Rule 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.