Motion for change of venue at trial allowed in MO?
This is a discussion on Motion for change of venue at trial allowed in MO? within the Small Claims Courts forum, part of the ATTORNEYS, COURTS, LITIGATION category; I had a case go to trial in MO and I was defending myself pro-se. The court had no jurisdiction ...
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I had a case go to trial in MO and I was defending myself pro-se. The court had no jurisdiction over me as the case is one that must be brought in the area in which the plaintiff practices business or the defendant resides.
I had lived in the courts jurisdiction, but moved well before the case was filed. At trial I tried to motion the court for a change of venue based on jurisdiction and the judge said I needed to do that before trial. However, this statue seems to state otherwise: 509.280. 1. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. It says a motion can be made verbally at trial, at least that's how I read it. The judge did not allow this and even ruled on the case in a court that has no jurisdiction over me. Can I file a motion to reconsider based on this statue? Also, does anyone know of case law that backs me up here? |
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Sorry for your situation. Yes, I would file for reconsideration, but truthfully it will be an uphill battle. I understand your reading of the statute, but when you delve further into the rules of court and civil procedure, jurisdiction and venue are matters which must be timely raised in proper fashion. Truthfully, you need to at least speak with a lawyer about this as it can become a very trickly procedural matter. I suggest going to the WLD main page and requesting a referral to an attorney in your area. I hope this works out for you. AJJ
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