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.