When someone files a lawsuit, where that lawsuit is filed can matter almost as much as what the lawsuit is about. That concept is known as venue. Venue determines the proper geographic location for a lawsuit and is governed by statute and procedural rules. Filing in the wrong venue can lead to delays, dismissal, or transfer of the case—sometimes at significant cost.

This article explains what venue is, what law determines venue, and what those laws generally require, with a focus on Texas and federal courts.

What Is Venue in Legal Terms?

Venue refers to the county, district, or judicial subdivision in which a lawsuit may or must be filed. Venue answers the question:

“Which court location is legally appropriate for this case?”

Venue is different from jurisdiction, which concerns a court’s power to hear a case. A court may have jurisdiction but still be the wrong venue.

Why Venue Matters in a Lawsuit

Venue laws exist to promote:

• Fairness to the parties
• Convenience for witnesses
• Judicial efficiency
• Local resolution of local disputes

Improper venue can result in:

• Motions to transfer venue
• Dismissal without reaching the merits
• Increased litigation costs
• Strategic disadvantages

What Law Determines Venue?

Venue is governed almost entirely by statute, supplemented by rules of civil procedure. The controlling law depends on whether the case is filed in state court or federal court.

1. Venue in Texas State Courts

In Texas, venue is primarily governed by:

• Texas Civil Practice & Remedies Code, Chapter 15
• Texas Rules of Civil Procedure

General Rule of Venue in Texas

Under Texas Civil Practice & Remedies Code § 15.002, a lawsuit generally must be filed in:

1. The county where all or a substantial part of the events giving rise to the claim occurred;
2. The county of the defendant’s residence (for individuals);
3. The county of the defendant’s principal office (for entities); or
4. If none of the above apply, the county where the plaintiff resided at the time the cause of action accrued.

This statute is often referred to as the “general venue rule.”

Mandatory Venue Provisions (Texas)

Some cases must be filed in a specific county, regardless of convenience or agreement. These are called mandatory venue statutes.

Common examples include:

• Real property disputes – must be filed where the land is located
• Probate matters – must be filed in the decedent’s county of residence
• Suits against counties or governmental entities – often restricted by statute

If mandatory venue applies, courts have no discretionto keep the case elsewhere.

Permissive vs. Mandatory Venue

• Permissive venue: Multiple counties may be proper
• Mandatory venue: Only one county is legally allowed

Determining whether a statute is mandatory is a frequent source of litigation.

2. Venue in Federal Courts

In federal cases, venue is governed by:

• 28 U.S.C. § 1391

Under federal law, venue is generally proper in:

1. A judicial district where any defendant resides, if all defendants reside in the same state;
2. A district where a substantial part of the events or omissions occurred; or
3. If neither applies, any district where the defendant is subject to personal jurisdiction.

Federal courts also allow transfer of venue for convenience or fairness under 28 U.S.C. § 1404(a).

Can Parties Agree to Venue?

Yes—sometimes.

Many contracts include venue selection clausesspecifying where disputes must be filed. Courts generally enforce these clauses unless they are:

• Unreasonable
• Obtained by fraud
• Contrary to mandatory venue statutes
• Against public policy

However, venue cannot be created by agreement if a statute mandates otherwise.

How Venue Is Challenged

If a lawsuit is filed in the wrong venue, the defendant may file a:

• Motion to Transfer Venue
• Motion to Dismiss for Improper Venue

In Texas, venue challenges must be raised early, or they are typically waived.

Strategic Considerations in Venue Selection

Venue can affect:

• Jury composition
• Local rules and judges
• Case timelines
• Litigation costs
• Settlement leverage

As a result, venue disputes are often highly strategic, especially in commercial, real estate, family, and complex civil litigation.

Why You May Need a Lawyer for Venue Issues

Venue law is deceptively technical. Mistakes can:

• Delay your case
• Increase costs
• Result in losing procedural rights

An experienced attorney can:

• Identify mandatory venue statutes
• Evaluate transfer risks
• Enforce or challenge venue clauses
• Protect against waiver

Final Thoughts

Venue determines where justice happens. While it may seem like a procedural detail, venue can materially impact the outcome of a lawsuit. Understanding the governing statutes—and how courts interpret them—is critical to protecting your legal position.

If you are filing or defending a lawsuit and have questions about proper venue, consulting a lawyer early can save time, money, and leverage.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.