Asuntos Legales Relacionados

Asuntos Legales Relacionados |

Descripción de procedimientos del tribunal (Procedimiento civil)

Title

I want to move (transfer) my case to another court.

This toolkit tells you how to ask a judge to move (transfer) your civil case to a court in a different county. Note, this toolkit only applies to civil (not family law) cases that are in the district court or county court at law. This toolkit also does not apply to justice court. FORMS ARE INCLUDED.

This toolkit includes:

Instructions & Forms you can use to transfer your case
- Use the first set of instructions if your transfer is agreed.
- Use the second set of instructions if you think the other side will not agree to the transfer.
Frequently Asked Questions about transferring a case.
Articles on topics related to civil procedure and transfer in Texas.

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WARNING! The information and forms in this toolkit are not legal advice and are not a substitute for the help of a lawyer. It’s a good idea to talk with a lawyer about your particular situation.

Instrucciones y formularios

How to move (transfer) your case to another court: (Both Sides DO Agree)

How to move (transfer) your case to another court: (Both Sides Do NOT Agree)

Respuestas a las preguntas comunes

What is a venue transfer?

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.

When a judge transfers venue, your case is moved to a court in a different county. You can ask a judge to transfer venue by filing a Motion to Transfer Venue and Notice of Hearing.

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.

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.
- Read the law here: Tex. Civ. Prac. & Rem. Code §§ 15.011-15.020
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.
- Read the law here: Tex. Civ. Prac. & Rem. Code §§ 15.001-15.002; 15.031-15.039.
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.
  - Read the law here: Tex. R. Civ. Proc. §§ 257-259.
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.