Navigating the Texas Business Court: Local Rule highlights

To take full advantage of the promised efficiencies of the Texas Business Court, litigants should familiarize themselves with its Local Rules, which apply across all divisions of the Texas Business Court. This article highlights key aspects of these Local Rules (effective March 1, 2025) relating to initial filings, discovery disputes, motion practice and requests for emergency relief.

The Local Rules and all forms discussed herein may be found on the Texas Business Court’s webpage. While the Local Rules apply across the Texas Business Court, individual Judges and divisions have their own specific guidelines and resources, which should also be consulted.  These materials may be found on each division’s webpage: First, Third, Fourth, Eighth and Eleventh.

Initial filing

Case information sheet – Local Rule 3

Many trial courts across Texas require plaintiffs file some version of an initial case intake form, and the Texas Business Court is no exception. A Business Court Case Information Sheet must be completed and filed concurrently with any filing that initiates a case in the Texas Business Court, including removal of an existing case.

Scheduling order – Local Rule 4(a) 

Unlike some district courts that automatically generate a Docket Control Order, the Texas Business Court requires the parties confer and jointly file a Proposed Scheduling Order within 30 days of either: (i) appearance of any defendant, or (ii) filing of the notice of removal or order of transfer if the lawsuit was removed to the Texas Business Court. 

Each operating Texas Business Court division provides template scheduling orders for use in that division. And to make good on the promise of speedy dispute resolution of complex commercial cases, each of the proposed scheduling orders requires the parties promptly set a trial date no later than 12 or 18 months from filing of the scheduling order, depending on whether the case will be tried to a judge or a jury, respectively.

Corporate Disclosure Statement – Local Rule 4(b)

The Texas Business Court also requires each party file a Corporate Disclosure Statement identifying all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent corporations or other legal entities who or which are financially interested in the outcome of the litigation. 

This is akin to the disclosure statement required by Rule 7.1 of the Federal Rules of Civil Procedure. The Corporate Disclosure Statement must be filed at the time the Scheduling Order is due. Later-added parties must also file the Corporate Disclosure Statement within 14 days of their first appearance.

Discovery disputes and motion practice

The Local Rules attempt to streamline resolution of the most costly, time-consuming and contentious pre-trial disputes—discovery fights.

Discovery motions

Good faith conferrals and discovery letters – Local Rule 4(d)

The Local Rules establish a strict prerequisite to filing a discovery motion. Like many courts, the Texas Business Courts require the parties to engage in good-faith conferrals to resolve or narrow their dispute before any motion can be filed. 

If the parties are unable to resolve their disagreement, the party seeking relief may file an initial letter with the Texas Business Court summarizing the nature of the dispute. The initial letter must not exceed 700 words. 

The initial letter must be accompanied by a certificate of conference, limited to 300 words, which identifies: 1) the date each conferral occurred, 2) the parties who participated in the conferral efforts, 3) the specific results achieved and 4) whether parties discussed cost-shifting, proportionality or alternative discovery methods to narrow or resolve the dispute.

Within seven days, the other party may file a response letter. The response letter is also limited to 700 words. A response letter must be accompanied by a certificate of conference, subject to the requirements set forth above, not to exceed 200 words.

No reply letters are permitted by the Local Rules.

The Texas Business Court then has a range of options: The Texas Business Court may order a more complete briefing schedule, set a telephone conference, provide further instruction or proceed with issuing an order based on the initial letter and filed response.

The Local Rules further provide that “[i]f the parties’ discovery dispute is not resolved after satisfying the discovery-motion prerequisite, the party may file a discovery motion.”

Importantly, the Local Rules carve out “motion to quash under Tex. R. Civ. P. 199.4, Tex. Fin. Code § 59.006, and other time-sensitive rules or statutory provisions” from this discovery-dispute resolution process.

Rules for formatting motions, generally

Word limits

The Local Rules also establish word limits for motions, responses and replies in the Texas Business Court, as follows:

• Discovery motions and responses: 3000 words
• Discovery motion replies: 1250 words
• All other motions and responses: 7500 words
• All other replies: 3000 words

Every motion, response, or reply filed in the Texas Business Court must contain a certificate reflecting compliance with the Local Rule’s required word limits.

Use of exhibits

The filing of exhibits is also governed by the Local Rules. Pursuant to Local Rule 5(d) the Texas Business Court prefers that parties:

• Combine the brief and exhibit appendix into a single pdf. 
• Provide a table of contents that precedes the appendix and identifies each document in the appendix.
• Mark every page of the combined brief and appendix with a continuous page number so that each page number matches the PDF page number. 
• Bookmark each document in the appendix.
• Scale any images exceeding 8.5 x 11 to fit an 8.5 x 11 page.

For legal authority and evidence cited in any filing with the Business Court, parties must provide pincites to the page and line for depositions, the page and paragraph number for affidavits and pleadings and the page and section number for contracts and similar documents.

Emergency relief

Parties may petition the Texas Business Court for emergency relief. Local Rule 7 sets forth specific rules to govern emergency requests:

• A party must notify the Texas Business Court Clerk prior to or immediately upon filing any request for a temporary restraining order or ex parte relief;
• A party requesting any emergency relief must file a proposed order alongside the application for such relief;
• Upon filing or no later than two hours before requesting a hearing, a party must file a certificate signed by the attorney or party that either:
  • States that the application for emergency relief contains detailed and specific grounds for requesting ex parte relief; or
  • States the date, time and manner of notice to opposing parties. 

Local Rule 7’s “Notice” requirement means that a party must actually deliver to opposing parties, or their counsel if known, both the application and proposed order.

Conclusion

Mastering the Local Rules is essential for litigants aiming to leverage the Texas Business Court’s efficiencies and streamline resolution of their disputes. By understanding the requirements for initial filings, discovery disputes, motion practice and emergency relief, litigants can navigate the complexities of the Texas Business Court with confidence. 

For litigants seeking more insights into the Texas Business Court, be sure to visit Norton Rose Fulbright’s Texas Business Court Insider hub.