Is there a deadline on when to file a Motion to Transfer Venue?
Note: This FAQ only applies to civil (not family law) cases that are in a district court or county court at law. It also does not apply to justice court.
Yes. You must file the Motion to Transfer Venue before you file any other document in a case except for a “special appearance.” If you file anything other than a special appearance before filing a Motion to Transfer Venue, you will give up your right to have the case moved. It’s important to talk with a lawyer if you have questions.
Note: There are exceptions to this rule. You may file a Motion to Transfer Venue after the deadline if:
- All of the parties sign the Motion to Transfer Venue that they agree to the case being moved, or
- You file a Motion to Transfer Venue due to prejudice. However, the law says that you should file the Motion as soon as you become aware of the prejudice.
Important: If your case is in the justice court (and not in a district or county court at law), a different exception applies:
- The defendant in a justice court may challenge venue up to 21 days after the answer is filed, if the plaintiff files a case in an improper venue.
- Read the law here: Tex. R. Civ. Proc. § 502.4.