Will the Judge transfer the case to another court?
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.
It depends. First, it is important that you are the right party to file the Motion to Transfer Venue (depending on the reason for the request) and that you file it before the deadline (if applicable). Then:
- If you show venue is not proper in the current court, and mandatory in another court, the judge should transfer the case.
- If you show venue is not proper in the current court and proper in another court either under the general or permissive venue rules, the judge will likely transfer the case.
- If you show venue is more convenient in another court, the judge may transfer your case for the convenience of the parties, the witnesses and in the interest of justice.
- Read the law here: Tex. Civ. Prac. & Rem. Code §§ 15.002(b).
- If you show you are likely to be prejudiced in the current court, and support the Motion with the required affidavits, the judge should transfer the case unless the credibility of the people that provide the affidavits is successfully challenged.
- Remember: Either party may ask for the case to be moved to a different court because of prejudice. In this case, the general deadline rule does not apply, but the law says you should file the Motion as soon as you become aware of the prejudice.
- If the parties agree to transfer the case to another court of proper venue, it is highly likely the judge will transfer the case.
- Remember: Either party may file the Motion at any time if it is by agreement, so long as the other side files its agreement to the transfer with the court in writing.
- It’s a good idea to talk with a lawyer in the county where the case was filed. The lawyer can tell you whether or not the judge is likely to transfer your case.