This affidavit is for use with the response to motion to transfer venue (form 15-1 in this chapter) to make prima facie proof of venue facts specifically denied by the defendant. The affidavit must be made on personal knowledge, set forth specific facts as would be admissible in evidence, and show affirmatively that the affiant is competent to testify. Tex. R. Civ. P. 87(3)(a). Note that discovery products to be considered by the court in making the venue determination should be attached to or incorporated by reference in an affidavit of a party, a witness, or an attorney who has knowledge of such discovery. Tex. R. Civ. P. 88.
The attorney should not swear to the truth of the facts on which the opposing affidavit is based. See section 19.17:3 in this manual.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Affidavit
[Opposing Transfer]
BEFORE ME, the undersigned authority, personally appeared [name of affiant], who swore on oath that the following facts are true:
“My name is [name of affiant]. I am of sound mind and capable of making this affidavit. I am personally acquainted with the facts herein stated, and they are true and correct. [Include if applicable: I am authorized to make this affidavit.]”
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State specific facts that would be admissible in evidence showing how the affiant has personal knowledge of the matters stated herein and setting forth his evidence. |
[Name of affiant]
Affiant
SIGNED under oath before me on ________________________________.
Notary Public, State of Texas