Rule 330. Rules of Practice and Procedure in Certain District Courts

(a) Appealed Cases. The following rules of practice and procedure shall govern and be followed in all civil actions in district courts in counties where the only district court of said county vested with civil jurisdiction, or all the district courts thereof having civil jurisdiction, have successive terms in said county throughout the year, without more than two days intervening between any of such terms, whether or not any one or more of such district courts include one or more other counties within its jurisdiction. In cases appealed to said district courts from inferior courts, the appeal, including transcript, shall be filed in the district court within thirty (30) days after the rendition of the judgment or order appealed from, and the appellee shall enter his appearance on the docket or answer to said appeal on or before ten o’clock a.m. of the Monday next after the expiration of twenty (20) days from the date the appeal is filed in the district court.

(b) [Repealed]

(c) Postponement or Continuance. Cases may be postponed or continued by agreement with the approval of the court, or upon the court’s own motion or for cause. When a case is called for trial and only one party is ready, the court may for good cause either continue the case for the term or postpone and reset it for a later day in the same or succeeding term.

(d) Cases May Be Reset. A case that is set and reached for trial may be postponed for a later day in the term or continued and reset for a day certain in the succeeding term on the same grounds as an application for continuance would be granted in other district courts. After any case has been set and reached in its due order and called for trial two (2) or more times and not tried, the court may dismiss the same unless the parties agree to a postponement or continuance but the court shall respect written agreements of counsel for postponement and continuance if filed in the case when or before it is called for trial unless to do so will unreasonably delay or interfere with other business of the court.

(e) Exchange and Transfer. Where in such county there are two or more district courts having civil jurisdiction, the judges of such courts may, in their discretion, exchange benches or districts from time to time, and may transfer cases and other proceedings from one court to another, and any of them may in his own courtroom try and determine any case or proceeding pending in another court without having the case transferred, or may sit in any other of said courts and there hear and determine any case there pending, and every judgment and order shall be entered in the minutes of the court in which the case is pending and at the time the judgment or order is rendered, and two (2) or more judges may try different cases in the same court at the same time, and each may occupy his own courtroom or the room of any other court. The judge of any such court may issue restraining orders and injunctions returnable to any other judge or court, and any judge may transfer any case or proceeding pending in his court to any other of said courts, and the judge of any court to which a case or proceeding is transferred shall receive and try the same, and in turn shall have power in his discretion to transfer any such case to any other of said courts and any other judge may in his courtroom try any case pending in any other of such courts.

(f) Cases Transferred to Judges Not Occupied. Where in such counties there are two or more district courts having civil jurisdiction, when the judge of any such court shall become disengaged, he shall notify the presiding judge, and the presiding judge shall transfer to the court of the disengaged judge the next case which is ready for trial in any of said courts. Any judge not engaged in his own court may try any case in any other court.

(g) Judge May Hear Only Part of Case. Where in such counties there are two or more district courts having civil jurisdiction, any judge may hear any part of any case or proceeding pending in any of said courts and determine the same, or may hear and determine any question in any case, and any other judge may complete the hearing and render judgment in the case.

(h) Any Judge May Hear Dilatory Pleas. Where in such county there are two or more district courts having civil jurisdiction, any judge may hear and determine motions, petitions for injunction, applications for appointment of receivers, interventions, pleas of privilege, pleas in abatement, all dilatory pleas and special exceptions, motions for a new trial and all preliminary matters, questions and proceedings and may enter judgment or order thereon in the court in which the case is pending without having the case transferred to the court of the judge acting, and the judge in whose court the case is pending may thereafter proceed to hear, complete and determine the case or other matter, or any part thereof, and render final judgment therein. Any judgment rendered or action taken by any judge in any of said courts in the county shall be valid and binding.

