Texas business courts were created by Chapter 25A of the Texas Government Code and opened for business on Sept. 1. These courts provide specialized venues for complex or large dollar business disputes. Any case filed after Sept. 1 can be removed to or filed in these courts if it meets certain criteria. Strategically planning for using these courts will pay dividends for savvy litigants.

Business courts give qualified litigants the ability to avoid pretrial proceedings in unfavorable venues. Whether filed initially in a business court or removed to it, pretrial proceedings will be held where the business courts sit—initially Austin, Dallas, Fort Worth, Houston, and San Antonio. The removal process is analogous to removal to federal courts. The cases will be remanded to standard courts for trial. If the case was removed, it will be remanded back to the original trial court for trial. Where the case was originally filed in the business court the plaintiff can chose any venue that is a proper county for trial. In addition, the parties and the business court judge may agree to hold the jury trial in any other county. It is not yet clear whether the trial court judge or the business court judge will preside at trial.