Art. 31A.005 CONTESTING MOTION TO CHANGE VENUE; HEARING

If someone asks to move a trial to a different county, they have to back up that request with a sworn statement, called an affidavit. This rule explains what happens when the other side does not agree with that request.

The other side can challenge the request by filing their own sworn statement. This statement can question whether the first person is telling the truth or whether they actually have enough knowledge to make those claims about needing a venue change.

When this happens, the judge cannot just decide on paper. The judge has to hold a hearing where both sides can present their case. After hearing the evidence and arguments, the judge decides whether to grant or deny the request to move the trial based on the law and the facts presented.