(i) Acts in Succeeding Terms. If a case or other matter is on trial, or in the process of hearing when the term of court expires, such trial, hearing or other matter may be proceeded with at the next or any subsequent term of court and no motion or plea shall be considered as waived or overruled, because not acted upon at the term of court at which it was filed, but may be acted upon at any time the judge may fix or at which it may have been postponed or continued by agreement of the parties with leave of the court. This subdivision is not applicable to original or amended motions for new trial which are governed by Rule 329b. [RULE 331. Repealed effective January 1, 1988] S ECTION 12. R EVIEW BY D ISTRICT C OURTS OF C OUNTY C OURT R ULINGS [RULES 332-351. Repealed effective January 1, 1976] PART III - RULES OF PRACTICE IN THE BUSINESS COURT RULE 352. THE BUSINESS COURT GENERALLY Chapter 25A, Government Code, and Parts I, II, III, and VI of these rules govern the procedures in the business court. If there is any conflict between Parts I, II, and VI and Part III, Part III controls.

Committee Notes

Comment to 2024 change: Part III of these rules is adopted to implement Texas Government Code Chapter 25A. RULE 353. FEES FOR BUSINESS COURT ACTIONS The Office of Court Administration and the business court must publish a schedule of business court fees. Parties must pay the fees as specified in the schedule, except the business court must waive fees for inability to afford payment of court costs, consistent with Rule 145, and may otherwise waive fees in the interest of justice. Notes and Comments Comment to 2024 change: Rule 353 is adopted to implement Texas Government Code Section 25A.018. RULE 354. ACTION ORIGINALLY FILED IN THE BUSINESS COURT (a) Pleading Requirements. For an action originally filed in the business court, an original pleading that sets forth a claim for relief—whether an original petition, counterclaim, cross-claim, or third party claim—must, in addition to the pleading requirements specified in Part II of these rules, plead facts to establish the business court’s authority to hear the action. An original petition must also plead facts to establish venue in a county in an operating division of the business court. (b) Clerk Duties . The business court clerk must assign the action to a division of the business court. If the division has more than one judge, then the clerk must randomly assign the action to a specific judge within that division. (c) Challenges. (1) To Venue. A motion challenging venue must comply with Rules 86 and 87. (2) To Authority. A motion challenging the business court’s authority to hear an action must be filed within 30 days of the movant’s appearance. (d) Transfer or Dismissal. (1) Venue Transfer. If the business court determines, on a party’s motion, that the division’s geographic territory does not include a county of proper venue for the action, the business court must: (A) if an operating division of the business court includes a county of proper venue, transfer the action to that division; or (B) if there is not an operating division of the business court that includes a county of proper venue, at the request of the party filing the action, transfer the action to a district court or county court at law in a county of proper venue. (2) Authority. If the business court determines, on a party’s motion or its own initiative, that it does not have the authority to hear the action, the business court must: (A) if the determination was made on its own initiative, provide at least 10 days’ notice of the intent to transfer or dismiss and an opportunity to be heard on any objection; and (B) at the request of the party filing the action: (i) transfer the action to a district court or county court at law in a county of proper venue; or (ii) dismiss the action without prejudice to the parties’ claims. Notes and Comments Comment to 2024 change: Rule 354 is adopted to implement Texas Government Code Sections 25A.006(a)-(c) and 25A.020(a)(2). Texas Government Code Section 25A.004 specifies the business court’s authority to hear an action. RULE 355. ACTION REMOVED TO THE BUSINESS COURT (a) Notice of Removal Required. A party to an action originally filed in a district court or county court at law may remove the action to the business court by filing a notice of removal with: (1) the court from which removal is sought; and (2) the business court. (b) Notice Contents. The notice must: (1) state whether all parties agree to the removal; (2) plead facts to establish: (A) the business court’s authority to hear the action; and (B) venue in a county in an operating division of the business court; and (3) contain a copy of the district court’s or county court at law’s docket sheet and all process, pleadings, and orders in the action. (c) Notice Deadline. (1) When Agreed. A party may file a notice of removal reflecting the agreement of all parties at any time during the pendency of the action. (2) When Not Agreed. If all parties have not agreed to remove the