Motion to Transfer Venue
(Convenience of Parties and Witnesses) (TX)

Summary

This template is a defendant's motion for transfer of venue on grounds of convenience of parties and witnesses for use in a civil action in Texas district or county court. This template includes practical guidance and drafting notes. For template motions for transfer of venue based on other grounds, see Motion to Transfer Venue (From Improper Venue to Permissive Venue) (TX), Motion to Transfer Venue (From Improper Venue to Mandatory Venue) (TX), and Motion to Transfer Venue (Inability to Obtain Impartial Trial) (TX). The defendant must file and serve a motion to transfer venue based on the convenience of parties and witnesses concurrently with or before the filing of the defendant's original answer. See Tex. Civ. Prac. & Rem. Code § 15.002(b). In contrast to the rule governing motions to transfer based on improper venue (see Tex. R. Civ. P. 86(2)), the statute does not specify whether the motion may be combined with other objections and defenses and included in answer. Therefore, it is recommended that the motion be made in a separate document, as set forth in this template. A copy of the motion to transfer, along with a notice of hearing on the motion and any accompanying affidavits or declarations, must be served under Tex. R. Civ. P. 21a on all other parties or their attorneys. See Tex. R. Civ. P. 21(a), 21a(a). Tex. Civ. Prac. & Rem. Code § Code § 15.002(b) does not specify how far in advance of the hearing the motion must be served and filed, and no reported case appears to have addressed the issue. In the absence of a specific requirement, a motion and notice of motion should ordinarily be served at least three days before the hearing on the motion. See Tex. R. Civ. P. 21(b). It should be noted, however, at least one court of appeals has assumed, without discussion, that the 45-day notice requirement for motions to transfer based on improper venue (see Tex. R. Civ. P. 87(1)) also applies to motions to transfer based on inability to obtain an impartial trial. See City of La Grange v. McBee, 923 S.W.2d 89, 90–91 (Tex. App.—Houston [1st Dist.] 1996, writ denied). Thus, it is possible that a court could also find the 45-day notice requirement applicable to a motion to transfer based on convenience of the parties and witnesses. Consult local rules for the procedure for obtaining a hearing date on the motion. For discussion service and filing procedures, see E-filing and E-service in State Court (TX) and Filing and Serving Paper Documents Checklist (TX). For a template of notice of hearing, see Notice of Court Proceeding on Motion (TX). The motion should follow the formatting practices for motions generally, as well as the requirements of any local rules in the court where the action is pending. See generally Motion Practice: Making a Motion (TX) and Formatting Rules in Court Checklist (TX). For a full listing of key content covering fundamental civil litigation tasks throughout a Texas state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (TX). For more information on motions to transfer venue, see Motion to Transfer Venue: Making and Responding to the Motion (TX). For discussion of venue rules, see Venue Rules (TX).