Local Rules of Business Court Revised

The Business Court recently revised its local rules to include several new subjects.

Remote Proceedings (BCLR 8(d))

No party or attorney is required to appear in a remote proceeding in which oral testimony is heard, but a party or attorney shall be deemed to agree to remote attendance at a court proceeding under Texas Government Code § 25A.017(e) and Texas Rule of Civil Procedure 358 unless that party or attorney files an objection to the remote proceeding within three business days of the filing containing the notice or order of the setting.

Amicus Briefs (BCLR 8(e))

Leave Required. A party seeking to file an amicus brief must file a motion for

leave to file that complies with Local Rule 5 and is accompanied by the proposed brief.

Contents of an Amicus Brief. An amicus brief must avoid the repetition of

facts or legal arguments contained in the principal briefs and must focus on

points either not made or not adequately discussed in those briefs. The brief

must comply with Local Rule 5 and specifically set forth, under separate

headings: (1) the identity and interest of the amicus curiae in the outcome of the

litigation; (2) the source of any fee paid or to be paid for preparing the brief; and

(3) disclose whether any party’s counsel authored the brief in substantial part.

Additionally, the Court has made revisions to the process for sealing records. See BCLR 8(b).

The revised Local Rules are available here:

local-rules-of-the-business-court-of-texas-effective-12526.pdf

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