Motion To Dismiss Texas Template Forum Selection Clause
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FAQ
Although most defenses to a complaint must be asserted in the answer, a defendant has the option of asserting certain defenses in the form of a motion to dismiss the complaint before filing an answer. (A motion is an application to the Court asking that the Court take some particular action in the case.)
(?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.
A contractual agreement that designates the court and location where the parties would like to have their legal dispute decided is commonly known as a "forum selection clause."
By default, Texas courts will enforce forum selection clauses unless you can ?clearly? show that doing so would be unreasonable or unjust, or that the clause is invalid due to fraud or some similar reason.
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.