Venue

General Rule of Permissive Venues:

1) County of Residence of individual or principal office of a corporation/business 2) County where the cause of action occurred 3) County of proper venue where the court chooses to transfer the action "for the convenience of parties and witnesses and in the interest of justice"

Mandatory Venue and Multiple Parties

A mandatory venue provision that controls one claim or cause of action controls all claims and causes of action that a P joins in a lawsuit

Multiple defendants

A plaintiff can join multiple defendants without independently proving venue for each; if venue is proper over one D, then it proper over all Ds for claims arising out of the same transaction, etc.

Proving Venue in the Trial Court

After a venue challenge, each party has the burden of establishing venue. P - burden of establishing that venue proper in the county of suit D - burden of establishing that venue is proper in the county proposed If specifically denied, then prima facie proof required (affidavits and attachments). No witnesses at MTV hearing.

Corporation's residence:

County of the corporation's registered office and registered agent

Venue and Consumer Transactions

County where D signed or D resides when the suit commenced

Transfer for Convenience and Justice

Court may transfer an action from a county of proper venue to any other county of proper venue on motion of a defendant, where the court finds: (1) maintenance in the original venue would work an injustice to the movant; (2) fairness suggests the other county; and (3) transfer would not work an injustice to any other party Transfer for Convenience and justice not grounds for appeal or mandamus and is not reversible error

Venue - Multiple Plaintiffs

Each plaintiff must establish venue independently; plaintiffs who cannot independently establish venue can join an ongoing lawsuit if they can establish four criteria including "essential need."

Interlocutory Review

Generally forbid interlocutory appeal; thus, parties must try the case but are assured of reversal on appeal

Venue Mandamus Review

Generally no mandamus review. But where the court errs and there is massive abuse of the system and inconvenience to numerous other courts, Court will grant mandamus.

Under what conditions does a transfer occur if MTV filed:

If P doesn't meet burden for county of suit AND D meets burden for proposed county. OR If D meets burden proving mandatory county.

Mandatory Venue

If an action is governed by a separate mandatory venue provision, then the action shall be brought in the county required by the separate venue provision Only the defendant who has the right to move a case to another mandatory venue can move it

Appellate review of venue determination

If venue was improper, then error was not harmless. In determining, the appeals court should look at the entire record, including trial on the merits, for prima facie probative evidence; only conclusive evidence can destroy probative evidence

All of the plaintiffs joining in a lawsuit have to independently establish venue unless

Joinder or intervention ok per TRCP Venue in the county does not unfairly prejudice another party in the suit Essential need to have their claim tried in this county County where the suit is pending is a fair and convenient venue for the person seeking to join and the defendants

Venue and Large Transactions

Need to expressly name the county or fix the place of the transaction/performance/fulfillment

Nonsuit and Venue

Once a venue determination is made after a venue hearing, nonsuit won't help you be able to transfer venue or bring in new venue.

MTV / Hearing

Participation in trial on the merits is waiver of MTV unless you at least make a request for the motion to be heard; Just asking for a hearing on the motion to transfer venue is fine. You don't have to "demand" (Request/objection needs to be on the record.)

Three Categories of Venue:

Permissive, Mandatory, and Improper

When there is more than one mandatory venue provision

Plaintiff may choose between the proper venues

Venue Based on Where the Claim Occurred Standard

Substantial part of the events or omissions giving rise to the claim occurred

Contracting venue

Texas law prohibits parties from contracting around mandatory venue

If no principal office?

Then, where the P resides or other permissive venues.

Meaning of Principal Office

There can be more than one in Texas (or in general) Where the decision-makers for the organization within TX conduct the daily affairs of the organization. An office that is clearly subordinate to and controlled by another TX office cannot be a principal office nor can a principal office's decisions reference only relatively low-level managerial decisions.

Venue for land related claims

To be brought in the county where all or part of the property is

Review of Venue Non Conveniens Decisions

Venue non conveniens is not appealable and is not reversible error; when a court grants a motion to transfer venue and the defendant asked on venue non and traditional venue grounds, can't review Can review denials of MTV but can't review grants of MTV.