Section 508.010

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 508

Effective - 28 Aug 2014, 3 histories, see footnote   (history) 

  508.010.  Venue for nontort and tort suits — principal place of residence, defined. — 1.  As used in this section, "principal place of residence" shall mean the county which is the main place where an individual resides in the state of Missouri.  There shall be a rebuttable presumption that the county of voter registration at the time of injury is the principal place of residence.  There shall be only one principal place of residence.

  2.  In all actions in which there is no count alleging a tort, venue shall be determined as follows:

  (1)  When the defendant is a resident of the state, either in the county within which the defendant resides, or in the county within which the plaintiff resides, and the defendant may be found;

  (2)  When there are several defendants, and they reside in different counties, the suit may be brought in any such county;

  (3)  When there are several defendants, some residents and others nonresidents of the state, suit may be brought in any county in this state in which any defendant resides;

  (4)  When all the defendants are nonresidents of the state, suit may be brought in any county in this state.

  3.  The term "tort" shall include claims based upon improper health care, under the provisions of chapter 538.

  4.  Notwithstanding any other provision of law, in all actions in which there is any count alleging a tort and in which the plaintiff was first injured in the state of Missouri, venue shall be in the county where the plaintiff was first injured by the wrongful acts or negligent conduct alleged in the action.

  5.  Notwithstanding any other provision of law, in all actions in which there is any count alleging a tort and in which the plaintiff was first injured outside the state of Missouri, venue shall be determined as follows:

  (1)  If the defendant is a corporation, then venue shall be in any county where a defendant corporation's registered agent is located or, if the plaintiff's principal place of residence was in the state of Missouri on the date the plaintiff was first injured, then venue may be in the county of the plaintiff's principal place of residence on the date the plaintiff was first injured;

  (2)  If the defendant is an individual, then venue shall be in any county of the individual defendant's principal place of residence in the state of Missouri or, if the plaintiff's principal place of residence was in the state of Missouri on the date the plaintiff was first injured, then venue may be in the county containing the plaintiff's principal place of residence on the date the plaintiff was first injured;

  (3)  Notwithstanding subdivisions (1) and (2) of this subsection, if the plaintiff was first injured in a foreign country in connection with any railroad operations therein and any defendant is a:

  (a)  Corporation that, either directly or through its subsidiaries, wholly owns or operates the foreign railroad; or

  (b)  Wholly owned subsidiary of a corporation that, either directly or through its subsidiaries, wholly owns or operates the foreign railroad;

­

then venue shall exclusively be in the county where any such defendant corporation's registered agent is located, regardless of venue as to any other defendant or, if the plaintiff's principal place of residence was in the state of Missouri on the date the plaintiff was first injured, then venue may be in the county of the plaintiff's principal place of residence on the date the plaintiff was first injured.

  6.  Any action, in which any county shall be a plaintiff, may be commenced and prosecuted to final judgment in the county in which the defendant or defendants reside, or in the county suing and where the defendants, or one of them, may be found.

  7.  In all actions, process shall be issued by the court in which the action is filed and process may be served in any county within the state.

  8.  In any action for defamation or for invasion of privacy, the plaintiff shall be considered first injured in the county in which the defamation or invasion was first published.

  9.  In all actions, venue shall be determined as of the date the plaintiff was first injured.

  10.  All motions to dismiss or to transfer based upon a claim of improper venue shall be deemed granted if not denied within ninety days of filing of the motion unless such time period is waived in writing by all parties.

  11.  In a wrongful death action, the plaintiff shall be considered first injured where the decedent was first injured by the wrongful acts or negligent conduct alleged in the action.  In any spouse's claim for loss of consortium, the plaintiff claiming consortium shall be considered first injured where the other spouse was first injured by the wrongful acts or negligent conduct alleged in the action.

  12.  The provisions of this section shall apply irrespective of whether the defendant is a for-profit or a not-for-profit entity.

  13.  In any civil action, if all parties agree in writing to a change of venue, the court shall transfer venue to the county within the state unanimously chosen by the parties.  If any parties are added to the cause of action after the date of said transfer who do not consent to said transfer then the cause of action shall be transferred to such county in which venue is appropriate under this section, based upon the amended pleadings.

  14.  A plaintiff is considered first injured where the trauma or exposure occurred rather than where symptoms are first manifested.

­­--------

(RSMo 1939 § 871, A.L. 1965 p. 659, A.L. 2005 H.B. 393, A.L. 2014 S.B. 890)

Prior revisions: 1929 § 720; 1919 § 1177; 1909 § 1751

CROSS REFERENCES:

Action against carrier for loss or damage to shipment, 537.250

Action against nonresident motorist, 506.290

Administrative decisions, proceedings to review, Chap. 536

Administrative rules, action to test validity, Chap. 536

Applicability of statute changes to cases filed after August 28, 2005, 538.305

Dissolution of marriage, divorce and maintenance actions, Chap. 452

Injunction to stay suit or judgment, 526.090

Mortgage foreclosure action, 443.200

Venue in wrong circuit or division circuit court, may transfer case where it could have been brought, 476.410

(1952) Objection to venue can be waived and unless fact of improper venue is raised by party entitled to assert it before trial it is waived. Entry of general appearance constitutes waiver. Jones v. Church (A.), 252 S.W.2d 647.

