Motion To Dismiss Texas Sample Forum Selection Clause

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State:
Multi-State
Control #:
US-00849
Format:
Word; 
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Description

The Motion to Dismiss Texas Sample Forum Selection Clause provides a formal request for a court to dismiss a case based on improper jurisdiction or venue, particularly when a forum selection clause is involved. Key features of this motion include the identification of the relevant forum, specific reasons for dismissal, and supporting legal arguments regarding the validity of the clause. It is essential for users to fill out specific identifiers such as the names of parties involved and the jurisdiction of the case. Legal professionals can edit the motion by tailoring the grounds for dismissal to the particulars of their case. This document is particularly useful for attorneys, partners, and legal assistants who need to quickly formulate a defense strategy in cases where jurisdictional challenges arise. Paralegals may find this form helpful to assist in case preparation by ensuring the motion meets procedural requirements. Overall, this document serves as a critical tool to navigate jurisdictional issues effectively in Texas courts.
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FAQ

A clause selecting a federal forum may be enforced using the statutory convenience transfer, while a clause selecting a state forum may be enforced under the forum non conveniens doctrine. The Court then described the appropriate standard for transfer.

The U.S. Supreme Court has long held that a forum selection clause should not be enforced when ?trial in the contractual forum will be so gravely difficult and inconvenient? that the plaintiff ?will for all practical purposes be deprived of his day in court.? In announcing this rule, the Court recognized that a legal ...

(?While a Texas court may enforce a valid forum-selection clause and thereby require the parties to litigate their dispute in the jurisdiction agreed to by the parties, the existence of a forum-selection clause does not generally deprive the forum of jurisdiction over parties.

If the forum selection clause was communicated to the resisting party, has mandatory force, and covers the claims and parties involved in the dispute, it is presumptively enforceable.

It is well established that forum selection clauses are prima facie valid and enforceable unless shown by the resisting party to be unreasonable. However, a forum selection clause may be waived. A forum selection clause defense is a defense founded on documentary evidence.

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Motion To Dismiss Texas Sample Forum Selection Clause