Rule 13.3 - Procedure for Requesting Transfer(a)Motion for Transfer; Who May File; Contents. A party in a case may move for transfer of the case and related cases to a pretrial court. The motion must be in writing and must:(1) state the common question or questions of fact involved in the cases;(2) contain a clear and concise explanation of the reasons that transfer would be for the convenience of the parties and witnesses and would promote the just and efficient conduct of the cases;(3) state whether all parties in those cases for which transfer is sought agree to the motion; and(4) contain an appendix that lists:(A) the cause number, style, and trial court of the related cases for which transfer is sought; and(B) all parties in those cases and the names, addresses, telephone numbers, fax numbers, and email addresses of all counsel.(b)Request for Transfer by Judges. A trial court or a presiding judge of an administrative judicial region may request a transfer of related cases to a pretrial court. The request must be in writing and must list the cases to be transferred.(c)Transfer on the MDL Panel's Own Initiative. The MDL Panel may, on its own initiative, issue an order to show cause why related cases should not be transferred to a pretrial court.(d)Response; Reply; Who May File; When to File. Any party in a related case may file: (1) a response to a motion or request for transfer within twenty days after service of such motion or request;(2) a response to an order to show cause issued under subparagraph (c) within the time provided in the order; and(3) a reply to a response within ten days after service of such response.(e)Form of Motion, Response, Reply, and Other Documents. A motion for transfer, response, reply, or other document addressed to the MDL Panel must conform to the requirements of Rule 9.4 of the Texas Rules of Appellate Procedure. Without leave of the MDL Panel, the following must not exceed 20 pages: the portions of a motion to transfer required by subparagraphs (a)(1)-(2); a response; and a reply. The MDL Panel may request additional briefing from any party.(f)Filing. A motion, request, response, reply, or other document addressed to the MDL Panel must be filed with the MDL Panel Clerk. The MDL Panel Clerk may require that all documents also be transmitted to the clerk electronically. In addition, a party must send a copy of the motion, response, reply, or other document to each member of the MDL Panel.(g)Filing Fees. The MDL Panel Clerk may set reasonable fees approved by the Supreme Court of Texas for filing and other services provided by the clerk.(h)Service. A party must serve a motion, response, reply, or other document on all parties in related cases in which transfer is sought. The MDL Panel Clerk may designate a party or parties to serve a request for transfer on all other parties. Service is governed by Rule 9.5 of the Texas Rules of Appellate Procedure.(i)Notice to Trial Court. A party must file in the trial court a notice -- in the form prescribed by the MDL Panel -- that a motion for transfer has been filed. The MDL Panel Clerk must cause such notice to be filed when a request for transfer by a judge has been filed.(j)Evidence. The MDL Panel will accept as true facts stated in a motion, response, or reply unless another party contradicts them. A party may file evidence with the MDL Panel Clerk only with leave of the MDL Panel. The MDL Panel may order parties to submit evidence by affidavit or deposition and to file documents, discovery, or stipulations from related cases.(k)Hearing. The MDL Panel may decide any matter on written submission or after an oral hearing before one or more of its members at a time and place of its choosing. Notice of the date of submission or the time and place of oral hearing must be given to all parties in all related cases.(l)Decision.The MDL Panel may order transfer if three members concur in a written order finding that related cases involve one or more common questions of fact, and that transfer to a specified district court will be for the convenience of the parties and witnesses and will promote the just and efficient conduct of the related cases.(m)Orders Signed by Chair or Clerk; Members Identified. Every order of the MDL Panel must be signed by either the chair or by the MDL Panel Clerk, and must identify the members of the MDL Panel who concurred in the ruling.(n)Notice of Actions by MDL Panel. The MDL Panel Clerk must give notice to all parties in all related cases of all actions of the MDL Panel, including orders to show cause, settings of submissions and oral arguments, and decisions. The MDL Panel Clerk may direct a party or parties to give such notice. The clerk may determine the manner in which notice is to be given, including that notice should be given only by email or fax.(o)Retransfer. On its own initiative, on a party's motion, or at the request of the pretrial court, the MDL Panel may order cases transferred from one pretrial court to another pretrial court when the pretrial judge has died, resigned, been replaced at an election, requested retransfer, recused, or been disqualified, or in other circumstances when retransfer will promote the just and efficient conduct of the cases.