508.140. After notice given, duty of court.
After notice given, duty of court.
508.140. 1. If reasonable notice has been given to theadverse party or his attorney of record, the court or judge, asthe case may be, shall consider the application, and if it issufficient, the judge shall be disqualified or a change of venueshall be awarded to some county in the same, adjoining or nextadjoining circuit, convenient to the parties for the trial of thecase and where the causes complained of do not exist. One ormore of several parties plaintiff or defendant may ask for thechange of venue, and if the change is awarded the entire causeshall be removed, and there shall be no further change of venueawarded on the same side of the suit.
2. In all cases in counties in this state which have apopulation of more than sixty-five thousand inhabitants andwherein the removal is asked on the ground of objections to orprejudice of the inhabitants of the county and the adverse partyhas filed counter-affidavit controverting the objection to or theprejudice of the inhabitants of the county, the court shall hearevidence on the issue and determine the same on the merits of theevidence, and if the issue is determined in favor of theapplicant for the change of venue, the change shall be awarded asherein provided.
3. This section does not apply to causes wherein a specialvenire has been issued, and in such case the party not applyingfor the special venire shall be granted a change of venue as ofcourse, upon proper affidavit.
(RSMo 1939 § 1062, A.L. 1957 p. 294, A.L. 1967 p. 651)Prior revisions: 1929 § 911; 1919 § 1361; 1909 § 1931