Help ! Where Do I File My Lawsuit ? By Brent R . Doré
Have you ever wondered why a lawsuit is brought in a particular court or county ? You are not alone . These are complex issues that must be carefully considered . This article provides an overview of two concepts that affect every lawsuit : jurisdiction and venue .
Jurisdiction Jurisdiction determines whether a particular court may hear , and ultimately decide , a particular dispute . Several types of trial courts exist in Texas : district courts , county courts , justice courts ( i . e . Justice of the Peace ), and various other courts created by the Texas legislature . The “ amount in controversy ” ( i . e . the amount of money in dispute ) is often the determining factor for which court will have jurisdiction over a lawsuit .
Venue Determining whether a lawsuit may be filed in a particular county is a question of venue . Lawsuits must be brought in the correct county , and this determination is governed by the concepts of general , permissive , and mandatory venue . However , if a lawsuit is filed in an incorrect county , the defendant must timely object to the incorrect venue . If a timely objection to the incorrect venue is not asserted , the lawsuit will remain in the county where it was originally filed .
District courts are the primary trial courts in Texas . The amount in controversy must exceed $ 500 for jurisdiction to apply . Parker County has two district courts : the 43rd District Court ( Judge Craig Towson ) and the 415th District Court ( Judge Graham Quisenberry ).
Texas has two types of county courts : Constitutional County Courts and County Courts at Law . The Constitutional County Court is created by the Texas Constitution and serves as the office of the county ’ s chief administrator . Judge Mark Riley presides over the Constitutional County Court of Parker County . County Courts at Law are created by the legislature and have concurrent jurisdiction with justice courts and district courts depending on the amount in controversy . Probate jurisdiction with district courts and county courts can be quite complex . Parker County has two county courts at law : County Court at Law # 1 ( Judge Jerry Buckner ) and County Court at Law # 2 ( Judge Lynn Marie Johnson ).
Justice courts have jurisdiction over small claims , debt claims , and eviction claims . The amount in controversy cannot exceed $ 10,000 , and these courts have original jurisdiction for claims less than $ 200 .
Specialized courts such as probate , juvenile , or family courts often have concurrent jurisdiction with district or county courts .
When out of state parties are involved in lawsuits in Texas , other jurisdictional issues must also be considered . Texas courts may not have jurisdiction over out of state parties if those parties have had little or no contact with Texas . And , if a Texas company or individual is sued in another state , those courts may not have jurisdiction if the Texas company or individual has had little contact with the other state . These types of jurisdictional issues must be promptly raised or they may be waived .
The general venue rule states that a suit may be filed in one of the following counties : ( 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 when the cause of action accrued ( if the defendant is a natural person ); ( 3 ) the county of the defendant ’ s principal office in Texas ( if the defendant is not a natural person ); or ( 4 ) in the county where the plaintiff resided when the cause of action accrued , if no other provision applies .
In addition to the general venue rule , certain “ permissive venue ” options exist in situations where there is no mandatory venue . Examples include suits against executors , administrators , guardians ; breach of warranty claims ; and claims based on written contracts .
Based on the type of claim ( s ) involved , “ mandatory venue ” may exist , which requires the lawsuit to be filed in a specific county . For example , suits involving a title dispute to real property must be filed in the county where the land is located . If there is mandatory venue in one county and general or permissive venue in another , the mandatory venue provision controls .
Whether you or your business has just been sued or you think that you or your business may have a claim , it is critically important to consult with an attorney about jurisdiction and venue .
This article is for informational purposes only and not for the purpose of providing legal advice . You should contact an attorney to obtain advice with respect to any particular issue .
Brent R . Doré is an attorney with Harris , Finley & Bogle , P . C . He is a member of the Texas Bar College . His practice focuses on commercial litigation , oil and gas , contracts , and fiduciary litigation . He can be reached at bdore @ hfblaw . com or at 817-870-8754 .
NOVEMBER 2017 PARKER COUNTY TODAY
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