Rule 89.Transferred if Motion Is Sustained

Last amended September 1, 1983 · Last verified June 28, 2026

In one sentenceRule 89 directs that when a venue motion is granted the case is transferred rather than dismissed, and sets the cost, transcript, and filing-fee mechanics for the move to the new county.

Full Text of Rule 89

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If a motion to transfer venue is sustained, the cause shall not be dismissed, but the court shall transfer said cause to the proper court; and the costs incurred prior to the time such suit is filed in the court to which said cause is transferred shall be taxed against the plaintiff. The clerk shall make up a transcript of all the orders made in said cause, certifying thereto officially under the seal of the court, and send it with the original papers in the cause to the clerk of the court to which the venue has been changed. Provided, however, if the cause be severable as to parties defendant and shall be ordered transferred as to one or more defendants but not as to all, the clerk, instead of sending the original papers, shall make certified copies of such filed papers as directed by the court and forward the same to the clerk of the court to which the venue has been changed. After the cause has been transferred, as above provided for the clerk of the court to which the cause has been transferred shall mail notification to the plaintiff or his attorney that transfer of the cause has been completed, that the filing fee in the proper court is due and payable within thirty days from the mailing of such notification, and that the case may be dismissed if the filing fee is not timely paid; and if such filing fee is timely paid, the cause will be subject to trial at the expiration of thirty days after the mailing of notification to the parties or their attorneys by the clerk that the papers have been filed in the court to which the cause has been transferred; and if the filing fee is not timely paid, any court of the transferee county to which the case might have been assigned, upon its own motion or the motion of a party, may dismiss the cause without prejudice to the refiling of same.

End

Plain-English Summary

Rule 89 handles the mechanics once venue is changed. If the motion to transfer is sustained, the court does not dismiss the case — it transfers the cause to the proper court. Costs incurred before the suit lands in the new court are taxed against the plaintiff, and the clerk sends the orders and original papers (or certified copies, if the case is split among defendants) to the transferee clerk.

After the transfer, the new clerk notifies the plaintiff that the filing fee is due within thirty days and that the case may be dismissed without prejudice if the fee is not paid on time. Once the fee is paid, the case becomes triable after thirty days' notice that the papers have arrived.

Frequently Asked Questions

What happens when a Texas venue motion is granted?

Under Rule 89, the case is transferred, not dismissed. The plaintiff owes pre-transfer costs and must pay the new court's filing fee within thirty days, or the case may be dismissed without prejudice.

What happens if the filing fee isn't paid after a Texas venue transfer?

Under Rule 89, the transferee court may, on its own motion or a party's motion, dismiss the case without prejudice, leaving the plaintiff free to refile.

What does the clerk send to the new court after a venue transfer in Texas?

Under Rule 89, the clerk sends a certified transcript of the orders in the case along with the original papers. If the case is severable and transferred as to some defendants but not others, the clerk sends certified copies of the filed papers instead.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 89), 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: transferred if motion is sustainedvenue transferfiling fee on transfertransferee courtthirty-day filing fee deadlineTRCP 89