Rule 51.09.Clerk to Transmit File After Change of Venue.
Part I · Rule 51: Venue, Including Change of Venue and Change of Judge · Last amended January 1, 2024 · Last verified July 22, 2026
This rule prints two full, separately-dated versions in the official compilation (a pending or recent amendment straddle); both are shown below.
Full Text of Rule 51.09
Amendment History
Effective until January 1, 2024
Added Nov. 15, 1974, eff. Sept. 1, 1975; Amended Mar. 7, 2022, eff. Jan 1, 2024.
Effective January 1, 2024
Added Nov. 15, 1974, eff. Sept. 1, 1975; Amended Mar. 7, 2022, eff. Jan 1, 2024.
Plain-English Summary
Rule 51.09 makes the transfer ordered under Rules 51.02 through 51.045 happen at the clerk’s desk. Once a judge signs an order changing venue, the clerk of the sending court must get the case record to the clerk of the receiving court so the new court can pick up where the old one left off.
The rule’s text changed effective January 1, 2024, to reflect Missouri courts’ shift to electronic records. Before that date, the clerk’s duty ran to physical papers: transmitting the original documents and a certified transcript of docket entries, or preparing and sending a certified transcript along with original papers not otherwise part of the record. From that date forward, the rule instead directs the clerk to transmit the electronic court file to the receiving clerk, matching how Missouri courts now maintain case records.
Either way, the underlying purpose stays the same: make sure the receiving court has everything it needs to treat the case as its own, which Rule 51.10 confirms once the file arrives.
Frequently Asked Questions
What is the clerk required to do after a change of venue is ordered?
Transmit the case file to the clerk of the receiving court.
How did Rule 51.09 change effective January 1, 2024?
It moved from requiring transmission of paper originals and certified transcripts to requiring transmission of the electronic court file.
Does a party need to request the transfer of records separately?
No. The clerk’s duty is triggered by the change of venue order itself.
What happens if the clerk fails to transmit the record?
Rule 51.12 addresses that situation directly.