action, the notice of removal must be filed: (A) within 30 days after the date the party requesting removal of the action discovered, or reasonably should have discovered, facts establishing the business court’s authority to hear the action; or (B) if an application for temporary injunction is pending on the date the party requesting removal of the action discovered, or reasonably should have discovered, facts establishing the business court’s authority to hear the action, within 30 days after the date the application is granted, denied, or denied by operation of law. (d) Effect of Notice. A notice of removal to the business court is not subject to due order of pleading rules. Filing a notice of removal does not waive a defect in venue or constitute an appearance waiving a challenge to personal jurisdiction. (e) Clerk Duties. On receipt of a notice of removal, the clerk of the court from which removal is sought must immediately transfer the action to the business court. The business court clerk must assign the action to the appropriate operating division of the business court. If the division has more than one judge, then the clerk must randomly assign the action to a specific judge within that division. (f) Remand. (1) When Required. If the business court determines, on motion or its own initiative, that removal was improper, the business court must remand the action to the court from which the action was removed. (2) Motion to Remand. (A) A party may file a motion to remand the action in the business court based on improper removal. Except as provided in (B), the motion must be filed within 30 days after the notice of removal is filed. (B) If a party is served with process after the notice of removal is filed, the party seeking remand must file a motion to remand within 30 days after the party enters an appearance. (3) On Business Court’s Own Initiative. The business court must provide the parties 10 days’ notice of its intent to remand on its own initiative and an opportunity to be heard on any objection. Notes and Comments Comment to 2024 change: Rule 355 is adopted to implement Texas Government Code Section 25A.006(d)-(g), (i)-(j) and Section 25A.020(a). RULE 356. ACTION TRANSFERRED TO THE BUSINESS COURT (a) Transfer Request. On its own initiative, a court may request the presiding judge for the administrative judicial region in which the court is located to transfer an action pending in the court to the business court if the business court has the authority to hear the action. In this rule, the “regional presiding judge” means the presiding judge for the administrative judicial region in which the court is located. (b) Notice and Hearing. The court must notify all parties of the transfer request and, if any party objects, must set a hearing on the transfer request in consultation with the regional presiding judge. The regional presiding judge must self-assign to the court, conduct a hearing on the request, and rule on the request. (c) Transfer. The regional presiding judge may transfer the action to the business court if the regional presiding judge finds the transfer will facilitate the fair and efficient administration of justice. A party may challenge the regional presiding judge’s denial of a motion to transfer by filing a petition for writ of mandamus in the court of appeals district for the requesting court’s county. (d) Remand . A party may seek remand from the business court under Rule 355 within 30 days after transfer of the case. (e) Clerk Duties . The business court clerk must assign the action to the appropriate operating division of the business court. If the division has more than one judge, then the clerk must randomly assign the action to a specific judge within that division. Notes and Comments Comment to 2024 change: Rule 356 is adopted to implement Texas Government Code Section 25A.006(k). RULE 357. EFFECT OF DISMISSAL OF AN ACTION OR CLAIM If the business court dismisses an action or claim and the same action or claim is filed in a different court within 60 days after the dismissal becomes final, the applicable statute of limitations is suspended for the period between the filings. RULE 358. APPEARANCE AT BUSINESS COURT PROCEEDINGS Rule 21d governs remote proceedings in the business court, except: (a) the business court must not require a party or lawyer to appear electronically for a proceeding in which oral testimony is heard absent agreement of the parties; and (b) the business court must not allow or require a participant to appear electronically for a jury trial. Notes and Comments Comment to 2024 change: Rule 358 is adopted to implement Texas Government Code Section 25A.017. RULE 359. MAKING A RECORD Each judge of the business court must appoint an official court reporter from a pool selected by the Office of Court Administration. A court reporter for the business court may serve more than one judge. Unless otherwise requested by the parties, a court may make a record by electronic recording consistent with Texas Rule of Appellate Procedure 13.