Rule 7.060 — Process and Venue

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(a) Summons/Notice to Appear Required. A summons/notice to appear stating the time and place of hearing shall be served on the defendant. The summons/notice to appear shall inform the defendant, in a separate paragraph containing bold type, of the defendant’s right of venue. This paragraph on venue shall read:

Right to Venue. The law gives the person or company who has sued you the right to file suit in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant, have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following:
  1. Where the contract was entered into.
  2. If the suit is on an unsecured promissory note, where the note is signed or where the maker resides.
  3. If the suit is to recover property or to foreclose a lien, where the property is located.
  4. Where the event giving rise to the suit occurred.
  5. Where any one or more of the defendants sued reside.
  6. Any location agreed to in a contract.
  7. In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.
If you, as a defendant, believe the plaintiff has not sued in one of these correct places, you must appear on your court date and orally request a transfer or you must file a written request for transfer in affidavit form (sworn to under oath) with the court 7 days prior to your first court date and send a copy to the plaintiff or plaintiff’s attorney, if any.

(b) Copy of Claim to Be Served. A copy of the statement of claim shall be served with the summons/notice to appear.

Getting Notified of a Lawsuit: This rule explains how you (the defendant) are officially notified that a lawsuit has been filed against you and explains your important rights regarding the location of the case.

(a) The Summons and Your Right to Venue: You will be served with a "Summons/Notice to Appear," which is an official court document telling you the time and place of your first court date (the pretrial conference). This document MUST contain a special bolded paragraph explaining your "Right to Venue."

Venue simply means the proper county or location for the lawsuit to be heard. The law says a plaintiff can only sue you in certain places. A proper location may be:

  • Where a contract was signed.
  • Where you live (for certain types of debt).
  • Where the property involved in the lawsuit is located.
  • Where the event that caused the lawsuit happened (like a car accident).

What to Do If You Are Sued in the Wrong Place: If you believe the plaintiff has filed the lawsuit in the wrong location, you must act. You have two options:

  1. Go to your first court date and orally ask the judge to transfer the case to a proper venue.
  2. File a written request for transfer with the court at least 7 days before your first court date (and send a copy to the plaintiff).

(b) Copy of the Lawsuit: Along with the summons, you must also be served with a copy of the "Statement of Claim," which is the document that explains why you are being sued and what the plaintiff is asking for.