In one sentenceRule 358 applies the remote-proceedings rule to the business court but bars the court from requiring an electronic appearance where oral testimony is heard absent agreement, and from allowing or requiring an electronic appearance for a jury trial.
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.
End
Notes and Comments
Comment to 2024 change: Rule 358 is adopted to implement Texas Government Code Section 25A.017.
Plain-English Summary
Rule 358 sets how participants appear in the business court. Rule 21d's remote-proceedings provisions apply, with two limits. The court may not require a party or lawyer to appear electronically for a proceeding in which oral testimony is heard unless the parties agree, and it may not allow or require anyone to appear electronically for a jury trial.
Frequently Asked Questions
Can you appear by video in the Texas business court?
Rule 358 applies the remote-proceedings rule, but not for a jury trial, and not for a proceeding with oral testimony unless the parties agree.
Can the business court make you appear by video for a hearing with live testimony?
No, unless the parties agree. Rule 358 bars the court from requiring an electronic appearance in a proceeding where oral testimony is heard absent that agreement.
Can any part of a business court jury trial happen remotely?
No. Rule 358 bars the court from allowing or requiring anyone to appear electronically for a jury trial, even with the parties' consent.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 358), 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:appearance at business court proceedingsremote proceedings business courtelectronic appearanceTRCP 358