Back to Main Page / Back to List of Rules
Rule 527. Motion to Transfer (1983)
A motion to transfer filed in the justice court shall contain the requisites prescribed in Rule 86; and in addition shall set forth the precinct to which transfer is sought.
Amended by order of June 15, 1983, eff. Sept. 1, 1983: To conform to S.B. 898, 68th Legislature, 1983.
|Prior Amendments||Future Amendments|
|Oct. 29, 1940, eff. Sept. 1, 1941||Repealed by order of April 15, 2013, eff. Aug. 31, 2013.|
(No. 48) Question: Is a plea of privilege wherein the defendant fails to "state ... the post office address of himself or his attorney" as required by Rules 86 and527, sufficient to require a controverting affidavit, in view of the provisions of Rule 87 providing that "such … hearing shall not be had until a copy of such controverting plea ... shall have been mailed by registered mail to the defendant o r his attorney at the post office address stated in such plea of privilege at least 10 days before the date set for the hearing"?
Answer: In our opinion the question should be answered in the affirmative, provided the plea of privilege states the county of the defendant's residence and has all the other requisites prescribed by Rule 86 and merely fails to state the post office address of the defendant or his attorney.
The provision of the rule which requires the plea of privilege to state the post office address of the defendant or his attorney does not relate to the sufficiency of the plea as to venue, but was merely inserted in order to facilitate the delivery to the defendant of the controverting affidavit. Therefore the failure to give such post office address might tend to excuse the plaintiff's failure to mail his controverting affidavit to the defendant, but it would not constitute such a fatal defect in the plea of privilege as to eliminate the necessity of the plaintiff's filing a controverting affidavit.
5 Tex. B.J. 287 (1942) reprinted in 8 Tex. B.J. 20 (1945).