Tex. R. Civ. P. 87

1. Consideration of Motion. The determination of a motion to transfer venue shall be made

promptly by the court and such determination must be made in a reasonable time prior to

commencement of the trial on the merits. The movant has the duty to request a setting on

the motion to tra nsfer. Except on leave of court each party is entitled to at least 45 days

notice of a hearing on the motion to transfer.

Except on leave of court, any response or opposing affidavits shall be filed at least 30 days

prior to the hearing of the motion to transfer. The movant is not required to file a reply to

the response but any reply and any additional affidavits supporting the motion to transfer

must, except on leave of court, be filed not later than 7 days prior to the hearing date.

2. Burden of Establishing Venue.

(a) In General. A party who seeks to maintain venue of the action in a particular

county in reliance upon Section 15.001 (General Rule), Sections 15.011- 15.017

(Mandatory Venue), Sections 15.031- 15.040 (Permissive Venue), or Sections

15.061 and 15.062 (Multiple Claims), Civil Practice and Remedies Code, has the

burden to make proof, as provided in paragraph 3 of this rule, that venue is

maintainable in the county of suit. A party who seeks to transfer venue of the action

to another specified county under Section 15.001 (General Rule), Sections 15.011-

15.017 (Mandatory Venue), Sections 15.031-15.040 (Permissive Venue), or

Sections 15.061 and 15.062 (Multiple Claims), Civil Practice and Remedies Code,

has the burden to make proof, as provided in paragraph 3 of this rule, that venue is

maintainable in the county to which transfer is sought. A party who seeks to transfer

venue of the action to another specified county under Sections 15.011-15.017, Civil

Practice and Remedies Code on the basis that a mandatory venue provision i s

applicable and controlling has the burden to make proof, as provided in paragraph

3 of this rule, that venue is maintainable in the county to which transfer is sought

by virtue of one or more mandatory venue exceptions.

(b) Cause of Action. It shall not be necessary for a claimant to prove the merits of a

cause of action, but the existence of a cause of action, when pleaded properly, shall

be taken as established as alleged by the pleadings. When the defendant specifically

denies the venue allegations, the claimant is required, by prima facie proof as

provided in paragraph 3 of this rule, to support such pleading that the cause of action

taken as established by the pleadings, or a part of such cause of action, accrued in

the county of suit. If a defendant seeks transfer to a county where the cause of action

or a part thereof accrued, it shall be sufficient for the defendant to plead that if a

cause of action exists, then the cause of action or part thereof accrued in the specific

county to which transfer is sought, and such allegation shall not constitute an

admission that a cause of action in fact exists. But the defendant shall be required

to support his pleading by prima facie proof as provided in paragraph 3 of this rule,

that, if a cause of action exists, it or a part thereof accrued in the county to which

transfer is sought.

(c) Other Rules. A motion to transfer venue based on the written consent of the

parties shall be determined in accordance with Rule 255. A motion to transfer venue

on the basis that an impartial trial cannot be had in the courts where the action is

pending shall be determined in accordance with Rules 258 and 259.

3. Proof.

(a) Affidavits and Attachments. All venue facts, when properly pleaded, shall be

taken as true unless specifically denied by the adverse party. When a venue fact is

specifically denied, the party pleading the venue fact must make prima facie proof

of that venue fact; provided, however, that no party shall ever be required for venue

purposes to support prima facie proof the existence of a cause of action or part

thereof, and at the hearing the pleadings of the parties shall be taken as conclusive

on the issues of existence of a cause of action. Prima facie proof is made when the

venue facts are properly pleaded and an affidavit, and any duly proved attachments

to the affidavit, are filed fully and specifically setting forth the facts supporting such

pleading. Affidavits shall be made on personal knowledge, shall set forth specific

facts as would be admissible in evidence, and shall show affirmatively that the

affiant is competent to testify.

(b) The Hearing. The court shall determine the motion to transfer venue on the basis

of the pleadings, any stipulations made by and between the parties and such

affidavits and attachments as may be filed by the parties in accordance with the

preceding subdivision of this paragraph 3 or of Rule 88.

(c) If a claimant has adequately pleaded and made prima facie proof that venue is

proper in the county of suit as provided in subdivision (a) of paragraph 3, then the

cause shall not be transferred but shall be retained in the county of suit, unless the

motion to transfer is based on the grounds that an impartial trial cannot be had in

the county where the action is pending as provided in Rules 257- 259 or on an

established ground of mandatory venue. A ground of mandatory venue is

established when the party relying upon a mandatory exception to the general rule

makes prima facie proof as provided in subdivision (a) of paragraph 3 of this rule.

(d) In the event that the parties shall fail to make prima facie proof that the county of

suit or the specific county to which transfer is sought is a county of proper venue,

then the court may direct the parties to make further proof.

4. No Jury. All venue challenges shall be determined by the court without the aid of a jury.

5. Motion for Rehearing. If venue has been sustained as against a motion to transfer, or if

an action has been transferred to a proper county in response to a motion to transfer, then

no further motions to transfer shall be considered regardless of whether the movant was a

party to the prior proceedings or was added as a party subsequent to the venue proceedings,

unless the motion to transfer is based on the grounds that an impartial trial cannot be had

under Rules 257-259 or on the ground of mandatory venue, provided that such claim was

not available to the other movant or movants.

Parties who are added subsequently to an action and are precluded by this Rule from having

a motion to transfer considered may raise the propriety of venue on appeal, provided that

the party has timely filed a motion to transfer.

6. There shall be no interlocutory appeals from such determination.