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Missouri Revised Statutes

Mo. Rev. Stat. § 508.130 (2026)

Application for disqualification of judge or change of venue

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  508.130.  Application for disqualification of judge or change of venue — contents. — Any party, his agent or attorney, may present to the court, or judge thereof in vacation, a petition setting forth the cause of his application for disqualification of the judge or for a change of venue, and when he obtained his information and knowledge of the existence thereof; and he shall annex thereto an affidavit, made by himself, his agent or attorney, to the truth of the petition, and that affiant has just cause to believe that he cannot have a fair trial on account of the cause alleged.  If the removal is asked because of objections to the inhabitants of the county, the application shall not include therein any other county than the one from which the change of venue is asked.

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(RSMo 1939 § 1061, A.L. 1957 p. 294)

Prior revisions: 1929 § 910; 1919 § 1360; 1909 § 1930

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1959–2021 · leading case: State ex rel. Wesolich v. Goeke, 794 S.W.2d 692 (Mo. Ct. App. 1990).
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State ex rel. Wesolich v. Goeke, 794 S.W.2d 692 (Mo. Ct. App. 1990). · cites it 6× “Judge alleges that wife’s motion was procedurally defective because wife failed to comply with Section 508.130 which requires that a signed affidavit be affixed to the petition.”
Martin v. State, 526 S.W.3d 169 (Mo. Ct. App. 2017). · cites it 4× “140), as well as of form (Section 508.130).” State ex rel. Wesolich, 794 S.”
Land Clearance for Redevelopment Auth. v. Zitko, 386 S.W.2d 69 (Mo. 1964). · cites it 8× “06 and § 508.130, RSMo 1959, V.A.M.S., require that a petition be filed setting forth the cause relied on for the disqualification or the change of venue and that the applicant or his agent or attorney make and annex thereto an affidavit to the truth of the petition and stating…”
Robert Gordon v. Bradley G. Epperly, 504 S.W.3d 836 (Mo. Ct. App. 2016). · cites it 3× “” § 508.130. If reasonable notice has been given to the non-moving party, the judge “shall consider the application, and if it is sufficient, the judge shall be disqualified.”
Elnicki v. Caracci, 255 S.W.3d 44 (Mo. Ct. App. 2008). · cites it 2× “Additionally, the related Section 508.130 provides, in pertinent part: [a]ny party, his agent or attorney, may present to the court, or judge thereof in vacation, a petition setting forth the cause of his application for disqualification of the judge .”
In re Alexander's Est., 360 S.W.2d 92 (Mo. 1962). · cites it 3× “Section 508.130, RSMo 1949, V.A.M.S., as amended Laws 1957, p.”
Nixon v. Dir. of Revenue, 883 S.W.2d 945 (Mo. Ct. App. 1994). · cites it 3× “Section 508.130, RSMo (1986) provides in pertinent part: Any party, his agent or attorney, may present to the court, or judge thereof in vacation, a petition setting forth the cause of his application for disqualification of the judge or for a change of venue, and when he…”
State ex rel. Ferguson v. Corrigan, 959 S.W.2d 113 (Mo. 1997). · cites it 2× “Section 508.130 requires an application to remove a judge for cause to have “annex[ed] thereto an affidavit .”
Erhart v. Todd, 325 S.W.2d 750 (Mo. 1959). “-090), upon petition by a party, his agent or attorney, setting forth the cause of his application for disqualification and when he obtained his information and knowledge thereof, and upon annexing thereto an affidavit “to the truth of the petition, and that affiant has just…”
Annexation of Certain Lands to the Boundaries of Pub. Water Supply Dist. No. 7 v. City of Pevely, 437 S.W.2d 108 (Mo. Ct. App. 1969). · cites it 2× “There being no affidavit attached to this motion although one was required by § 508.130, RSMo 1959, V.A.M.S., and by Civil Rule 51.”
Kristine Hendrix v. City of St. Louis, 636 S.W.3d 889 (Mo. Ct. App. 2021). “05 provides time limits for filing an application for a peremptory disqualification of a judge, as to an application for disqualification for cause, pursuant to Rule 51.”
Callahan v. Davis, 654 F. Supp. 135 (E.D. Mo. 1987). · cites it 2× “May federal judges refuse to disqualify themselves when they are adversaries in a lawsuit of the party whose case they are deciding? The appellate answer here is “Yes”.”
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