545.490. Petition for change of venue must be proved and may be rebutted. - Missouri Statutes

Petition for change of venue must be proved and may be rebutted.

545.490. The petition of the applicant for a change of venueshall set forth the facts or grounds upon which such change issought, and such petition shall be supported by the affidavit ofpetitioner and the affidavit of at least two credibledisinterested citizens of the county where said cause is pendingand the truth of the allegations thereof shall be proved, to thesatisfaction of the court, by legal and competent evidence, andthe prosecuting attorney may in such case offer evidence inrebuttal of that submitted in support of such application; thecourt, or judge in vacation, shall fix the number of witnessesfor which the state or county may be liable; provided, in allcases in counties in this state which now have or may hereafterhave a population of less than seventy-five thousand inhabitantsif such petition for change of venue is supported by theaffidavits of five or more credible disinterested citizensresiding in different neighborhoods of the county where saidcause is pending, then the court or judge in vacation, shallgrant such change of venue, as of course, without additionalproof; provided further, that reasonable previous notice of suchapplication shall in all cases be given to the prosecutingattorney; and provided further, that if the facts alleged as theground of the application be within the knowledge of the court orjudge, he may order such removal of the cause without any formalproof or the filing of affidavit; and provided further, that ifthe application shall allege prejudice of the inhabitants of morethan one county in the circuit in which the case is pending, thecourt may, upon proof of the allegations as herein provided for,order the case sent to some county in the same or some othercircuit where such causes do not exist.

(RSMo 1939 § 4019)

Prior revisions: 1929 § 3630; 1919 § 3973; 1909 § 5180

(1955) Where affidavit for change of venue, directed against inhabitants of both H. and O. counties, and filed in H. County, was sustained as to H. but overruled as to O. County and case was sent to O. County, it was held that court properly found from evidence that failure to give notice of application as to prejudice in O. County was not waived. State v. Atkinson (Mo.), 285 S.W.2d 563.

(1963) Defendant may not allege in his application that prejudice exists in multiple circuit. State v. Brookshire (Mo.), 368 S.W.2d 373.

(1963) Court did not abuse its discretion in overruling application for change of venue from Jasper County to Lawrence County in forcible rape case where record did not show that case was not as fully reported by newspapers, television, and radio in Lawrence County and throughout the state as in Jasper County and did not show bias and prejudice of inhabitants of Jasper County. State v. Odom (Mo.), 369 S.W.2d 173.

(1965) Affidavits alleging defendant would not receive a fair trial in county must state facts and not mere conclusions. State v. Martin (Mo.), 395 S.W.2d 97.