In one sentenceRule 356 lets a trial court, on its own initiative, ask the regional presiding judge to transfer a qualifying action to the business court, sets notice-and-hearing steps, and allows mandamus review of a denial.
(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.
End
Notes and Comments
Comment to 2024 change: Rule 356 is adopted to implement Texas Government Code Section 25A.006(k).
Plain-English Summary
Rule 356 covers a court sending a case to the business court on its own. A court may ask the presiding judge of its administrative judicial region to transfer a pending action to the business court if that court has authority to hear it. The court must notify all parties, and if any party objects, set a hearing in consultation with the regional presiding judge, who self-assigns to the court, conducts the hearing, and rules.
The regional presiding judge may transfer the action on finding that it will facilitate the fair and efficient administration of justice. A party may challenge a denial by filing a petition for writ of mandamus in the court of appeals. After a transfer, a party may seek remand under Rule 355 within 30 days, and the business court clerk assigns the action to the proper division and judge.
Frequently Asked Questions
Can a Texas court move a case to the business court on its own?
Yes. Rule 356 lets a court ask the regional presiding judge to transfer a qualifying action, with notice to the parties and a hearing if any party objects.
Can you challenge a refusal to transfer a case to the business court?
Yes, by filing a petition for writ of mandamus in the court of appeals for the requesting court's county (Rule 356).
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 356), 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:action transferred to business courtregional presiding judge transferbusiness court transferTRCP 356