United States · Texas pleadings and dispositive motions
How much notice is required for a Texas motion to transfer venue hearing?
Except on leave of court, each party is entitled to at least forty-five days’ notice of the hearing on a motion to transfer venue. The movant must request a setting. The court must decide venue promptly and a reasonable time before trial. This hearing notice is not the deadline to make the venue objection. This guide calculates no date.
- Period
- At least forty-five days’ hearing notice except on court leave, with prompt determination reasonably before trial
- Trigger
- The actual hearing on the motion to transfer venue and notice given to each party
- Rule
- Texas Rule 87(1), 86
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
Source guide · No automated date
Check the required act and controlling order
The backward notice preset does not establish actual notice to each party, court leave, the pleading sequence or closed-day adjustment.
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Which facts and events control this procedure?
Identify the motion to transfer venue and the movant’s request for a setting.
Obtain the actual venue hearing date and each party’s notice record.
Check actual leave and preserve the separate timely venue pleading under Rule 86.
Texas Rule 87(1), 86How does the required timing work?
- Identify the motion to transfer venue and the movant’s request for a setting.
- Compare the actual venue hearing with notice to each party and preserve at least forty-five days unless court leave changes the requirement. Do not use the trial date as the venue hearing or treat notice as making the venue objection.
- Read the actual order and confirm every stated condition.
- Complete the act required by the rule, not merely a date calculation.
Rule 4 excludes the controlling event. For periods longer than five days, intermediate weekends and legal holidays count. Do not automatically move a backward latest filing or notice date forward and shorten the required interval. Establish the actual hearing, legally relevant holidays, court calendar and any leave or order. This guide makes no automatic backward closed-day adjustment.
Texas Rule 87(1), 86Why is no fixed date calculated?
The backward notice preset does not establish actual notice to each party, court leave, the pleading sequence or closed-day adjustment.
Which conditions, exceptions or court directions matter?
- Actual leave and prompt determination
- Rule 87(1) permits leave of court concerning the stated notice, response and reply intervals. The movant must request a setting, and the court must determine venue promptly and a reasonable time before trial on the merits. A party cannot assume leave or substitute the trial date for the venue hearing.
- Venue objection has its own sequence
- Rule 86(1) provides the specified due order for a venue motion, with the special-appearance exception. Forty-five days’ hearing notice does not cure an otherwise waived venue objection.
- Special appearance is determined first
- Rule 120a(2) requires determination of the special appearance before the venue motion or other pleas. A venue hearing setting does not replace that sequence.
- This guide does not establish the actual pleadings, service, calendar, legal entitlement or terms of a signed order.
- The current consolidation date does not decide historical applicability of an individual amendment.
What must be completed and preserved?
Common questions about this required act
How much notice is required for a Texas motion to transfer venue hearing?
Is forty-five days the time to file the original venue objection?
No. It is the hearing notice interval under Rule 87(1). Rule 86 controls the venue pleading sequence.
Texas Rule 86(1), 87(1)Who must request the setting?
Rule 87(1) places that duty on the movant and requires prompt determination a reasonable time before trial.
Texas Rule 87(1)Can parties simply ignore the notice interval?
Rule 87(1) makes the exception court leave. Establish the actual leave rather than assuming shorter notice is permitted.
Texas Rule 87(1)Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| Texas Rule 87(1), 86 | The actual actor, required act and timing conditions |
| Texas Rule 87(1) | Actual leave and prompt determination |
| Texas Rule 86(1), 87(1) | Venue objection has its own sequence |
| Texas Rule 120a(2) | Special appearance is determined first |
| Texas Rule 4 | Computation, short periods and closed-day boundaries |
| Texas Rule 21a, 21(f)(5) | Separate service and ordinary electronic filing requirements, where applicable |