To amend chapter 508, RSMo, by adding thereto one new section for the purpose of requiring the courts of this state to apply the doctrine of forum non conveniens in civil cases.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 508, RSMo, is amended by adding thereto one new section, to be known as section 508.075, to read as follows:

     508.075. 1. Each court of this state shall decline to exercise jurisdiction of any cause of action accruing outside the circuit in which the court is located if there is another forum with jurisdiction of the parties in which the trial can be more appropriately held taking into account the following:

     (1) Place of accrual of the cause of action;

     (2) Location of witnesses;

     (3) The residence of the parties;

     (4) Any nexus with the place of suit;

     (5) The public factor of the convenience to and burden upon the court; and

     (6) The availability to plaintiff of another court with jurisdiction of the cause of action affording a forum for plaintiff's remedy.

Upon motion of any party, filed not later than ninety days after the last day allowed for the filing of that party's answer, such party may make an evidentiary showing that the existing forum constitutes a demonstrated inconvenience to such party, and the court, upon such showing, shall dismiss the action without prejudice on any conditions that may be just or transfer the case to a convenient forum.

     2. If a court dismisses an action pursuant to subsection 1 of this section, the dismissal shall be under the following conditions:

     (1) If the plaintiff elects to file the action in another forum within one year of the dismissal order, the defendant shall accept service of process from that court; and

     (2) If the statute of limitations has run in the other forum, the defendant shall waive that defense.

If the defendant refuses to abide by the conditions of this subsection, the cause of action shall be reinstated in the court in which the dismissal was granted, or if the court in the other forum refuses to accept jurisdiction, the plaintiff may, within sixty days of the final order refusing jurisdiction, reinstate the cause of action in the court in which the dismissal was granted.

     3. If a court transfers a case pursuant to subsection 1 of this section, the clerk of the court from which the transfer is granted shall immediately certify and transmit to the clerk of the court to which the transfer is ordered the originals of all papers filed in the case together with copies of all orders entered in such case.