Missouri Revised Statutes

Mo. Rev. Stat. § 545.490 (2026)

Petition for change of venue must be proved and may be rebutted

✓ current as of May 2026

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545.490. Petition for change of venue must be proved and may be rebutted. — The petition of the applicant for a change of venue shall set forth the facts or grounds upon which such change is sought, and such petition shall be supported by the affidavit of petitioner and the affidavit of at least two credible disinterested citizens of the county where said cause is pending and the truth of the allegations thereof shall be proved, to the satisfaction of the court, by legal and competent evidence, and the prosecuting attorney may in such case offer evidence in rebuttal of that submitted in support of such application; the court, or judge in vacation, shall fix the number of witnesses for which the state or county may be liable; provided, in all cases in counties in this state which now have or may hereafter have a population of less than seventy-five thousand inhabitants if such petition for change of venue is supported by the affidavits of five or more credible disinterested citizens residing in different neighborhoods of the county where said cause is pending, then the court or judge in vacation, shall grant such change of venue, as of course, without additional proof; provided further, that reasonable previous notice of such application shall in all cases be given to the prosecuting attorney; and provided further, that if the facts alleged as the ground of the application be within the knowledge of the court or judge, he may order such removal of the cause without any formal proof or the filing of affidavit; and provided further, that if the application shall allege prejudice of the inhabitants of more than one county in the circuit in which the case is pending, the court may, upon proof of the allegations as herein provided for, order the case sent to some county in the same or some other circuit where such causes do not exist.

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(RSMo 1939 § 4019)

Prior revisions: 1929 § 3630; 1919 § 3973; 1909 § 5180

(1955) Where affidavit for change of venue, directed against inhabitants of both H. and O. counties, and filed in H. County, was sustained as to H. but overruled as to O. County and case was sent to O. County, it was held that court properly found from evidence that failure to give notice of application as to prejudice in O. County was not waived. State v. Atkinson (Mo.), 285 S.W.2d 563.

(1963) Defendant may not allege in his application that prejudice exists in multiple circuit. State v. Brookshire (Mo.), 368 S.W.2d 373.

(1963) Court did not abuse its discretion in overruling application for change of venue from Jasper County to Lawrence County in forcible rape case where record did not show that case was not as fully reported by newspapers, television, and radio in Lawrence County and throughout the state as in Jasper County and did not show bias and prejudice of inhabitants of Jasper County. State v. Odom (Mo.), 369 S.W.2d 173.

(1965) Affidavits alleging defendant would not receive a fair trial in county must state facts and not mere conclusions. State v. Martin (Mo.), 395 S.W.2d 97.

Notes of Decisions

Cited in 19 cases, 1952–2003 · leading case: State v. Kenney, 973 S.W.2d 536 (Mo. Ct. App. 1998).

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State v. Kenney, 973 S.W.2d 536 (Mo. Ct. App. 1998). · cites it 23× “04 and section 545.490 and that the trial court erred in applying section 545.”

State v. Boggs, 634 S.W.2d 447 (Mo. 1982). · cites it 10× “" Section 545.490, RSMo 1978, the applicable statute, is substantially similar in pertinent part to Rule 30.”

State v. Schneider, 736 S.W.2d 392 (Mo. 1987). · cites it 6× “See Section 545.490, RSMo 1986. Rule 32.04. He made a rather substantial showing that the circumstances of the double murder were well known in the county, but the trial judge brushed him aside.”

State v. Overkamp, 646 S.W.2d 733 (Mo. 1983). · cites it 3× “450 provides for a change of venue from the circuit in which such prejudice exists, and both of the above quoted statutes refer to § 545.490. Section 545.490 provides the procedure to be followed by the applicant for a change of venue, and reads in part: “[S]uch petition shall…”

State v. Holt, 603 S.W.2d 698 (Mo. Ct. App. 1980). · cites it 4× “04, and § 545.490 RSMo 1978, both require the application or motion for such change to be "supported by the affidavit of petitioner and the affidavit of at least two credible disinterested citizens of the county.”

State v. Davis, 107 S.W.3d 410 (Mo. Ct. App. 2003). · cites it 5× “There is no evidence that Davis filed an affidavit and the “affidavits of at least two credible disinterested citizens of [Jackson County] where said cause is pending” in support of his motion, as is required by section 545.490, RSMo.2000. In cases such as this, however, where…”

State v. Frederickson, 739 S.W.2d 708 (Mo. 1987). · cites it 5× “04 and section 545.490, RSMo 1986; however, her motion failed to meet the requirements of *710 either.”

State v. Parcel, 546 S.W.2d 571 (Mo. Ct. App. 1977). · cites it 2× “Three of the witnesses recalled reading or hearing about the crime and Weeks’ trial but remembered little or nothing about either event.”

State v. Harris, 670 S.W.2d 73 (Mo. Ct. App. 1984). · cites it 2× “-660, RSMo 1978 (disqualification of judges in criminal cases) and § 545.490, RSMo 1978 (change of venue in criminal cases).”

State v. Hayes, 624 S.W.2d 16 (Mo. 1981). · cites it 2× “” § 545.490, RSMo 1978. Appellant elected to stand upon the unsupported conclusory allegation of his motion and the media attention given the episode.”

State v. Martin, 395 S.W.2d 97 (Mo. 1965). · cites it 3× “” Five residents of Cole County made affidavits alleging that the matters set forth in said motion were true.”

Williams v. State, 558 S.W.2d 671 (Mo. Ct. App. 1977). · cites it 2× “Williams first asserts he was denied the effective assistance of counsel in his trial because his counsel filed a motion for a change of venue from Cole County, but failed to accompany the motion with the required affidavits under § 545.490, RSMo 1969, and because his counsel…”

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