Motion for Additional Resources in Texas

Background

In determining whether a case requires additional judicial resources, the trial court, presiding judge of the administrative judicial region in which the case is filed, and JCAR may consider:

Whether a case involves or is likely to involve:

1. a large number of parties who are separately represented by counsel;
2. coordination with related actions pending in one or more courts in other counties of this state or in one or more United States district courts;
3. numerous pre-trial motions that present difficult or novel legal issues that will be time consuming to resolve;
4. a large number of witnesses or substantial documentary evidence;
5. substantial post-judgment supervision;
6. a trial that will last more than four weeks; or
7. a substantial additional burden on the trial court's docket and the resources available to the trial court to hear the case.

(Tex. R. Jud. Admin. 16.4.)

How to Structure the Motion

Tex. R. Jud. Admin. 16.6 governs the procedure for a motion for additional resources. Rule 16.6(a) states that a party in a case may move for the case to be designated as a case requiring additional resources. (Id.)

The motion must be in writing and must state:

1. how the case involves or is likely to involve considerations that justify additional judicial resources;
2. what additional judicial resources will promote the just and efficient conduct of the case;
3. the time by which the additional resources are needed; and
4. whether all parties in the case agree to the motion.

(Tex. R. Jud. Admin. 16.6(a).)

“The trial court, upon motion complying with subparagraph (a), or on its own initiative, must determine whether a case will require additional resources.” (Tex. R. Jud. Admin. 16.6(b).)

Response

If the trial court determines that a case requires additional resources under this rule it must:

1. prepare a written request that states the nature of the case, the requested resources, and why the resources are needed;
2. submit the request to the presiding judge of the administrative region in which the case is filed; and
3. forward a copy of the request to the JCAR Clerk at the mailing address or email address listed on the “Contact Information” page of OCA's website.

(Tex. R. Jud. Admin. 16.6(c).)