Missouri Revised Statutes
Mo. Rev. Stat. § 508.100 (2026)
Judge disqualified without application, when
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508.100. Judge disqualified without application, when — exception. — 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.
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(RSMo 1939 § 1059, A.L. 1957 p. 294)
Prior revisions: 1929 § 908; 1919 § 1358; 1909 § 1928
Notes of Decisions
Cited in 3
cases, 1953–1956 · leading case: State Ex Rel. Creamer v. Blair, 270 S.W.2d 1 (Mo. 1954).
State Ex Rel. Creamer v. Blair, 270 S.W.2d 1 (Mo. 1954). “Swink the precise question was whether Sections 6 and 15 of Article V of the new Constitution had impliedly repealed Section 508.100 RSMo 1949, V.A.M.S., which provides that if the judge is interested or otherwise disqualified for any one or more of certain stated reasons, he…”
Pogue v. Swink, 261 S.W.2d 40 (Mo. 1953). “Francois county the position of the plaintiffs is that defendant, a litigant and judge, had no legal right under § 508.100 to enter the aforesaid order changing the venue.”
State Ex Rel. Boll v. Weinstein, 295 S.W.2d 62 (Mo. 1956). “2d 1 ), nor did the court attempt to disqualify and change the venue under § 508.100, which has been similarly supplanted.”
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