Venue

Venue is the geographic location within a court system where a case may properly be heard. While subject matter jurisdiction determines whether a court system can hear a case, venue determines which specific court within that system. Texas venue rules are codified in Tex. Civ. Prac. & Rem. Code Ch. 15.

General venue rule (§ 15.002)

Absent a specific mandatory venue provision, suit may be brought in: (1) the county where all or a substantial part of the events occurred; (2) for a natural person, the county of the defendant's residence when the claim accrued; (3) for any other defendant, the county of its principal office in Texas; or (4) if none of those applies, the county where the plaintiff resided when the claim accrued.

Mandatory venue (§§ 15.011–15.020)

Specific categories of cases must be brought in specific counties: actions involving real property in the county where the property is located (§ 15.011); landlord-tenant suits arising under a lease, in the county where the property is located (§ 15.0115); and suits to stay proceedings in another suit, in the county where that suit is pending (§ 15.012). For a "major transaction," meaning a transaction evidenced by a written agreement with consideration of an aggregate stated value of $1 million or more, an action generally must be brought in a county where the defendant agreed in writing that suit may be brought. The rule does not apply if the venue agreement was unconscionable when made or is void under Chapter 272 of the Business and Commerce Code, or if venue is established by a Texas statute outside Title 2 of the Civil Practice and Remedies Code (§ 15.020).

Transfer and motion to change venue

A party may move to transfer venue under TRCP 86–87. The motion need not be verified and may be accompanied by supporting affidavits. An objection to improper venue is waived unless made by written motion filed before or with any other plea, pleading or motion, except a special appearance under Rule 120a.

Full entry: Venue