Venue

Question 1

Venue in General

Answer 1

If an action is brought in a venue that is not preferred, it can be transferred to a preferred venue upon timely objection

Question 2

Preferred Venues

Answer 2

(1) County of D’s Residence
(2) County Where Land/Chattel Located
(3) County Where Accident Occurred
(4) County of D’s Principal Office
(5) County Where Government Organization is Located
(6) Stipulation
(7) Relief from Custody (Where P held in custody)
(8) Statutory Venue Provision
(9) In Rem

Question 3

Preferred Venues if D is a Nonresident

Answer 3

(1) Where P Resides;

(2) Where P organization has principal office

Question 4

Transfer from Non-Preferred Venue

Answer 4

Court can transfer an action to a preferred venue chosen by the first party to object

Question 5

Transfer from Preferred Venue

Answer 5

Only allowed if:

(1) County in which the lawsuit is filed is itself a party to the lawsuit; or
(2) Party demonstrates that it is unlikely to receive a fair hearing in the present venue because of prejudice or bias

Question 6

Procedure for Transfer

Answer 6

(1) Move to dismiss for lack of venue or raise lack of venue as defense in answer
(2) Request must be made no later than 10 days after D’s filing of answer

Question 7

Change of Judge

Answer 7

Motion does not have to state reason for requested change

Party entitled to one change of judge

Can be made no later than 10 DAYS after D files an answer