AI-assisted research summary: In counties with two or more district courts, district judges may transfer and hear cases, exchange benches, and take related judicial actions, but one transfer needs the receiving judge’s consent.
Sec. 24.003. TRANSFER OF CASES; EXCHANGE OF BENCHES. (a) This section applies only to counties with two or more district courts. (b) Unless provided otherwise by the local rules of administration, a district judge in the county may: (1) except as provided by Subsection (b-1), transfer any civil or criminal case or proceeding on the court's docket, other than a case governed by Chapter 155, Family Code, to the docket of another district court in the county; (2) hear and determine any case or proceeding pending in another district court in the county without having the case transferred; (3) sit for another district court in the county and hear and determine any case or proceeding pending in that court; (4) temporarily exchange benches with the judge of another district court in the county; (5) try different cases in the same court at the same time; and (6) occupy the judge's own courtroom or the courtroom of another district court in the county. (b-1) Notwithstanding the local rules of administration, a district judge may not transfer any civil or criminal case or proceeding to the docket of another district court without the consent of the judge of the court to which it is transferred. (c) If a district judge in the county is sick or otherwise absent, another district judge in the county may hold court for the judge. (d) A district judge in the county may hear and determine any part or question of any case or proceeding pending in any of the district courts, and any other district judge may complete the hearing and render judgment in the case or proceeding. A district judge may hear and determine motions, including motions for new trial, petitions for injunction, applications for the appointment of a receiver, interventions, pleas in abatement, dilatory pleas, and all preliminary matters, questions, and proceedings, and may enter judgment or order on them in the court in which the case or proceeding is pending without transferring the case or proceeding. The district judge in whose court the matter is pending may proceed to hear, complete, and determine the matter, or all or any part of another matter, and render a final judgment. A district judge may issue a restraining order or injunction that is returnable to any other district court. (e) A judgment or order shall be entered in the minutes of the court in which the case is pending. (f) This section does not limit the powers of a district judge when acting for another judge by exchange of benches or otherwise. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 90, Sec. 1, eff. Aug. 30, 1993. Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 3.02, eff. January 1, 2012. Acts 2013, 83rd Leg., R.S., Ch. 962 (H.B. 1875), Sec. 1, eff. September 1, 2013.