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Tex. Government Code § 25A.0041

This is the official text of Tex. Government Code § 25A.0041, part of Texas’s Government Code — covers the structure and operation of Texas state and local government.

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§ 25A.0041. RULES RELATED TO JURISDICTIONAL DETERMINATION.

Official statutory text

(a) The supreme court by rule shall establish procedures for the prompt, efficient, and final determination of business court jurisdiction on the filing of an action in the business court. In adopting rules under this section, the supreme court must consider:

(1) the business court's purpose of efficiently addressing complex business litigation in a manner comparable to or more effective than the business and commercial courts operating in other states;

(2) the commonalities of law and procedure existing between the business court and district courts as trial courts functioning under the Texas Constitution and within the judicial branch of this state;

(3) the limited potential for the movement of an action between a district court and the business court as it relates to issues of fundamental fairness or the preservation of constitutionally or statutorily protected rights of the parties; and

(4) the need for guidance on evolving usage of the business court and the Fifteenth Court of Appeals over time by business litigants and their counsel as the courts develop a body of precedent and practice.

(b) In adopting rules under this section, the supreme court may:

(1) provide for jurisdictional determinations based on pleadings or summary proceedings;

(2) establish appropriate standards of proof;

(3) establish limited periods during which issues or rights must be asserted, considered agreed to, or waived;

(4) establish procedures for the review of jurisdictional determinations by the business court by another judge or panel of judges, including a regional presiding judge or the administrative presiding judge of the business court;

(5) allow, require, or prohibit interlocutory appeals;

(6) provide for accelerated appeals; or

(7) provide for any other procedures necessary for the prompt, efficient, and final determination of business court jurisdiction.

Status: in_force · Read it on the official government site

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