Courts and lawyers often use the words “forum” and “venue” interchangeably. However, the terms have different meanings and have significantly different practical impacts in Texas state court concerning one of the most fundamental issues in litigation: where a case will be tried.
As noted in Great Lakes Dredge & Dock Co., 251 S.W.3d 68 (Tex. App.—Corpus Christi 2008, no pet.), “forum” refers to a sovereign or a state. A provision in a contract stating that disputes must be brought “in the courts of the State of Texas” is therefore a forum-selection clause. “Venue,” by contrast, is the place within a forum where the case will be tried. A provision specifying that the parties agree that disputes shall be brought “in the courts of Harris County, Texas” is a venue-selection clause.
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