Rule 51.045.Transfer of Venue When Venue Improper.
Part I · Rule 51: Venue, Including Change of Venue and Change of Judge · Last amended January 1, 2012 · Last verified July 22, 2026
In one sentenceRule 51.045 sets the procedure for challenging venue as legally improper, requiring a timely motion naming proper counties, an opposing reply, and a court ruling, while preserving a party’s later Rule 51.03 change-of-venue right if the case lands in a small county.
(a)Any motion to transfer venue alleging improper venue shall be filed within 60 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. Any motion to transfer venue shall:
(1)Specify one or more counties in which the movant contends venue is proper, and
(2)State the basis for venue in each such county. If a motion to transfer venue is not timely filed, the issue of improper venue is waived. If a timely motion to transfer venue is filed, the venue issue is not waived by any other action in the case.
(b)Within 30 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 state the basis for venue in the forum or state reasons why venue is not proper in one or more counties specified by the movant. The court shall not consider any basis not stated 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 no reply is filed, the court shall order transfer to one of the counties specified in the motion. If a reply is filed but the issue is determined in favor of the movant, 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 75,000 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:
(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.
Amendment History
Adopted May 26, 2000, eff. Jan. 1, 2001; Amended June 21, 2002, eff. Jan. 1. 2003; Amended Nov. 25, 2003, eff. July 1, 2004; Amended June 21, 2005, eff. January 1, 2006; Amended June 28, 2011, eff. Jan. 1, 2012.
Plain-English Summary
Rule 51.045 addresses a different problem than Rules 51.02 through 51.04. Those rules assume venue is proper where the case was filed but let a party move it anyway, by agreement, as of right, or for cause. Rule 51.045 instead lets a party argue that venue is wrong under the law from the start and must be corrected.
A party who believes venue is improper must file a motion to transfer within 60 days of being served, though the court can extend that deadline or allow amendment for good cause shown. The motion must name one or more counties where the movant believes venue is proper and explain why. Miss the deadline, and the objection to venue is waived; file it on time, and the objection survives even if the party takes other action in the case. The opposing party then has 30 days to reply, stating why the movant’s proposed counties are wrong or why the current forum is proper. The court will not consider grounds the reply omits or arguments about fictitious defendants, but it may allow discovery limited to the venue question before ruling.
If no reply comes in, the court must transfer the case to one of the counties the movant named. If a reply is filed and the movant still wins, the court orders a transfer to a proper venue. Either way, the whole case moves unless a separate trial has been ordered. The rule also protects a party’s separate right to seek a change of venue under Rule 51.03 after a Rule 51.045 transfer, if the case ends up in a county of 75,000 or fewer inhabitants, by extending the filing deadline to whichever is later: the normal Rule 51.03 period, or ten days after being notified the case was docketed in the new court.
Frequently Asked Questions
How is Rule 51.045 different from Rules 51.02 through 51.04?
It challenges venue as legally improper from the outset, instead of seeking a discretionary or automatic transfer away from a venue that is otherwise proper.
What is the filing deadline for a motion to transfer under Rule 51.045?
Within 60 days of service on the party seeking transfer, though the court may extend the time for good cause shown.
What must the motion to transfer include?
One or more counties where the movant contends venue is proper, and the basis for venue in each county named.
What happens if no reply is filed?
The court must order transfer to one of the counties named in the motion.
Can a party still get a change of venue under Rule 51.03 after a Rule 51.045 transfer?
Yes, if the transferee county has 75,000 or fewer inhabitants, within the later of the normal Rule 51.03 deadline or ten days after notice of docketing in the new court.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as:improper venue motionmotion to transfer venuevenue transfer improperchange of venue impropervenue objectiontransfer for improper venue