Venue Change Litigation Strategy

Summary

Active participation in litigation can waive the right to object to venue changes. In Texas, cases like Huey v. Huey and In re Leder highlight this principle. If a party has filed numerous enforcements in a current venue, arguing against a venue change as forum shopping is valid. To contest a motion to transfer venue, file a Response to Motion to Transfer Venue with an affidavit detailing the opposing partys actions. A motion to strike based on waiver of venue objection can also be effective.

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Holding active litigation participation waived the right to object to venue, did it say anything about that
In Huey v. Huey, * S.W.3d * (Tex. App.—Dallas *), the court did address the issue of whether a party's active participation in litigation waived their right to object to the venue. Specifically, the court held that by participating in the litigation process, the party waived their right to object to the improper venue.
If you need more specific details or have another question, feel free to ask!
In re Leder, * S.W.3d * (Tex. App.—Houston [1st Dist.] *) what did this case say about the issue
In re Leder, * S.W.3d * (Tex. App.—Houston [1st Dist.] *), the court addressed the issue of whether a party's right to arbitration was waived due to substantial invocation of the judicial process. The court held that active participation in litigation could waive the right to compel arbitration.
Do you need more specific details about this case or assistance with a related legal issue?
so could that ultimately be argued that requesting to change venue because the other party wanted to change venue but yet actively pursued enforcement in the venue that they are wanting to change from
Case Rating: *
It's possible to argue that the other party waived their right to change venue by actively pursuing enforcement in the current venue. Texas courts have held that active participation in litigation can waive objections to venue.
Could you provide more details about the specific circumstances of your case?
I filed a motion to modify parent child relationship, the opposing party had filed a motion to transfer venue from the current venue, however in the current venue the opposing party has previously and not too long ago filed numerous litigation in the form of enforcements, so I'm arguing that they have actively been litigating and therefore wanna change venue is a form of forum shopping because its shopping different courts in order to get what they want or the most favorable outcome
Case Rating: *
You have a strong argument against the venue change due to the opposing party's active litigation in the current venue. Here are a few points to consider:
- Waiver of Venue Objection: Active participation in litigation can waive the right to object to the venue.
- Forum Shopping: Arguing that the opposing party is attempting to forum shop by changing venues can be persuasive.
- Case Precedents: Referencing cases like Huey v. Huey and In re Leder can support your argument.
Would you like more specific guidance on drafting your response or any other aspect of your case?
In re C.S., * S.W.3d * (Tex. App. *) what does this say
Case Rating: *
In the case of In re C.S., * S.W.3d * (Tex. App. *), the court addressed the issue of whether the trial court abused its discretion in denying a motion to transfer venue in a suit affecting the parent-child relationship. The court held that the trial court did not abuse its discretion because the opposing party had actively participated in litigation in the current venue.
Would you like more detailed guidance on your venue objection or any other aspect of your case?
okay, so legally what do I do to contest this, do I have to file an affidavit or like a motion to dismiss or strike
Case Rating: *
To contest the motion to transfer venue, you can file a "Response to Motion to Transfer Venue" and include the following:
- Affidavit: Attach an affidavit detailing the opposing party's active participation in the current venue.
- Motion to Strike: You may also file a motion to strike their motion to transfer based on the waiver of venue objection.
Would you like more details on drafting these documents?