Supreme Court of Missouri
en banc

In re:

Repeal of subdivision 51.045, entitled “Transfer of Venue When Venue Improper,” of Rule 51, entitled “Venue, Including Change of Venue and Change of Judge,” and in lieu thereof adoption of a new subdivision 51.045, entitled “Transfer of Venue When Venue Improper.”


1.  It is ordered that effective July 1, 2004, subdivision 51.045 of Rule 51 be and the same is hereby repealed and a new subdivision 51.045 adopted in lieu thereof to read as follows:

51.045  TRANSFER OF VENUE WHEN VENUE IMPROPER
(a) An action brought in a court where venue is improper shall be transferred to a court where venue is proper if a motion for such transfer is timely filed.  Any motion to transfer venue shall be filed within sixty days of service on the party seeking transfer.  For good cause shown, the court may extend the time to file a motion to transfer venue or allow the party to amend it.  
If a motion to transfer venue is not timely filed, the issue of improper venue is waived.
(b) Within thirty days after the filing of a motion to transfer for improper venue, an opposing party may file a reply.  For good cause shown, the court may extend the time to file the reply or allow the party to amend it.  
The reply shall set forth the basis for venue in the forum.  The court shall not consider any basis not set forth in the reply, nor shall the court consider allegations relating to fictitious defendants.  If a reply is filed, the court may allow discovery on the issue of venue and shall determine the issue.
(c) If the issue is determined in favor of the movant or if no reply is filed, the court shall order a transfer of venue to a court where venue is proper.  When a transfer of venue is ordered, the entire civil action shall be transferred unless a separate trial has been ordered.  If a separate trial is ordered, only that part of the civil action in which the movant is involved shall be transferred.
(d) A request for transfer of venue under this Rule 51.045 shall not deprive a party of the right to a change of venue under Rule 51.03 if the civil action is transferred to a county having seventy-five thousand or fewer inhabitants.  A party seeking a change of venue under Rule 51.03, after transfer of venue pursuant to this Rule 51.045, shall make application therefor within the later of:
(1) The time allowed by Rule 51.03, or
(2) Ten days of being served with notice of the docketing of the civil action in the transferee court as provided by Rule 51.10.

2.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

3.  It is ordered that this order be published in the South Western Reporter.

Day – to – Day

___________________________
RONNIE L. WHITE
Chief Justice