Last amended September 1, 1983 · Last verified June 28, 2026
In one sentenceRule 257 lets either party seek a change of venue by motion supported by the party's own affidavit and the affidavits of at least three credible county residents, on grounds such as local prejudice or inability to get a fair trial.
A change of venue may be granted in civil causes upon motion of either party, supported by his own affidavit and the affidavit of at least three credible persons, residents of the county in which the suit is pending, for any following cause:
(a)That there exists in the county where the suit is pending so great a prejudice against him that he cannot obtain a fair and impartial trial.
(b)That there is a combination against him instigated by influential persons, by reason of which he cannot expect a fair and impartial trial.
(c)That an impartial trial cannot be had in the county where the action is pending.
(d)For other sufficient cause to be determined by the court.
End
Plain-English Summary
Rule 257 is the contested change of venue. Either party may move for it, but the motion must be supported by the party's own affidavit and the affidavits of at least three credible persons who reside in the county where the suit is pending. The grounds are local prejudice so great that a fair and impartial trial is impossible, a combination against the movant instigated by influential persons, the general impossibility of an impartial trial in the county, or other sufficient cause to be determined by the court.
Frequently Asked Questions
How do you change venue over the other side's objection in Texas?
Under Rule 257, by motion supported by your own affidavit and the affidavits of at least three credible residents of the county, showing prejudice or another sufficient cause.
What grounds justify a contested change of venue in Texas?
Rule 257 lists four: prejudice in the county so great that a fair trial is impossible, a combination against the movant instigated by influential people, the general impossibility of an impartial trial in the county, or other sufficient cause the court finds persuasive.
How many affidavits does a Rule 257 venue motion need?
At least four. Rule 257 requires the movant's own affidavit plus the affidavits of at least three credible people who live in the county where the suit is pending.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 257), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:change of venue on motionvenue prejudicethree credible personscontested venue motionTRCP 257