Motion to Transfer, How do I transfer my case from one district court to another court?
For the Same County
When you need to transfer your case to a different county, you file a Motion to Transfer with Order for Motion to Transfer. These two documents are important. You must explain to the Court in your Motion why you are asking for a transfer.
One example for requesting a transfer is when a child is no longer a resident of a particular county where the current case is pending and the other court is a better venue.
Another example is when you file your case in the wrong court.
You may have to appear before the judge for your motion, especially when the other side oppose the transfer.
For Different County
You will still file a Motion to Transfer your case from the district courts in a particular county to another county.
However, if you are filing a divorce, your waiting period begins from the date the correct court has jurisdiction over your case. The Texas Rules of Civil Procedure states that:
“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.”
If you have questions regarding where to file your case or need assistance with transferring your case to the right court, call our office.