(1953) Venue of action in county where one or more of several defendants reside does not require that a joint cause of action be asserted against all defendants. If causes which may be joined under § 507.040 are asserted against the defendants, subdivision (2) of this section fixes venue. State ex rel. Campbell v. James (Mo.), 263 S.W.2d 402.

(1954) A foreign corporation may be sued under § 508.040 in any county where it has an office if it is the sole defendant but if it is joined as a codefendant with others it must be sued in the county where its registered office is maintained or in a county where one of the defendants resides. State ex rel.  Whiteman v. James, 364 Mo. 589, 265 S.W.2d 298.

(1956) Action for declaratory judgment and injunction against former partners of plaintiff and stakeholder based on contract for settlement of partnership, where there were both resident and nonresident defendants, held properly brought in county of stakeholder's residence although joint cause of action against stakeholder and other defendants was not stated.  Durwood v. Dubinsky (Mo.), 291 S.W.2d 909.

(1956) Where all parties to action were residents of Kansas and defendant was served in Missouri, there apparently being collusion between defendant and plaintiff's counsel, court had discretion to dismiss on ground of forum non conveniens. Elliott v. Johnston, 365 Mo. 881, 292 S.W.2d 589.

(1958) Where summons in separate maintenance action was served on defendant who was nonresident of county while he was in the county defending a criminal nonsupport proceeding instigated by his wife, the evidence was insufficient to establish fraud so as to invalidate the service. Glaize v. Glaize (A.), 311 S.W.2d 575.

(1959) Where plaintiff resided in one county and two defendants in another, service on one defendant in his home county did not confer jurisdiction over him, even though the other defendant was served in the county in which plaintiff resided.  State ex rel. McCarter v. Craig (Mo.), 328 S.W.2d 589.

(1959) In suit by Pulaski County residents against three defendants where one was nonresident of the state and other two were residents of Howell County, but the only defendant served was found in Pulaski County, Pulaski County was the proper venue for the action against the one defendant served.  State ex rel. Kissinger v. Allison (A.), 328 S.W.2d 952.

(1960) Circuit court of Jasper County was without jurisdiction of appeal from action of attorney general in formulating ballot title for constitutional amendment since service of summons was ineffectual to confer jurisdiction over defendant's person and, if the action was in rem, the situs of ballot title was in Cole County. State ex rel. Dalton v. Oldham (Mo.), 336 S.W.2d 519.

(1960) Venue in a suit against a foreign insurance company and an individual is governed by § 508.010 which provides that when there are several defendants and they reside in different counties, suit may be brought in any such county. Section 351.375 has no application to foreign insurance companies.  State ex rel. Stamm v. Mayfield (Mo.), 340 S.W.2d 631.

(1961) Where a corporation of one county was sued by a resident of another county the corporation could not bring in by a third party petition another defendant who resided in the same county in which the corporation resides since the court of the county of plaintiff's residence would not have jurisdiction over him under the venue statutes. State ex rel. Carney v. Higgins (Mo.) 352 S.W.2d 35.

(1962) The objection to venue is a personal privilege and it was waived where, after plaintiffs in two cases had dismissed as to the one defendant in each case who resided in the county where suit was filed, the defendant consented to a consolidation of the two actions, accepted an assignment to a trial division and requested a continuance. In such circumstances the objection that one defendant was made a defendant solely for the purpose of fixing the venue was waived. Hutchinson v. Steinke (A.), 353 S.W.2d 137.

(1962) Where individual and foreign business corporation were joined as co-defendants in action brought in Jackson County venue was improper only as to individual defendant, a resident of Franklin County, since the corporation maintained its registered office and registered agent in St. Louis City although it maintained a general business office in Kansas City and did not object to venue. State v. Jensen (Mo.), 359 S.W.2d 343.

(1987) For actions against the Missouri Highway and Transportation Commission special venue is fixed in Cole County by 1927 judicial interpretation of section 226.100 since office is established in Jefferson City and thus venue in action against Commission pursuant to this section was improper. State ex. rel. Missouri Highway and Transportation Commission, 731 S.W.2d 461 (Mo.App.).

(2016) If personal and subject matter jurisdiction are established, venue is proper in any county in Missouri in the absence of an express provision by the General Assembly restricting venue.  State ex rel. Heartland Title Servs. v. Harrell, 500 S.W.3d 239 (Mo.).