§ 71.051.Forum Non Conveniens

The forum non conveniens statute, and its most important sentence protects Texas residents absolutely.

On written motion, if the court finds that in the interest of justice and for the convenience of the parties the claim would be more properly heard in a forum outside this state, it shall decline to exercise jurisdiction and shall stay or dismiss the claim.

Six factors guide the decision: whether an alternate forum exists; whether it provides an adequate remedy; whether maintaining the claim here would work a substantial injustice to the moving party; whether the alternate forum can exercise jurisdiction over all the defendants; whether the balance of private and public interests favours the other forum, including the extent to which the injury resulted from acts or omissions in this state; and whether the stay or dismissal would not result in unreasonable duplication or proliferation of litigation.

Subsection (e) is the categorical protection. A court may not stay or dismiss a plaintiff's claim if the plaintiff is a legal resident of this state or a derivative claimant of a legal resident. That determination is made plaintiff by plaintiff, without regard to a plaintiff's country of citizenship or national origin.

So a Texas resident cannot be sent elsewhere, and in a mixed case the court considers the factors and decides only as to the non-resident plaintiffs.

The timing is exact. A request is timely if filed not later than 180 days after the time for filing a motion to transfer venue. A ruling requires a hearing on at least 21 days' notice, with ample opportunity for discovery relevant to the motion, and the hearing may not be held less than 30 days before trial.

A court granting the motion shall set forth specific findings of fact and conclusions of law, and it retains continuing jurisdiction — if the moving party violates a condition of the stay or dismissal, the court shall withdraw the order and proceed as if it had never issued.