Mechanism 07
Motion to transfer venue, and the waiver that ends it
How do you move a Texas lawsuit to the right county?
By written motion filed before or concurrently with any other plea, pleading or motion — except a special appearance. That sequence is the whole rule. One filing out of order and the objection is waived, and it is waived permanently, whatever the merits.
By John P. Henry · Tex. R. Civ. P. 86, 87; Tex. Civ. Prac. & Rem. Code ch. 15 · Reviewed 2026-08-02
The authority
An objection to improper venue is waived if not made by written motion filed prior to or concurrently with any other plea, pleading or motion except a special appearance motion provided for in Rule 120a.Tex. R. Civ. P. 86.1
Tex. R. Civ. P. 86, 87; Tex. Civ. Prac. & Rem. Code ch. 15
When it applies
The suit filed where the plaintiff’s lawyer is rather than where anything happened, and the case that belongs in a mandatory-venue county under subchapter B of chapter 15.
How it is proved up
- File it first, or at the same time as the answer. An agreed scheduling order, an unopposed extension or a Rule 11 letter filed before it will end the objection.
- Specifically deny the plaintiff’s venue facts. A general denial of venue does not join issue and leaves the plaintiff’s pleaded facts taken as true.
- Plead the county of proper venue and the facts supporting it, and identify the mandatory provision if there is one.
- Work the Rule 87 calendar: 45 days’ notice of hearing, opposing affidavits 30 days before, reply and additional affidavits 7 days before. The motion itself need not be verified.
- Cite the statute rather than the rule for mandatory venue. Rule 87.2(a) still refers to sections 15.011 through 15.017, but subchapter B now runs through § 15.020.
What defeats it
- Anything filed first.
- Prima facie proof of venue by the plaintiff, which shifts the practical burden.
- A permissive-venue provision that makes the plaintiff’s county proper even if another is more convenient — venue is not forum non conveniens.
- A valid forum-selection clause, which is enforced by motion to dismiss rather than by transfer.
Where I have used it
Included because the waiver is absolute and unforgiving, and because it is the one procedural trap in Texas practice most often sprung by the routine housekeeping filing that a new lawyer on a file makes in the first week.
Questions
When must a motion to transfer venue be filed in Texas?
Before or concurrently with any other plea, pleading or motion, except a special appearance under Rule 120a. Filing anything else first waives the venue objection.
Does a motion to transfer venue have to be verified in Texas?
No. Rule 87 does not require verification of the motion, though affidavits are used to support and oppose the venue facts.
What are the Rule 87 deadlines?
45 days' notice of the hearing, opposing affidavits and response at least 30 days before the hearing, and reply plus additional affidavits at least 7 days before.