Rule 32 | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1996

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.01 | Misdemeanors or Felonies – Jurisdiction and Venue not Affected

This Rule 32 shall not be construed to extend or limit the jurisdiction of the courts of Missouri or the venue of criminal proceedings therein.

Committee Note – 1982

This is new. Compare: Rule 51.01.


(Adopted April 20, 1981, effective January 1, 1982. Amended May 30, 1995, effective January 1, 1996.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1996

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.02 | Misdemeanors or Felonies – Change of Venue by Agreement

If the parties file a stipulation agreeing upon the transfer of a criminal proceeding triable by jury to a designated court of competent jurisdiction, the court shall order the criminal proceeding transferred to such court. The stipulation shall be filed not later than ten days after the initial plea is entered. The stipulation may be signed by the defendant or the defendant's attorney. Thereafter, no change of venue or change of judge shall be granted to any party stipulating to the change except as provided in Rule 32.09(c) or Rule 32.10. In lieu of transferring the case to the stipulated county, the court may secure a jury from another county as provided by law.

Committee Note – 1982

This is new. Compare: Rule 51.02


(Adopted April 20, 1981, effective January 1, 1982. Amended February 25, 1992, effective January 1, 1993; amended December 21, 1993, effective January 1, 1995; amended May 30, 1995, effective January 1, 1996.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 2014

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.03 | Misdemeanors or Felonies – Change of Venue as a Matter of Right in Certain Counties – Procedure

(a) A change of venue shall be ordered in any criminal proceeding triable by a jury pending in a county having seventy-five thousand or fewer inhabitants upon the filing of a written application therefor by the defendant. In felony and misdemeanor cases the application must be filed not later than ten days after the initial plea is entered. The defendant need not allege or prove any reason for change. The application need not be verified and shall be signed by the defendant or the defendant's attorney.

(b) A copy of the application and notice of the time when it will be presented in the court shall be served on all parties.

(c) If a timely application is filed, the court immediately shall order the case transferred to some other county convenient to the parties for trial by jury, first giving all parties an opportunity to make suggestions as to where the case should be sent. In lieu of transferring the case to another county, the court may secure a jury from another county as provided by law.

(d) All proceedings, except the trial by jury, may, in the trial court's discretion, occur in the originating county.

Committee Note – 1982

Paragraph (a) is new. Compare: Rule 51.03(a), prior Rule 30.01, prior Rule 30.02, prior Rule 30.03 and prior Rule 30.04.

Paragraph (b) is new. Compare: Rule 51.03(b).

Paragraph (c) is new. Compare: Rule 51.03(c), prior Rule 30.01 and prior Rule 30.04.

The following application would be sufficient: "(Caption) Defendant requests a change of venue.
(Signature and address of attorney or defendants.)"


(Adopted April 20, 1981, effective January 1, 1982. Amended June 16, 1989, effective January 1, 1990; amended Dec. 21, 1993, effective January 1, 1995; amended May 30, 1995, effective January 1, 1996; amended June 20, 2013, effective January 1, 2014.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1996

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.04 | Misdemeanors or Felonies – Change of Venue from Inhabitants for Cause – Procedure

(a) Upon written application of the defendant, a change of venue may be ordered in any criminal proceeding triable by jury for the following reasons:

(1) that the inhabitants of the county are prejudiced against the defendant; or

(2) that the state has an undue influence over the inhabitants of the county.

(b) In felony and misdemeanor cases the application must be filed not later than ten days after the initial plea is entered.

(c) A copy of the application and a notice of the time when it will be presented to the court shall be served on all parties.

(d) The application shall set forth the reason or reasons for the change of venue. It need not be verified but shall be signed by the defendant or the defendant's attorney.

(e) The state, within ten days after the filing of the application for a change of venue, may file a denial of the existence of the reason or reasons alleged in the application. Such denial need not be verified. If a denial is filed, the court shall hear evidence and determine the issues. If the issues are determined in favor of the defendant, or if the truth of the grounds alleged is within the knowledge of the court, or if no denial is filed, a change of venue shall be ordered to some other county convenient to the parties and where the reason or reasons do not exist. The court may enlarge the time for filing a denial as provided in Rule 20.01(b). In lieu of transferring the case to another county, the court may secure a jury from another county as provided by law.

Committee Note – 1982

Paragraph (a) is new. Compare: Rule 51.04(a), prior Rule 30.01 and prior Rule 30.04.

Paragraph (b) is new. Compare: Rule 51.04(b), prior Rule 30.03 and prior Rule 30.04.

Paragraph (c) is new Compare: Rule 51.04(c)

Paragraph (d) is new. Compare: Rule 51.04(d), prior Rule 30.02 and prior Rule 30.04.

Paragraph (e) is new. Compare: Rule 51.04(e) and prior Rule 30.04.


