Last amended September 1, 1990 · Last verified June 28, 2026
In one sentenceRule 86 makes a venue objection waivable: a defendant must raise improper venue by written motion filed before or with its first responsive pleading — anything but a Rule 120a special appearance — or lose it.
1.Time to File. An objection to improper venue is waived if not made by written motion filed prior to or concurrently with any other plea, pleading or motion except a special appearance motion provided for in Rule 120a. A written consent of the parties to transfer the case to another county may be filed with the clerk of the court at any time. A motion to transfer venue because an impartial trial cannot be had in the county where the action is pending is governed by the provisions of Rule 257.
2.How to File. The motion objecting to improper venue may be contained in a separate instrument filed concurrently with or prior to the filing of the movant's first responsive pleading or the motion may be combined with other objections and defenses and included in the movant's first responsive pleading.
3.Requisites of Motion. The motion, and any amendments to it, shall state that the action should be transferred to another specified county of proper venue because:
(a)The county where the action is pending is not a proper county; or
(b)Mandatory venue of the action in another county is prescribed by one or more specific statutory provisions which shall be clearly designated or indicated.
The motion shall state the legal and factual basis for the transfer of the action and request transfer of the action and request transfer of the action to a specific county of mandatory or proper venue. Verification of the motion is not required. The motion may be accompanied by supporting affidavits as provided in Rule 87.
4.Response and Reply. Except as provided in paragraph 3(a) of Rule 87, a response to the motion to transfer is not required. Verification of a response is not required.
5.Service. A copy of any instrument filed pursuant to Rule 86 shall be served in accordance with Rule 21a.
End
Plain-English Summary
Rule 86 is the deadline rule for challenging venue. An objection to improper venue is waived unless the party makes it by written motion filed before, or at the same time as, any other plea, pleading, or motion — with one exception, a special appearance under Rule 120a, which comes first. Parties may also consent in writing to a transfer at any time.
The motion may stand alone or be combined in the first responsive pleading. It must state that the case should go to a specific county of proper venue, either because the county of suit is not proper or because a mandatory-venue statute (clearly identified) points elsewhere, and it must give the legal and factual basis. Verification is not required, and supporting affidavits may be filed under Rule 87.
Frequently Asked Questions
When must you object to venue in Texas?
Under Rule 86, by written motion filed before or together with your first responsive pleading. The only thing that properly comes earlier is a Rule 120a special appearance. Miss the deadline and the objection is waived.
Does a motion to transfer venue have to be verified?
No. Rule 86 does not require verification, though the motion may be supported by affidavits under Rule 87.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 86), 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:motion to transfer venuevenueimproper venuechange of venueTRCP 86