What are the rules and procedures for a change of venue?
In Texas, changing the venue of a civil case means moving it to a different county. This is done when it is believed that a fair trial cannot be conducted in the current county due to potential bias or prejudice. The party wishing to have the case moved to another county must request the change of venue in a written motion. The motion must state the legal basis for why the venue should be changed and must be filed with the court where the case is presently being tried. After the motion has been filed, the court will consider it and decide whether to grant the motion. In order for the motion to be granted, the court must determine that a fair trial can not be held in the current court and that the interests of justice require a change of venue. The court may also consider things such as the cost of the change, whether the parties have been properly served with the original notice of the suit, and any other relevant factors. If the court determines that the change of venue is necessary, then the new court will issue a new notice of the suit and all parties must appear before the new court. All of the original pleadings will then be forwarded to the new court and the case will continue from there. Therefore, in Texas, changing the venue of a civil case requires a written motion, a determination that a fair trial cannot be had in the original court and that the interests of justice require a change of venue, and the issuance of a new notice of the suit.
Related FAQs
What is a motion for a temporary restraining order?What are the applicable statutes of limitations?
What is res judicata and collateral estoppel?
What is required to prove a civil claim?
What is a motion to compel or enforce discovery?
What are the elements of negligence?
What is a motion for default judgment?
What is the doctrine of laches?
What is the difference between civil and criminal procedure?
What is a "slip and fall" lawsuit?
Related Blog Posts
Understanding Civil Procedure Basics - July 31, 2023Navigating the Complexities of Civil Procedure Rules - August 7, 2023
Step-By-Step Guide to Civil Procedure Process - August 14, 2023
Identifying Deadlines in Civil Procedure - August 21, 2023
Different Types of Civil Procedure Strategies - August 28, 2023