(Adopted April 20, 1981, effective January 1, 1982. Amended June 16, 1989, effective January 1, 1990; amended December 21, 1993, effective January 1, 1995; amended May 30, 1995, effective January 1, 1996.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1982

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.05 | Misdemeanors or Felonies – Change of Venue – Joint Defendants

Where there are joint defendants and the court grants a change of venue to one or more but not all of them, the order shall not affect the venue of the proceedings against the remaining defendants.

Committee Note – 1982

This is substantially the same as prior Rule 30.11.


(Adopted April 20, 1981, effective January 1, 1982.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1996

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.06 | Misdemeanors or Felonies – Preliminary Examination – Change of Judge – Procedure

(a) A change of judge shall be ordered before a preliminary examination upon the filing of a written application therefor not later than ten days prior to the initial date set for examination or within ten days of the designation of the judge, whichever is later; provided that the change of judge shall be requested prior to the commencement of the preliminary examination. The applicant need not allege or prove any reason for such change. The application need not be verified and may be signed by any party or an attorney for any party.

(b) A copy of the application and a notice of the time when it will be presented to the court shall be served on all parties.

(c) If the application is timely filed, the judge shall promptly sustain the application and notify the presiding judge who shall assign a judge within the circuit or request this Court to transfer a judge.

Committee Note – 1982

Paragraph (a) is new. Compare: Rule 51.05(a) and (b)

Paragraph (b) is new. Compare: Rule 51.05(c)

Paragraph (c) is new.

The following application would be sufficient:
“(Caption)
__________ requests a change of judge.
(Signature and address of attorney or party.)”


(Adopted April 20, 1981, effective January 1, 1982. Amended December 21, 1993, effective January 1, 1995; Jan. 25, 1995, effective January 1, 1996.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1996

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.07 | Misdemeanors or Felonies – Change of Judge – Procedure

(a) Except as provided in Rule 32.06, a change of judge shall be ordered in any criminal proceeding upon the timely filing of a written application therefor by any party. The applicant need not allege or prove any reason for such change. The application need not be verified and may be signed by any party or an attorney for any party.

(b) In felony and misdemeanor cases the application must be filed not later than ten days after the initial plea is entered. If the designation of the trial judge occurs more than ten days after the initial plea is entered, the application shall be filed within ten days of the designation of the trial judge or prior to commencement of any proceeding on the record, whichever is earlier.

(c) A copy of the application and a notice of the time when it will be presented to the court shall be served on all parties.

(d) Upon the presentation of a timely application for change of judge, the judge promptly shall sustain the application. The disqualified judge shall thereupon:

(1) If the case is being heard by an associate circuit judge, notify the presiding judge who shall assign a judge within the circuit or request this Court to transfer a judge.

(2) If the case is being heard by the only circuit judge in the circuit, or by an associate circuit judge after the disqualification of the only circuit judge in the circuit, request this Court to transfer a judge.

(3) If the case is being heard by a circuit judge in a circuit having two circuit judges, transfer the case to the other circuit judge or request this Court to transfer a judge.

(4) If the case is being heard by a circuit judge in a circuit having three or more circuit judges, transfer the case to the presiding judge for assignment by lot or the presiding judge may request this Court to transfer a judge or the case may be assigned in accordance with local court rules.

(e) If after a change of judge has been granted the action shall be removed on application of another party to some other county in the same circuit, the transferred judge shall continue as the judge therein.

Committee Note – 1982

Paragraph (a) is new. Compare: Rule 51.05(a), prior Rule 22.05 and prior Rule 30.12.

Paragraph (b) is new. Compare: Rule 51.05(b) and prior Rule 22.05.

Paragraph (c) is new. Compare: Rule 51.05(b) and prior Rule 30.12.

Paragraph (d) is new. Compare: Rule 51.05(c).

Paragraph (e) is new. Compare: Rule 51.05(e) and prior Rule 30.13.

The following application would be sufficient:
“(Caption)
_________ requests a change of judge.
(Signature and address of attorney or party.)


(Adopted April 20, 1981, effective January 1, 1982. Amended December 21, 1993, effective January 1, 1995; amended May 30, 1995, effective January 1, 1996.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1996

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.08 | Misdemeanors or Felonies – Joint Application for Change of Venue and Change of Judge – When Required – Procedure – Notice of Requirement

(a) If a party requests and obtains either a change of venue or a change of judge, except a change of judge pursuant to Rule 32.06, that party shall not be granted any additional change thereafter except as provided in Rule 32.09(c) or Rule 32.10. A defendant who desires both a change of venue and a change of judge, except a change of judge pursuant to Rule 32.06, must join both requests in a single application.

(b) A copy of the application and notice of the time when it will be presented to the court shall be served on all parties.

(c) Upon the timely presentation of an application requesting a change of judge and a change of venue and if no such application has previously been made by the requesting party, the judge promptly shall sustain the application for change of judge and transfer the case in accordance with the procedures of Rule 32.07(d).

(d) The newly assigned judge shall determine the request for change of venue. If the change of venue is a matter of right, the assigned judge may order the change of venue without the judge's appearance in the county from which the change is taken after giving all parties an opportunity to make suggestions as to where the case should be sent.

