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Rule 51.05.Change of Judge--Procedure.

Part I · Rule 51: Venue, Including Change of Venue and Change of Judge · Last amended September 1, 2020 · Last verified July 22, 2026

In one sentenceRule 51.05 gives a party in any civil action the right to one automatic change of judge, without alleging any cause, if the party applies within the rule’s deadlines, and it lays out how the disqualified judge hands the case to a new one.

Full Text of Rule 51.05

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) A change of judge shall be ordered in any civil action upon the timely filing of a written application therefor by a party. For purposes of this Rule 51, proceedings to revoke probation or judicial parole and motions to modify child custody, child support, or spousal maintenance filed pursuant to chapter 452, RSMo, are not an independent civil actions unless the judge designated to rule on the motion is not the same judge that ruled on the previous independent action. The application need not allege or prove any cause for such change of judge and need not be verified.
(b) The application must be filed within 60 days from service of process or 30 days from the designation of the trial judge, whichever time is longer. If the designation of the trial judge occurs less than thirty days before trial, the application must be filed prior to any appearance before the trial judge.
In the case of intervenors, the application must be filed within 30 days of intervention or designation of the trial judge, whichever is later, but in no event may any intervening party obtain a change of judge pursuant to this Rule 51 unless the application is filed within 180 days of the designation of the trial judge.
(c) A copy of the application and notice of the time when it will be presented to the court shall be served on all parties.
(d) Application for change of judge may be made by one or more parties in any of the following classes: (1) plaintiffs; (2) defendants; (3) third-party plaintiffs (where a separate trial has been ordered); (4) third-party defendants; or (5) intervenors. Each of the foregoing classes is limited to one change of judge, and any such change granted any one or more members of a class exhausts the right of all members of the class to a change of judge. However, no party shall be precluded from later requesting any change of judge for cause. Further, in condemnation cases involving multiple defendants, as to which separate trials are to be held, each separate trial to determine damages shall be treated as a separate case for purposes of change of judge.
(e) The judge promptly shall sustain a timely application for change of judge upon its presentation. The disqualified judge shall transfer the case to a judge stipulated to by the parties if the new judge agrees to take the case. If the case is not so transferred, the disqualified judge shall notify the presiding judge:
(1) If the presiding judge is not disqualified in the case, the presiding judge shall assign a judge of the circuit who is not disqualified or request this Court to transfer a judge; or
(2) If the presiding judge is disqualified in the case, a judge of the circuit shall be assigned in accordance with local court rules, so long as the local court rules do not permit the disqualified judge to make the assignment, or the presiding judge shall request this Court to transfer a judge.
(f) If after a change of judge has been granted the action shall be removed on application of another party to some other county in the same circuit, the transferred judge shall continue as the judge therein.

Amendment History

Adopted Nov. 15, 1974, eff. Sept. 1, 1975; Amended June 24, 1986, eff. Jan. 1, 1987; Amended June 16, 1989, eff. Jan. 1, 1990; Amended June 1, 1993, eff. Jan. 1, 1994; Amended March 22, 1994, eff. Jan. 1, 1995; Amended June 17, 1997, eff. Jan. 1, 1998; Amended May 26, 1998, eff. Jan. 1, 1999; Amended June 17, 2004, eff. Jan. 1, 2005; Amended May 19, 2010, eff. Jan. 1, 2010; June 25, 2010, eff. Jan. 1, 2011; Amended Dec. 1, 2015, eff. July 1, 2016; Amended eff. July 1, 2018; eff. July 1, 2019; eff. Nov. 15, 2019; Amended Sept. 1, 2020, eff. Sept. 1, 2020.

Plain-English Summary

Rule 51.05 is Missouri’s peremptory change-of-judge rule: a party need not show bias or any other reason to remove the assigned judge from a civil action. The application needs no verification and no stated cause. The rule does carve out an exception for certain family-law-adjacent proceedings — probation or judicial parole revocation, and motions to modify custody, support, or maintenance under chapter 452 — treating them as part of the original case instead of independent actions, unless a different judge has been designated to rule on the motion.

Timing works on two tracks. The application must be filed within 60 days of service of process or 30 days after the trial judge is designated, whichever period is longer, and if the judge is designated less than 30 days before trial, the party must file before making any appearance before that judge. Intervenors get 30 days from intervening or from the judge’s designation, whichever is later, but never more than 180 days from the designation regardless.

As with the venue rules, parties are grouped into classes — plaintiffs, defendants, third-party plaintiffs and defendants, and intervenors — and each class gets one change of judge under this rule, though a party can still seek a later change for cause. Once a timely application is presented, the judge must promptly grant it. The case then goes to a judge the parties agree on, if that judge accepts it; otherwise the disqualified judge notifies the presiding judge, who assigns a replacement (or asks the Supreme Court of Missouri for one) unless the presiding judge is also disqualified, in which case local court rules govern the reassignment. If the case later moves to a different county in the same circuit, the newly assigned judge stays on it.

Frequently Asked Questions

Does a party need to give a reason for a change of judge under Rule 51.05?

No. No cause needs to be alleged or proven, and the application need not be verified.

What is the filing deadline under Rule 51.05?

Within 60 days of service of process or 30 days from the designation of the trial judge, whichever period is longer.

How many changes of judge can one class of parties get under this rule?

One per class, though any party can still seek a later change of judge for cause.

What happens once a timely application is granted?

The disqualified judge transfers the case to a judge agreed on by the parties, or notifies the presiding judge, who arranges reassignment.

Are custody, support, or maintenance modification motions treated as new civil actions under this rule?

Generally no, unless a different judge was designated to rule on that motion than the judge who ruled on the earlier action.

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: change of judgeperemptory change of judgedisqualification of judgeautomatic judge changemotion for new judgerecusal request