Needed Changes in Texas Venue Law

This paper describes and proposes solutions to three tensions between the Civil Practice and Remedies Code and the Rules of Civil Procedure. Part II sets out the history of the two different bodies of venue law in Texas and explains what happened to them in 1983. Part III recommends that the Code be revised so that a motion to change venue because of prejudice can be filed after the answer. Part IV recommends that the Code should be revised so that live testimony is permissible in a hearing on a motion to change venue because of prejudice.

Part V analyzes the treatment of motions to change venue on appeal. It recommends that the Code be revised so that the harmless error rule does not apply when a trial court holds a trial in a prejudiced forum. Part VI summarizes the proposed modifications and explains how they work together to increase efficiency and fairness.