Change in Venue Hearing--What Should I Expect?

What is the name of your state? Texas

I've searched this website for Change of Venue, but haven't come across what I was wanting to know.

I am the plaintiff in a small claims case (described in a separate thread), and the defendant's attorney has filed a Motion to Transfer Venue.

I have found the venue section (Section 15) of Texas Civil Practice & Remedies Code and am in the process of studying that.

The courthouse has scheduled a Change of Venue hearing, and I am wondering what I should expect at that hearing--e.g., will it just be me and the judge, or might the defendant's attorney be there? The notice from the courthouse for the hearing says I should "have all documents, witnesses, evidence, etc. with you at that time to support your case." I assume they are only referring to evidence, documents, etc. regarding the venue issue and not the case itself, correct?

We are assuming that the judge will grant the defendant's request for a change in venue, but as there will be a hearing, I want to prepare for it properly, of course, and would like to have some idea of how the hearing might be conducted.

Thanks!

Count on:
1) Them presenting their case for that court not having jurisdiction in the matter.
2) You need to prepared to present whatever evidence is needed to show that court does hve jurisdiction.

I think that JETX summed it up neatly and succinctly. It’s not going to be a long and exhaustive hearing. Rule 15.002(b) sets forth their burden of proof and yours. You expected this and were not optimistic. Give it a try (none of us know enough about the case to speculate who would be favored to prevail). If you feel that things are going against you, offer to stipulate to the transfer so long as the court orders it. Then it will move at the court’s direction, and you are in no danger of having to start from scratch, because service has been your bigger problem here.

JETX and dcatz, thank you.

dcatz, you stated "none of us know enough about the case to speculate who would be favored to prevail." In the event it might make any difference, here are the essentials of the situation:

--We are technical writers, and our primary work is preparing proposals for companies bidding on Government contracts--generally the Federal Government, but sometimes state and local Government, also.

--We have worked on four projects for Client A. Our work agreement states that we will prepare the technical (written) portion of the proposal response, but that client is responsible for preparing the pricing and associated information (i.e., fill-in-the-blank forms that are standard with most Government solicitations/procurements).

--We have signed work agreements with Client A for all four projects, which were performed one after the other (i.e., one was completed and paid for before we moved on to the second one), thereby establishing a proven working relationship and work methods. With the exception of the particulars regarding the identifying solicitation number and amount of payment required, all four work agreements are identical in their requirements (most specifically, that we prepare the written material and client prepares the pricing and completes all associated forms).

--Client A paid us in full for the first three projects as they were completed. However, Client A refuses the pay the balance due on the last project because we did not fill out all the associated forms with that solicitation, despite the facts that 1) our work agreement states that is the client's responsibility and 2) we had never done so on the previous three jobs we did with him.

--Additionally, client had, at one point, said he would pay us an additional amount on the last project if we would complete the forms and provide him with physical printed copies of all the work (as opposed to electronic copies--and to complete the forms, we would have to print them and typewrite them, as most of them cannot be completed electronically). We provided him a quote for this additional work (via e-mail, so it is documented), and he told us he would print the document himself and complete the forms; however, he has refused to pay the balance he owes as per the work agreement and as based upon our previously established working relationship.

--All work on all four projects was performed in our county and submitted to client electronically via e-mail.

The judge called and said the venue hearing has been postponed (it was supposed to be this morning; he called just before I was about to leave for the courthouse) because the defendant's attorney has a conflict with the date and time.

A question: If I add a clause in my work agreements that in the event any litigation results from the execution of the work agreement, it must be tried in my county, would that prevent attempts to change venue in the future? Or does the defendant always have the right to request that venue be in his/her county?

michelletx said:

A question: If I add a clause in my work agreements that in the event any litigation results from the execution of the work agreement, it must be tried in my county, would that prevent attempts to change venue in the future? Or does the defendant always have the right to request that venue be in his/her county?

Click to expand...

If you include a venue statement in your contract and the 'defendant' (other party) agrees by signing or entering the agreement, the venue is where you say it is.
BTW, all of my contracts include a venue clause.

Thanks, JETX. Our work agreements were reviewed, altered a bit, and approved by an attorney years ago, and he never mentioned a venue clause.

We will include that in our work agreements from now on.

Just an update in case anyone is interested:

The attorney for the defendant (who made the motion for change of venue) did not show up...he called about 15 or so minutes before the hearing and said he wouldn't make the hearing (the guy's in Houston, he should have known well before now if he weren't going to make it) and asked to withdraw his change of venue motion over the phone.

The judge was highly peeved and said he wouldn't accept it over the phone; he wanted the withdrawal in writing.

So, the case will be heard at the courthouse where we filed--whoo hoo!

And to avoid this possibility in the future, our work agreements have been revised to include a venue clause.

Thanks!