Understanding Venue Selection and Motions to Dismiss in Texas Civil Litigation

In Texas civil litigation, two essential concepts can often shape the course of a lawsuit: venue selection and motions to dismiss. Both ensure cases are handled in the proper location and that baseless claims are addressed efficiently.

Venue Selection in Texas

The venue refers to the specific geographic location where a lawsuit is filed and heard. Selecting the appropriate venue is essential, as it impacts the convenience for all parties involved, the applicability of local laws, and the fairness of the proceedings. Texas law provides clear guidelines for determining venue, starting with the general rule outlined in Section 15.002 of the Texas Civil Practice and Remedies Code. According to this rule, a lawsuit should be filed in the county where the events leading to the claim occurred, where the defendant lives (if they’re an individual), or where the defendant’s principal office is located (if it’s a business). If none of these apply, the case can be filed in the plaintiff’s county of residence.

Mandatory Venue Provisions

In addition to general rules, Texas law outlines specific circumstances where mandatory venue provisions apply. These provisions override general venue rules to address particular policy considerations. Common examples include:

• Land Disputes: Lawsuits involving real property, such as disputes over title, boundary lines, or easements, must be filed in the county where the property is located. This ensures that courts familiar with the local property laws handle these cases.
• Landlord-Tenant Issues: Disputes under a lease agreement are similarly tied to the location of the property.
• Injunctions Against Pending Suits: If a party seeks to halt proceedings in an ongoing lawsuit, they must file in the county where that suit is pending.
• Suits Against Counties: When a county is the defendant, the case must be brought within that county.

Contracts often include venue agreements where the parties decide in advance where any disputes will be resolved. In Texas, these agreements are generally enforceable, especially in high-value contracts involving $1 million or more. Such agreements allow parties to choose a venue that suits their needs, reducing uncertainty in case of a dispute. If a lawsuit is filed in the wrong venue, the defendant can challenge it by filing a motion to transfer venue. This motion must explain why the current venue is improper and identify the correct venue. It’s important to file this motion early—usually before responding to the lawsuit in any other way—because failing to do so might waive the right to object.

In cases where multiple lawsuits about the same matter are filed in different counties, Texas follows the “first-to-file” rule under the doctrine of dominant jurisdiction. This means the court where the case was first filed typically takes precedence, and other courts may transfer or pause their proceedings to avoid duplicating efforts.

Texas Civil Practice and Remedies Code - CIV PRAC & REM § 15.020. Major Transactions: Specification of Venue by Agreement

Texas law provides specific rules for determining venue in legal disputes arising from major transactions. Here’s a breakdown of what you need to know:

What is a Major Transaction?

A major transaction is defined as a written agreement where a person is required to pay or entitled to receive at least $1 million in total value. However, transactions primarily for personal, family, or household purposes, as well as those related to personal injury or wrongful death claims, are not included in this definition—regardless of the amount involved. For businesses or individuals involved in transactions exceeding $1 million, understanding venue agreements is crucial to ensure compliance with Texas law. Always carefully review and negotiate venue clauses in contracts, as they can directly impact where legal disputes may be resolved.

Where Can Legal Actions for Major Transactions Be Filed?

• Agreed Venue:

A legal action tied to a major transaction must be filed in a county where the opposing party has agreed in writing to allow such a lawsuit.

• Prohibited Venue: 

An action cannot be brought in a county if the party filing the lawsuit has previously agreed in writing:

• That the case cannot be filed in that county, as long as it can be filed in another county in Texas or another jurisdiction.
• That the case must be filed in another specified county in Texas or another jurisdiction.

Exceptions to the Rule

Texas Civil Practice and Remedies Code - CIV PRAC & REM § 15.020 does not apply if:

• The written agreement regarding venue was unconscionable at the time it was made.
• The agreement is voidable under Chapter 272 of the Texas Business & Commerce Code.
• Venue is governed by another statute outside the title governing major transactions.

Non-Major Transactions

If the transaction doesn’t meet the criteria of a major transaction, these venue rules do not apply. In such cases, other venue and jurisdiction rules in Texas will dictate where the lawsuit can be filed.

Motions to Dismiss in Texas

Motions to Dismiss are another tool used in civil litigation. They’re used to eliminate claims that are legally or factually baseless, streamlining the legal process and saving time and resources for everyone involved. In Texas, Rule 91a of the Texas Rules of Civil Procedure provides a straightforward process for dismissing baseless claims. A motion to dismiss under Rule 91a can be filed when a claim has no legal or factual basis. A claim lacks a legal basis if, even assuming all the facts in the lawsuit are true, the law doesn’t support the plaintiff’s request for relief. A claim has no factual basis if no reasonable person could believe the facts presented. This rule allows courts to focus on claims with merit and dismiss those that are frivolous.

There are specific steps and timelines to follow when filing a motion to dismiss. The process ensures that the matter is addressed efficiently and within a reasonable timeframe:

• The motion must be filed within 60 days after the defendant is served with the claim.
• It should be filed at least 21 days before the scheduled hearing on the motion.
• The court is required to rule on the motion within 45 days of its filing, keeping the process streamlined.
• While the court may choose to hold a hearing to review the motion, it is not mandatory in all cases.

The purpose of these procedural rules is to help courts manage their caseloads efficiently and protect defendants from the costs and burdens of defending against baseless claims.