Rule 355.Action Removed to the Business Court

Last verified June 28, 2026

In one sentenceRule 355 lets a party remove a qualifying case from a district or county court to the business court by filing a notice of removal, sets what the notice must contain and when it is due, and provides for remand of an improper removal.

Full Text of Rule 355

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(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.

(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.

End

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).

Plain-English Summary

Rule 355 covers moving a pending case into the business court. A party removes by filing a notice of removal with both the court the case is in and the business court. The notice states whether all parties agree, pleads facts establishing the business court's authority and venue, and attaches the docket sheet and the case papers.

Timing turns on agreement. When all parties agree, the notice may be filed at any time during the action; otherwise it must be filed within 30 days after the removing party discovered, or reasonably should have discovered, grounds for removal — unless a temporary-injunction application is already pending, in which case the 30 days instead runs from the date that application is granted, denied, or denied by operation of law. If the business court finds removal improper, it remands the case; a party may also move to remand, and the court must give the parties 10 days' notice before remanding on its own initiative.

Frequently Asked Questions

How do you remove a case to the Texas business court?

File a notice of removal with both the originating court and the business court, pleading facts that establish the court's authority and venue (Rule 355).

What is the deadline to remove a case to the business court?

If all parties agree, any time during the action; otherwise within 30 days after the removing party discovered or should have discovered grounds for removal — or, if a temporary-injunction application is already pending, within 30 days after that application is granted, denied, or denied by operation of law (Rule 355).

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 355), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: removal to business courtnotice of removal business courtremand business courtTRCP 355