Rule 51.045.Transfer of Venue When Venue Improper.
Part I · Rule 51: Venue, Including Change of Venue and Change of Judge · Last amended January 1, 2012 · Last verified July 22, 2026
Full Text of Rule 51.045
Amendment History
Adopted May 26, 2000, eff. Jan. 1, 2001; Amended June 21, 2002, eff. Jan. 1. 2003; Amended Nov. 25, 2003, eff. July 1, 2004; Amended June 21, 2005, eff. January 1, 2006; Amended June 28, 2011, eff. Jan. 1, 2012.
Plain-English Summary
Rule 51.045 addresses a different problem than Rules 51.02 through 51.04. Those rules assume venue is proper where the case was filed but let a party move it anyway, by agreement, as of right, or for cause. Rule 51.045 instead lets a party argue that venue is wrong under the law from the start and must be corrected.
A party who believes venue is improper must file a motion to transfer within 60 days of being served, though the court can extend that deadline or allow amendment for good cause shown. The motion must name one or more counties where the movant believes venue is proper and explain why. Miss the deadline, and the objection to venue is waived; file it on time, and the objection survives even if the party takes other action in the case. The opposing party then has 30 days to reply, stating why the movant’s proposed counties are wrong or why the current forum is proper. The court will not consider grounds the reply omits or arguments about fictitious defendants, but it may allow discovery limited to the venue question before ruling.
If no reply comes in, the court must transfer the case to one of the counties the movant named. If a reply is filed and the movant still wins, the court orders a transfer to a proper venue. Either way, the whole case moves unless a separate trial has been ordered. The rule also protects a party’s separate right to seek a change of venue under Rule 51.03 after a Rule 51.045 transfer, if the case ends up in a county of 75,000 or fewer inhabitants, by extending the filing deadline to whichever is later: the normal Rule 51.03 period, or ten days after being notified the case was docketed in the new court.
Frequently Asked Questions
How is Rule 51.045 different from Rules 51.02 through 51.04?
It challenges venue as legally improper from the outset, instead of seeking a discretionary or automatic transfer away from a venue that is otherwise proper.
What is the filing deadline for a motion to transfer under Rule 51.045?
Within 60 days of service on the party seeking transfer, though the court may extend the time for good cause shown.
What must the motion to transfer include?
One or more counties where the movant contends venue is proper, and the basis for venue in each county named.
What happens if no reply is filed?
The court must order transfer to one of the counties named in the motion.
Can a party still get a change of venue under Rule 51.03 after a Rule 51.045 transfer?
Yes, if the transferee county has 75,000 or fewer inhabitants, within the later of the normal Rule 51.03 deadline or ten days after notice of docketing in the new court.