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.