Many of my clients ask me how lawyers decide where to file a lawsuit. If often seems that lawsuits are filed in inconvenient places far away from where the actual dispute occurs. Or it seems like a lawsuit is filed in a place more convenient to one party than others. Where a lawsuit gets filed is called “venue”. Venue is subject to significant legal and factual analysis; much of it voluminous, case specific, and confusing. The following discussion is obviously not to be construed as legal advice or an exhaustive discussion of venue law. This is only a very broad, brief, and general discussion, and analysis of where a suit is filed should be handled by competent legal counsel.

That having been said, generally speaking, where a suit gets filed is often determined by what kind of suit it is. Federal lawsuits, state court lawsuits, and arbitrations are all subject to their own venue laws and rules. Venue also depends upon the issues giving rise to the suit, and some cases are subject to mandatory venue rules; i.e. statutes or laws state they must be filed in a particular venue. Additionally, parties can decide where suit is to be filed by agreement or contract. I will generally discuss Texas state court venue in cases common to my practice: contract cases, real estate cases, and tort cases.

Many contracts have one or more provisions establishing venue (called forum selection clauses). Such provisions are often accompanied by provisions establishing which state’s law governs the contract and whether the contract is subject to arbitration. These provisions are written to benefit the party that drafts the contract. Anyone signing a contract should be wary of these clauses. For instance, I have seen many contracts that involve local business, but mandate another state’s law governs the contract or require litigation/arbitration be filed in another city, county, or state. These clauses are often enforceable and can be very difficult to overcome. If there are no such provisions in the contract, suit typically can be filed in any county where the breach occurred, where the contract was to be performed, or where the property/premises at issue are located.

Cases involving disputes over real property (purchase and lease) typically are filed in the county where the land/premises is located. Leases sometimes contain forum selection clauses that mandate suit be filed in a particular county. Again, it is important to be aware of such a clause when signing any contract or lease.

If the dispute involves a tort (such as negligence), suit may be filed either where the incident occurred or where the defendant in the suit resides. If more than one event gives rise to the suit (such as a case involving numerous vehicle collisions over more than one county during a lengthy police chase), then suit can be filed in any county where one of the accidents occurs. Likewise, if there are numerous defendants that reside in multiple counties, then suit may be filed in any county where one of the defendants resides. Once venue is established as to one defendant, it is usually valid for all defendants.

Where a suit is filed is often a complex decision for a lawyer to make. Sometimes it is mandated by contract, statute, or law. Other times several places are venue options, and lawyers have to analyze the benefits of competing counties for suit. As is often the case, there may be no simple answer to a simple question like “Why is this suit filed there?”