Motion to Transfer Venue
(From Improper Venue to Mandatory Venue) (TX)

Summary

This template is a defendant's motion for transfer of venue for use in a civil action in Texas district or county court. This template is for use by a defendant who seeks to transfer the case to another county where venue is mandatory. This template includes practical guidance and drafting notes. For a template of motion for use when the county of suit is improper and the county to which transfer is requested is a permissive venue, see Motion to Transfer Venue (From Improper Venue to Permissive Venue) (TX). For a template of motion for use when the defendant seeks transfer on the grounds of convenience of the parties and witnesses, see Motion to Transfer Venue (Convenience of Parties and Witnesses) (TX). For a template of motion for transfer on the grounds of inability to obtain an impartial trial in the county where the action is pending, which may be made by either party, see Motion to Transfer Venue (Inability to Obtain Impartial Trial) (TX). A motion to transfer venue based on improper venue must be made in writing. See Tex. R. Civ. P. 21(a), 86(1). The motion must be filed concurrently with or prior to any other plea, pleading, or motion, except a special appearance motion under Tex. R. Civ. P. 120a, to avoid waiver of the venue objection. See Tex. R. Civ. P. 86(1); Tex. Civ. Prac. & Rem. Code § 15.063. The motion may be set forth in a separate document filed before or concurrently with the moving defendant's first responsive pleading (i.e., the original answer) or it may be combined with other objections and defenses and included in answer. Tex. R. Civ. P. 86(2). This template assumes that the defendant is making a standalone motion. For a general template answer into which a motion to transfer venue may be inserted, if desired, see Answer including Counterclaims and Crossclaims (TX). 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. Tex. R. Civ. P. 86(5); see Tex. R. Civ. P. 21(a), 21a(a). Notice of the hearing on the motion must be provided at least 45 days prior to the hearing, unless the court grants leave for a shorter notice period. See Tex. R. Civ. P. 87(1). 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).