Rule 258.Shall Be Granted
Last amended September 1, 1983 · Last verified June 28, 2026
Full Text of Rule 258
Plain-English Summary
Rule 258 sets what happens after a Rule 257 motion is filed. The motion must be granted unless the credibility of those who signed it, their means of knowledge, or the truth of the facts they state is attacked by the affidavit of a credible person. When the motion is attacked that way, the judge tries the resulting issue and grants or refuses the motion. Reasonable discovery for and against the motion is permitted, and relevant discovery — including deposition testimony on file — may be attached to or incorporated into a party's, witness's, or attorney's affidavit.
Frequently Asked Questions
Can the other side fight a change-of-venue motion in Texas?
Yes. Under Rule 258, a credible person may file an affidavit attacking the movant's affiants or facts; the judge then tries the issue, with reasonable discovery permitted.
Is a Rule 257 venue motion granted automatically if no one objects?
In effect, yes. Rule 258 says the motion must be granted unless a credible person's affidavit attacks the affiants' credibility, their knowledge, or the truth of the facts alleged — without that attack, there is nothing for the judge to try.
Can parties take discovery on a change-of-venue fight in Texas?
Yes. Rule 258 permits reasonable discovery for and against the motion, and lets relevant discovery — including deposition testimony already on file — be attached to or incorporated into an affidavit.