Tex. R. Jud. Admin. 11

11.1 Applicability. This rule applies to any case filed before September 1, 2003, that

involves material questions of fact and law in common with another case pending in

another court in another county on or after October 1, 1997.

11.2 Definitions.

(a) Presiding judge means the presiding judge of an administrative judicial region

in which a case is pending;

(b) Regular judge means the regular judge of a court in which a case is pending.

(c) Pretrial judge means a judge assigned under this rule.

(d) Related means that cases involve common material issues of fact and law.

11.3 Assignment of Pretrial Judge.

(a) By presiding judge. On motion or request under 11.4, a presiding judge may

assign an active district judge, including himself or herself, to a case to conduct all

pretrial proceedings and decide all pretrial matters.

(b) Authority of pretrial judge. The pretrial judge will preside over all pretrial

proceedings in the case in place of the regular judge. The pretrial judge will decide all

pretrial motions, including motions to transfer venue and motions for summary judgment.

The pretrial judge and the regular judge must consult on setting a trial date.

(c) Different judges assigned. The same pretrial judge need not be assigned in all

related cases. If more than one pretrial judge is assigned in related cases, either in the

same region or in different regions, the pretrial judges must consult with each other in

conducting pretrial proceedings and deciding pretrial matters.

(d) Assignment outside region. The Chief Justice of the Supreme Court may

assign an active district judge to other administrative regions to allow the judge to be

assigned as a pretrial judge under this rule.

(e) No objections to pretrial judge. An assignment under this rule is not made

pursuant to section 74.054 of the Government Code, and therefore a pretrial judge is not

subject to an objection under section 74.053 of the Government Code.

(f) Termination of assignment. An assignment under this rule terminates when:

(i) all pretrial proceedings in a case have been completed;

(ii) the pretrial judge ceases to be an active district judge; or

(iii) the presiding judge in the exercise of discretion terminates the

assignment.

11.4 Procedure for Obtaining Assignment of a Pretrial Judge.

(a) Motion or request required; who may file. A pretrial judge may be assigned

only on the motion of a party to a case or at the request of the regular judge.

(b) Contents of motion or request. The motion or request must state:

(1) the number and style of the case;

(2) the number and style of the related case, and the court and county in

which it is pending;

(3) the material questions of fact and law common to the cases;

(4) the reasons why the assignment would promote the just and efficient

conduct of the action; and

(5) whether all parties agree to the motion.

(c) Where filed. The motion or request must be filed in all cases identified under

(b)(1) and (b)(2).

(d) Response. A response may be filed by:

(1) any other party to the case;

(2) the regular judge of the court in which the case is pending;

(3) the regular judge of the court in which the related case is pending, if no

pretrial judge has already been assigned in that case;

(4) the pretrial judge assigned to the related case, if a pretrial judge has

already been assigned; and

(5) any party to the related case.

(e) Briefs. A motion, request, or response may be accompanied by a brief. The

presiding judge may request briefs.

(f) Hearing. Unless all parties in the case agree to a motion or request, the

presiding judge may not grant the motion without conducting an oral hearing. The

hearing may be held in any county within the region or in Travis County. The presiding

judge must give notice of the time and place for the hearing to all parties and the regular

or pretrial judges in the cases identified in (b)(1) and (b)(2).

(g) Evidence. In ruling on the motion or request, the presiding judge may consider

all documents filed in the case or the related case, all discovery conducted in the case or

the related case, any stipulations filed by the parties in the case or the related case,

affidavits filed in connection with the motion, request, or response, and oral testimony.

(h) Decision. The presiding judge must grant the motion or request if the judge

determines that:

(1) the case involves material questions of fact and law common to a case

in another court and county; and

(2) assignment of a pretrial judge would promote the just and efficient

conduct of the cases.

Otherwise, the presiding judge must deny the motion or request.

(i) Order. The presiding judge must issue an order deciding the motion or request.

The order must be filed in the case in which assignment of a pretrial judge was sought.

(j) Service and notice. A party must serve any paper filed under this rule on all

parties to the cases identified under (b)(1) and (b)(2) and on the presiding judge or judges

for those cases. If a judge files any paper under this rule, the clerk of the court in which

the paper is filed must send a copy to all parties to the cases identified under (b)(1) and

(b)(2) and to the presiding judge or judges for those cases. The clerk of the court where a

case is pending in which assignment of a pretrial judge is sought shall serve as the clerk

for the presiding judge under this rule.

11.5 Review. A presiding judge's order granting or denying a motion or request for

appointment of a pretrial judge may be reviewed only by the Supreme Court in an

original mandamus proceeding.

11.6 Expenses of Pretrial Judge. If a pretrial judge travels outside the judge's county of

residence to conduct proceedings, the county in which the proceedings are conducted

must pay--on certification by the presiding judge of the administrative judicial region in

which the other county is located--the pretrial judge's actual travel expenses and actual

living expenses incurred for conducting the proceedings.

11.7 Relationship to Rule 13.

(a) Generally. This rule is to be construed and applied so as to facilitate the

implementation of Rule 13 to the greatest extent possible.

(b) Application of Rule 13 by Agreement of the Parties. Parties may agree to the

application of Rule 13. Such an agreement must be in writing and must be joined by all

parties to the case. An agreement is effective and irrevocable when it is filed with the

trial court if:

(1) no pretrial judge has been appointed in the case, or

(2) a pretrial judge has been appointed in the case, and the parties in all

related cases to which the same pretrial judge has been assigned have likewise

agreed to the application of Rule 13.

(c) Assignment of Pretrial Judges After September 1, 2003. An assignment of a

pretrial judge to any case after September 1, 2003, must be made in consultation with the

Chair of the Multidistrict Litigation Panel.

(d) Consultation of Pretrial Judges. In conducting pretrial proceedings and

deciding pretrial matters, a pretrial judge assigned under this rule must consult with the

judge of a pretrial court to which related cases have been transferred under Rule 13.