Missouri Revised Statutes













Chapter 545

Proceedings Before Trial

←545.480

Section 545.490.1

545.500→

August 28, 2015

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

545.490. 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.



(RSMo 1939 § 4019)



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







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