Section 478.462

Title XXXII COURTS

Chapter 478

Effective - 28 Aug 1988   

  478.462.  Circuit No. 16, filing in improper division of circuit, venue — transfer of cases, when. — The provisions of section 478.461, section 506.110, or any other law to the contrary notwithstanding, any action or court proceeding may be instituted in the sixteenth judicial circuit by filing the necessary papers and subsequent papers in the office of the court administrator in either Independence or Kansas City, and such filing shall not be subject to dismissal for improper venue or jurisdiction solely upon the grounds that the cause was filed in the improper portion of the circuit.  The judge before whom the cause is pending shall, upon challenge of improper venue or of improper jurisdiction pursuant to section 478.461, or both, transfer the cause to a division within the proper portion of the circuit and such transfer shall not affect the rights of any party to the cause.  If no challenge to venue or jurisdiction alleging a filing in the wrong portion of the circuit is made, such allegation of improper venue or jurisdiction, or both, in the cause is waived and the court shall hear the cause without further consideration of venue or jurisdiction based on filing in the wrong portion of the circuit.

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(L. 1988 S.B. 522 § 1)