Rule 502.4.Venue Where a Lawsuit May Be Brought
Last verified June 28, 2026
In one sentenceRule 502.4 sets venue for justice-court cases — generally the county and precinct where the defendant resides or where the events giving rise to the claim occurred — and provides a motion to transfer venue, a fair-trial change, and transfer by consent.
Full Text of Rule 502.4
(a) Applicable Law. Laws specifying the venue the county and precinct where a lawsuit B may be brought are found in Chapter 15, Subchapter E of the Texas Civil Practice and B Remedies Code, which is available online and for examination during the court’s business hours.
(b) General Rule. Generally, a defendant in a small claims case as described in Rule 500.3(a) or a debt claim case as described in Rule 500.3(b) is entitled to be sued in one of the following venues:
(1) the county and precinct where the defendant resides;
(2) the county and precinct where the incident, or the majority of incidents, that gave rise to the claim occurred;
(3) the county and precinct where the contract or agreement, if any, that gave rise to the claim was to be performed; or
(4) the county and precinct where the property is located, in a suit to recover personal property.
(c) Non-Resident Defendant; Defendant’s Residence Unknown. If the defendant is a non-resident of Texas, or if defendant’s residence is unknown, the plaintiff may file the suit in the county and precinct where the plaintiff resides.
(d) Motion to Transfer Venue. If a plaintiff files suit in an improper venue, a defendant may challenge the venue selected by filing a motion to transfer venue. The motion must be filed before trial, no later than 21 days after the day the defendant’s answer is filed, and must contain a sworn statement that the venue chosen by the plaintiff is improper and a specific county and precinct of proper venue to which transfer is sought. If the defendant fails to name a county and precinct, the court must instruct the defendant to do so and allow the defendant 7 days to cure the defect. If the defendant fails to correct the defect, the motion will be denied, and the case will proceed in the county and precinct where it was originally filed.
(1) Procedure.
(A) Judge to Set Hearing. If a defendant files a motion to transfer venue, the judge must set a hearing on the motion.
(B) Response. A plaintiff may file a response to a defendant’s motion to transfer venue.
(C) Hearing. The parties may present evidence at the hearing. A witness may testify at a hearing, either in person or, with permission of the court, by means of telephone or an electronic communication system.
(D) Judge’s Decision. If the motion is granted, the judge must sign an order designating the court to which the case will be transferred. If the motion is denied, the case will be heard in the court in which the plaintiff initially filed suit.
(E) Review. Motions for rehearing and interlocutory appeals of the judge’s ruling on venue are not permitted.
(F) Time for Trial of the Case. No trial may be held until at least the 14th day after the judge’s ruling on the motion to transfer venue.
(G) Order. An order granting a motion to transfer venue must state the reason for the transfer and the name of the court to which the transfer is made. When such an order of transfer is made, the judge who issued the order must immediately make out a true and correct transcript of all the entries made on the docket in the case, certify the transcript, and send the transcript, with a certified copy of the bill of costs and the original papers in the case, to the court in the precinct to which the case has been transferred. The court receiving the case must then notify the plaintiff that the case has been received and, if the case is transferred to a different county, that the plaintiff has 14 days after receiving the notice to pay the filing fee in the new court, or file a Statement of Inability to Afford Payment of Court Costs. The plaintiff is not entitled to a refund of any fees already paid. Failure to pay the fee or file a Statement will result in dismissal of the case without prejudice.
(e) Fair Trial Venue Change. If a party believes it cannot get a fair trial in a specific precinct or before a specific judge, the party may file a sworn motion stating such, supported by the sworn statements of two other credible persons, and specifying if the party is requesting a change of location or a change of judge. Except for good cause shown, this motion must be filed no less than 7 days before trial. If the party seeks a change of judge, the judge must exchange benches with another qualified justice of the peace, or if no judge is available to exchange benches, the county judge must appoint a visiting judge to hear the case. If the party seeks a change in location, the case must be transferred to the nearest justice court in the county that is not subject to the same or some other disqualification. If there is only one justice of the peace precinct in the county, then the judge must exchange benches with another qualified justice of the peace, or if no judge is available to exchange benches, the county judge must appoint a visiting judge to hear the case. A party may apply for relief under this rule only one time in any given lawsuit.
(f) Transfer of Venue by Consent. On the written consent of all parties or their attorneys, filed with the court, venue must be transferred to the court of any other justice of the peace of the county, or any other county.
End
Plain-English Summary
Rule 502.4 says where a justice-court suit may be brought. Drawing on Chapter 15 of the Civil Practice and Remedies Code, the general rule lets a small claims or debt claim defendant be sued in the county and precinct where the defendant resides, where the incident giving rise to the claim occurred, where a contract was to be performed, or where personal property is located. Special provisions cover a non-resident defendant or one whose residence is unknown.
If a plaintiff files in an improper venue, the defendant may file a motion to transfer venue, but must do so before trial and no later than 21 days after the day the defendant's answer is filed; the judge sets a hearing, and no trial is held until at least the 14th day after the ruling. A party who cannot get a fair trial in a precinct or before a judge may seek a fair-trial venue change, and on the written consent of all parties venue must be transferred.
Frequently Asked Questions
Where can you file a justice court case in Texas?
Generally in the county and precinct where the defendant resides or where the events giving rise to the claim occurred (Rule 502.4).
How do you challenge venue in justice court?
File a motion to transfer venue before trial, no later than 21 days after the day the defendant's answer is filed. The judge sets a hearing, and no trial may be held until at least the 14th day after the ruling (Rule 502.4).
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 502.4), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as: venue justice courtwhere to file a lawsuitmotion to transfer venueTRCP 502.4