Successful Writ of Mandamus Ruling on Venue in Case of First Impression: Plaintiffs Cannot Seek Transfer for Improper Venue

Steve Schwartz, Mike Ward, and Brian Sableman secured a ruling from the Missouri Court of Appeals that a plaintiff cannot seek transfer for improper venue. In a matter of first impression, the Missouri Court of Appeals reversed the trial court that had transferred venue at the request of the plaintiff. The Court of Appeals held that Missouri Supreme Court Rule 51.045, which governs motions to transfer venue, presupposes that defendants and third-party defendants are the only parties able to file a motion for change of venue because the plaintiff, as the master of their petition, can choose the venue in which to file his or her lawsuit. Further, the rule’s express language prohibits a plaintiff from seeking transfer because a party must file a motion to transfer venue within 60 days of being served with the petition, and a plaintiff—the party that files the lawsuit—cannot be served with a petition.