508.140. After notice given, duty of court. — 1. If reasonable notice has been given to the adverse party or his attorney of record, the court or judge, as the case may be, shall consider the application, and if it is sufficient, the judge shall be disqualified or a change of venue shall be awarded to some county in the same, adjoining or next adjoining circuit, convenient to the parties for the trial of the case and where the causes complained of do not exist. One or more of several parties plaintiff or defendant may ask for the change of venue, and if the change is awarded the entire cause shall be removed, and there shall be no further change of venue awarded on the same side of the suit.
2. In all cases in counties in this state which have a population of more than sixty-five thousand inhabitants and wherein the removal is asked on the ground of objections to or prejudice of the inhabitants of the county and the adverse party has filed counter-affidavit controverting the objection to or the prejudice of the inhabitants of the county, the court shall hear evidence on the issue and determine the same on the merits of the evidence, and if the issue is determined in favor of the applicant for the change of venue, the change shall be awarded as herein provided.
3. This section does not apply to causes wherein a special venire has been issued, and in such case the party not applying for the special venire shall be granted a change of venue as of course, upon proper affidavit.
Notes of Decisions
Cited in
13
cases, 1952–2017 · leading case:
Martin v. State, 526 S.W.3d 169 (Mo. Ct. App. 2017).
Martin v. State, 526 S.W.3d 169 (Mo. Ct. App. 2017).
· cites it 8× “120), of notice (Section 508.140), as well as of form (Section 508.”
State Ex Rel. Creamer v. Blair, 270 S.W.2d 1 (Mo. 1954).
· cites it 18× “V of the 1945 Constitution constituted a repeal by implication of the provisions of Section 508.140 RSMo 1949, V.A. M.S., applicable where there is interest, prejudice or other objection to the judge only.”
State Ex Rel. Wesolich v. Goeke, 794 S.W.2d 692 (Mo. Ct. App. 1990).
· cites it 2× “120), 2 of notice (Section 508.140), as *697 well as of form (Section 508.”
State ex rel. State High. Comm'n v. Curtis, 283 S.W.2d 458 (Mo. 1955).
· cites it 7× “Respondent relies upon a particular provision in Section 508.140 RSMo 1949, V.A.M.S., to the effect that, if one or more of several parties plaintiff or defendant ask a change of venue and “the change is awarded the entire cause shall be removed”.”
Land Clearance for Redevelopment Auth. v. Zitko, 386 S.W.2d 69 (Mo. 1964).
· cites it 4× “In counties having more than 75,000 inhabitants, an application for a change of venue to another county on the ground of undue influence over or prejudice of the inhabitants of the county may be controverted by the adverse party and the court is entitled to hear evidence on the…”
State Ex Rel. Peabody Coal Co. v. Powell, 574 S.W.2d 423 (Mo. 1978).
· cites it 2× “” Later that afternoon defendant’s counsel ex parte raised the question with respondent as to whether, in view of § 508.140, *425 RSMo 1969, a change of venue could be awarded other than to some other county in the adjoining or next adjoining circuit.”
Hayes v. Hayes, 252 S.W.2d 323 (Mo. 1952).
· cites it 2× “Section 508.140 provides that where an application is based upon an objection to the judge, and that if *591 the parties agree upon a special, judge or request the election of a special judge, a change of venue shaJl not be awarded to another county.”
In Re Alexander's Est., 360 S.W.2d 92 (Mo. 1962).
· cites it 3× “" Section 508.140, RSMo 1949, V.A.M.S., as amended Laws 1957, p.”
State Ex Rel. Earnest v. Meriwether, 270 S.W.2d 20 (Mo. 1954).
· cites it 3× “Thereafter, on the same day, said respondent, acting in accord with the provisions of Section 508.140 RSMo 1949, V.A.M.S., ordered the venue of the second petition changed to the Circuit Court of Schuyler County and, over the protest of relators, further held that the essential…”
Erhart v. Todd, 325 S.W.2d 750 (Mo. 1959).
“If reasonable notice has been given the adverse party, the judge shall consider the application, and if it is sufficient, the judge shall be disqualified (§ 508.140, subd. 1). Above statutory references are to Mo.”
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