Rule 105.Change of Venue
Part I. General Administration · Last amended July 1, 2021 · Last verified September 4, 2026
Full Text of Rule 105
Rule History
(Adopted March 29, 2021, effective July 1, 2021.)
Plain-English Summary
Rule 105 opens with a limit on the court: a judge may change venue only upon motion by a party. There is no transfer on the court's own initiative.
Discretionary change
The judge may transfer as a statute provides, or on affidavit or other satisfactory proof that there is reason to believe an impartial trial cannot be held in the county of filing, or that the convenience of witnesses and the ends of justice would be promoted.
Mandatory change
The judge must change venue on proof that the county designated in the petition is not the proper county. That motion is due no later than 14 days after the party files a responsive pleading.
The objection that can defeat a mandatory transfer
Subsection (a)(3) is the interesting turn. On a mandatory-venue motion the court may consider an objection resting on the discretionary grounds — and may deny an otherwise proper motion if it finds an impartial trial cannot be had in the proper venue, or that convenience and the ends of justice favor keeping the case where it was filed. The mandatory transfer is therefore rebuttable by the same considerations that drive a discretionary one.
Sanctions
Where the court grants a mandatory transfer, it may assess sanctions against the filing party or that party's attorney if it finds the action was filed in the improper venue without a showing of good cause.
Who hears it next
Within the same judicial district, the judge orders transfer to a specific court of proper venue and keeps the case, unless the administrative district judge reassigns it. Across districts, it depends on the judge's wish: a judge who wants to keep the case says so in the order and refers it to the administrative director for Supreme Court assignment; a judge who does not transfers it, and the receiving district assigns its own judge. Where the transfer is discretionary, the court enters the order, suggests a court of proper venue, and refers the case for assignment either way.
Frequently Asked Questions
Can a judge move a case to another county without being asked?
No. Rule 105(a) provides that a judge may change venue only upon motion by any party.
When must I move to transfer a case filed in the wrong county?
Rule 105(a)(2) requires the motion no later than 14 days after the party files a responsive pleading.
Can the court keep a case that was filed in the wrong county?
Yes. Rule 105(a)(3) allows the court to deny an otherwise proper mandatory venue motion if it finds an impartial trial cannot be had in the proper venue or that the convenience of witnesses and the ends of justice would be promoted by retaining the case.
Are there consequences for filing in the wrong county?
Rule 105(a)(4) allows the court, when granting a mandatory change of venue, to assess sanctions against the filing party or that party's attorney if the action was filed in the improper venue without a showing of good cause.
Does the same judge keep the case after a transfer?
Within the same judicial district, Rule 105(b)(2) has the judge continue the assignment unless the administrative district judge reassigns it. Across districts, Rule 105(c) lets the original judge indicate whether they wish to continue.