(e) If the application for change of venue is granted, the judge shall order the change of venue. If the change of venue is denied or if the change of venue is to another county in the same circuit, the newly assigned judge shall continue to be the judge in the criminal proceeding.

Committee Note – 1982

Paragraph (a) is new. Compare: Rule 51.06(a)

Paragraph (b) is new. Compare: Rule 51.06(c), Rule 51.04(c) and Rule 51.05(c).

Paragraph (c) is new. Compare: Rule 51.06(b) and prior Rule 30.13.

Paragraph (d) is new. Compare: Rule 51.06(b).


(Adopted April 20, 1981, effective January 1, 1982. Amended October 15, 1981, effective January 1, 1982; amended May 30, 1995, effective January 1, 1996.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1996

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.09 | Misdemeanors or Felonies – Only One Change of Venue or Change of Judge Granted to Same Party – Exception

(a) Neither the state nor any defendant shall be allowed more than one change of judge in any criminal proceeding except that the exercise of an application for change of judge prior to the preliminary examination shall not prohibit a party from filing another application for change of judge if the defendant is held to answer for the charge.

(b) No defendant shall be allowed more than one change of venue under Rules 32.01 through 32.09, inclusive.

(c) However, nothing contained in Rules 32.01 through 32.09, inclusive, shall prohibit a judge from ordering a change of venue or change of judge when fundamental fairness so requires or pursuant to Rule 32.10.

Committee Note – 1982

Paragraph (a) is new. Compare: Rule 51.05(d) and prior Rule 30.12.

Paragraph (b) is new. Compare: Rule 51.04(f) and prior Rule 30.07.

Paragraph (c) is new.


(Adopted April 20, 1981, effective January 1, 1982. Amended May 30, 1995, effective January 1, 1996.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1996

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.10 | Misdemeanors or Felonies – When Judge Disqualifies Without Application

If the judge is related to any defendant or has an interest in or has been counsel in the criminal proceedings or disqualifies for any other reason, the judge promptly shall transfer the case to the presiding judge of the circuit for reassignment in accordance with the procedures of Rule 32.07(d).

Committee Note – 1982

This is new. Compare: Rule 51.07, prior Rule 30.12 and prior Rule 30.13.


(Adopted April 20, 1981, effective January 1, 1982. Amended May 30, 1995, effective January 1, 1996.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 2024

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.11 | Misdemeanors or Felonies – Clerk to Transmit File After Change of Venue

(a) When an order of change of venue is made, the clerk shall forthwith transmit the electronic court file to the clerk of the court to which the removal is ordered.

(b) At the time of transmittal, the clerk shall certify that a copy of the docket sheet and all claims for payment of costs filed with the court to date are included, and that the costs and fees information provided is an accurate accounting of all costs and fees that accrued in the case.


(Adopted April 20, 1981, effective January 1, 1982. Amended June 27, 2023, effective January 1, 2024.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1982

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.12 | Misdemeanors or Felonies – Custody of Defendant – Transfer

When the defendant is confined, the court shall order the sheriff to transfer the defendant to the jail of the county to which the criminal proceeding is removed, and there deliver him to the keeper of such jail, together with the warrant or process by virtue of which the defendant is imprisoned or held. The sheriff shall obey such order, without unnecessary delay, and shall endorse on the warrant of commitment or process by virtue of which the prisoner was in his custody, the reason for such change of custody, and shall deliver such warrant, with the prisoner, to the keeper of the jail of the proper county. Such keeper shall give such sheriff a receipt therefor and take charge of and safely keep the prisoner in the same manner as if he had been originally committed to such jail.

Committee Note – 1982

This is substantially the same as prior Rule 30.08.


(Adopted April 20, 1981, effective January 1, 1982.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1982

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.13 | Misdemeanors or Felonies – Order of Change of Venue May Be Annulled – When

A court which has granted a change of venue may annul the order, with consent of the parties, at any time before the papers or transcript are filed in the court to which the venue was changed.

Committee Note – 1982

This is new. Compare: Rule 51.13.


(Adopted April 20, 1981, effective January 1, 1982.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1982

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.14 | Misdemeanors or Felonies – Jurisdiction of Court in Transferred Criminal Proceedings

The court to which any criminal proceeding shall be transferred by change of venue shall have jurisdiction to hear and determine the same as if it had originated there.

Committee Note – 1982

This is new. Compare: Rule 51.14.


(Adopted April 20, 1981, effective January 1, 1982.)

First Adopted: April 20, 1981

Most Recently Effective: January 01, 1982

Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge

32.15 | Misdemeanors or Felonies – Other Judge Sitting in or Assigned to Court May Perform Judge's Duties – When

If by reason of his going out of office, death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these Rules after a verdict is returned or findings of fact are filed, then any other judge sitting in or assigned to the court in which the criminal proceeding was tried may perform those duties; but if such other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.

Committee Note – 1982

This is new. Compare: Rule 79.01.


(Adopted April 20, 1981, effective January 1, 1982.)