife’s renewal motion failed to show an immediate and present danger of abuse.”
Smith v. Smith, 524 S.W.3d 95 (Mo. Ct. App. 2017). · cites it 6× “Smith then moved for a change of judge under Section 508.090 4 to hear the motion for attorney’s fees and the motion-to-modify case (discussed infra).”
Martin v. State, 526 S.W.3d 169 (Mo. Ct. App. 2017). · cites it 3× “Point Two: The motion court did not abuse its discretion in denying Martin’s Second Change of Judge Motion Martin's second point on appeal claims that the Second Change of Judge Motion complied with the procedures for securing a change of judge for cause set forth in sections…”
Dardick v. Dardick, 661 S.W.2d 538 (Mo. Ct. App. 1983). · cites it 5× “A change of venue may be awarded in a ‘civil suit,’ Section 508.090, RSMo 1949, V.A.M.S., but such a motion is not a civil suit.”
State ex rel. State High. Comm'n v. Curtis, 283 S.W.2d 458 (Mo. 1955). · cites it 9× “Section 508.090 RSMo 1949, V.A.M.S., in part, provides that “A change of venue may be awarded in any civil suit to any court of record, for any of the following causes: * * * (3) That the inhabitants of the county are prejudiced against the applicant; (4) That the opposite party…”
State v. Cella, 976 S.W.2d 543 (Mo. Ct. App. 1998). · cites it 6× “1991), the question presented to the court was whether or not, in a civil case, the motion for change of judge alleging bias and prejudice against the trial judge should have been considered under Section 508.090 RSMo 1986, which allows for a change of judge in the event of…”
Browder v. Milla, 296 S.W.2d 502 (Mo. Ct. App. 1956). · cites it 6× “Section 508.090 RSMo 1949, V.A.M.S., names those causes for which a change of 'venue may be awarded: “That the judge is interested or prejudiced * * In the past in construing change of venue statutes as they then existed, our appellate courts, upon one ground or another, and…”
State ex rel. Creamer v. Blair, 270 S.W.2d 1 (Mo. 1954). · cites it 9× “The application was made and acted upon under the provisions of Sections 508.090, 508.140, RSMo 1949, V.A.”
State ex rel. King v. Huesemann, 776 S.W.2d 488 (Mo. Ct. App. 1989). · cites it 4× “At that time the right to a change of judge was conferred by § 508.090, RSMo 1949, which allowed a change of judge “in any civil suit.”
Show all 35 citing cases →
Mo. Rev. Stat. § 508.090(1): 1 case
McPherson v. U.S. Physicians Mut. Risk Retention Grp., 99 S.W.3d 462 (Mo. Ct. App. 2003). “05, as a party, she was entitled to an automatic change of judge in this civil action based on a timely application; or under Section 508.090 et. seq., the judge was disqualified in this civil suit where she, as a party, showed she could not get a fair trial because of the bias,…”
Mo. Rev. Stat. § 508.090(2): 1 case
Land Clearance for Redevelopment Auth. v. Zitko, 386 S.W.2d 69 (Mo. 1964).
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