Texas Civil Practice and Remedies Code

§ 71.051 — FORUM NON CONVENIENS

CP § 71.051Title 4. LIABILITY IN TORT · Ch. 71. WRONGFUL DEATH; SURVIVAL; INJURIES OCCURRING OUT OF STATE · Art. D. FORUM NON CONVENIENS

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(a)Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 3.09.

(b)If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties a claim or action to which this section applies would be more properly heard in a forum outside this state, the court shall decline to exercise jurisdiction under the doctrine of forum non conveniens and shall stay or dismiss the claim or action. In determining whether to grant a motion to stay or dismiss an action under the doctrine of forum non conveniens, the court shall consider whether:

(1)an alternate forum exists in which the claim or action may be tried;

(2)the alternate forum provides an adequate remedy;

(3)maintenance of the claim or action in the courts of this state would work a substantial injustice to the moving party;

(4)the alternate forum, as a result of the submission of the parties or otherwise, can exercise jurisdiction over all the defendants properly joined to the plaintiff's claim;

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Legislative history

Acts 2005, 79th Leg., Ch. 248 (H.B. 755), Sec. 1, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 537 (H.B. 1692), Sec. 1, eff. June 16, 2015.