When must a Texas venue response and opposing affidavits be filed?

Obtain the actual venue hearing setting and leave orders.

Identify the venue facts alleged, any specific denial and the resulting proof burden.

Prepare any response and opposing affidavits for actual court filing, not merely circulation.

1. Obtain the actual venue hearing setting and leave orders.
2. Compare the actual filing of any response or opposing affidavits with the venue hearing and preserve thirty days unless court leave applies. The forty-five-day hearing notice does not replace this filing interval.
3. Read the actual order and confirm every stated condition.
4. 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.

The preset cannot determine disputed venue facts, court leave, sufficiency of proof or a backward closed-day last date.

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.

Specific venue denial and prima facie proof

Rule 87(3)(a) takes properly pleaded venue facts as true unless specifically denied. A properly disputed venue fact requires the stated prima facie proof, including affidavits and duly proved attachments fully specifying supporting facts. Affidavits need personal knowledge, admissible specific facts and affirmative competence. The existence of a cause is established by proper pleading for this venue purpose, rather than proof of its merits.

Response and verification are not universally required

Rule 86(4) says a response is not required except as provided by Rule 87(3)(a), and verification of a response is not required. That does not remove the affidavit requirements for the actual prima facie venue proof.

• 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.

• Obtain the actual venue hearing setting and leave orders.
• Identify the venue facts alleged, any specific denial and the resulting proof burden.
• Prepare any response and opposing affidavits for actual court filing, not merely circulation.
• 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.
• Rule 87(3)(a) takes properly pleaded venue facts as true unless specifically denied. A properly disputed venue fact requires the stated prima facie proof, including affidavits and duly proved attachments fully specifying supporting facts. Affidavits need personal knowledge, admissible specific facts and affirmative competence. The existence of a cause is established by proper pleading for this venue purpose, rather than proof of its merits.
• Rule 86(4) says a response is not required except as provided by Rule 87(3)(a), and verification of a response is not required. That does not remove the affidavit requirements for the actual prima facie venue proof.
• File any response and opposing affidavits with properly supported venue facts and preserve required service. Rule 86(4) does not require verification of a response, while Rule 87(3)(a) imposes the distinct affidavit proof requirements for disputed venue facts. File the actual required document with the clerk and complete the separately required service under Rule 21a. Rule 21(f)(5) ordinarily requires electronic filing before midnight in the court’s time zone. Preserve transmission to the electronic filing service provider, the filing receipt, service evidence and any specific order. A calculation does not prove legal sufficiency or grant relief.