Venue Reform: HB 393 (2005); § 538.232 R.S.Mo.

| November 4, 2016

Establishes venue in the county where the plaintiff was first

Establishes venue in the county where the plaintiff was first injured by the wrongful acts or negligent conduct alleged in all tort actions in which the plaintiff was first injured in Missouri. Established venue in all tort actions in which the plaintiff was first injured outside Missouri: (a) For corporate defendants, in any county where the registered agent is located or, if the plaintiff’s principal place of residence was in Missouri when the plaintiff was first injured, in the county of the plaintiff’s principal place of residence on the date the plaintiff was first injured; and (b) for individual defendants, in any county of the defendant’s principal place of residence in Missouri or, if the plaintiff’s principal place of residence was in Missouri when the plaintiff was first injured, in the county containing the plaintiff’s principal place of residence on the date the plaintiff was first injured. Specified that in wrongful death actions the plaintiff is considered first injured where the decedent was first injured by the wrongful acts or negligent conduct alleged in the action. Specified that in a spouse’s claim for loss of consortium the plaintiff claiming consortium is considered first injured where the other spouse was first injured by the wrongful act or negligent conduct alleged in the action. Specifies that the court must transfer venue to the county unanimously chosen by the parties if all parties agree in writing to a change of venue. If parties are added after the date of the transfer and they do not consent to the transfer, the cause of action will be transferred to a county in which venue is otherwise appropriate.

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