545.473. Cole County, change of venue, procedure.

MISSOURI STATUTES AND CODES

545.473. Cole County, change of venue, procedure.

Cole County, change of venue, procedure.

545.473. 1. Notwithstanding Missouri supreme court rule 32.03, adefendant with a case filed in a county with department of correctionscenters with a total average yearly offender population in excess of twothousand persons shall follow the procedure listed in subsections 2 to** 5of this section in order to obtain a change of venue for misdemeanors orfelonies.

2. Upon written application of the defendant, a change of venue maybe ordered in any criminal proceeding for the following reasons:

(1) That the inhabitants of the county are prejudiced against thedefendant; or

(2) That the state has an undue influence over the inhabitants of thecounty.

3. In felony cases, the application must be filed not later thanthirty days after arraignment. In misdemeanor cases, the application mustbe filed not later than ten days before the date set for trial.

4. A copy of the application and a notice of the time when it will bepresented to the court shall be served on all parties.

5. The application shall set forth the reason or reasons for changeof venue. It need not be verified and shall be signed by the defendant orhis attorney.

6. The state may, within five days after the filing of theapplication for a change of venue, file a denial of the existence of thereason or reasons alleged in the application. Such denial need not beverified. If a denial is filed, the court shall hear evidence anddetermine the issues. If the issues are determined in favor of thedefendant, or if the truth of the grounds alleged is within the knowledgeof the court, or if no denial is filed, a change of venue shall be orderedto some other county convenient to the parties and where the reason orreasons do not exist.