If you are being sued or going through a lawsuit in Texas, potentially over contract issues, it is important to understand where the court case will take place. There is a complex set of venue rules under Texas law that determine which venue should be selected. This can have a significant impact on how the case plays out, so it is important to understand how the process works.
First and foremost, a general venue is typically the one where the defendant lives. If the defendant is a citizen of the United States, the case can generally be held in the county where they live, at the local court.
However, the actual omission or breach of the contract may have occurred elsewhere. If the selected venue is the one where the events took place, it is known as the Proper Venue. While there are cases in which the breach or omission occurs in the same county where the defendant lives, when the two locations differ, it may be possible to request that the case be transferred to a different venue. This is allowed in certain situations.
What is a Forum Selection Clause?
Some contracts include a forum selection clause, which courts typically honor. The party that drafted the contract may already have a preference for where any future litigation should be held. If this clause is included in the contract and agreed to by all parties who signed it, then the venue can be determined in advance, reducing the likelihood of disputes over where the case should be heard.
The Motion to Transfer Venue
When one party wants to move the case to a different venue, they may need to file a Motion to Transfer Venue with the court. If the motion is approved, the case can be removed from the current court and transferred to a venue that is considered more appropriate.
When filing this motion, it is necessary to explain why the change is being requested. For example, one party may argue that the current venue is improper or that a different venue would be more convenient for the parties involved. For instance, if the case is initially set to be tried in the county where the events occurred, it can create challenges if that location is far from where the parties actually live. Transferring the venue may make it easier for them to attend hearings and help the case proceed more smoothly.
Court schedules and jury pools
Finally, transferring a case to a different venue can sometimes help address scheduling issues. If one court has a congested docket, it may delay the trial, whereas another venue may be able to move the case forward more quickly. Additionally, because jury pools are drawn from the local area, a venue change can affect who is selected for jury duty, which may also influence the outcome of the case.
Taking the appropriate steps
It is very important to take the correct legal steps when determining whether a venue is proper or when seeking a change of venue. In these situations, it can be helpful to work with an experienced attorney to explore your legal options.