CHAPTER 151. TRIAL BY SPECIAL JUDGE
CIVIL PRACTICE AND REMEDIES CODE
TITLE 7. ALTERNATE METHODS OF DISPUTE RESOLUTION
CHAPTER 151. TRIAL BY SPECIAL JUDGE
Sec. 151.001. REFERRAL BY AGREEMENT. On agreement of the
parties, in civil or family law matters pending in a district
court, statutory probate court, or statutory county court, the
judge in whose court the case is pending may order referral of
the case as provided by this chapter and shall stay proceedings
in the judge's court pending the outcome of the trial. Any or
all of the issues in the cases, whether an issue of fact or law,
may be referred.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.06(a),
eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch.
49, Sec. 1, eff. September 1, 2005.
Sec. 151.002. MOTION FOR REFERRAL. Each party to the action
must file in the court in which the case is filed a motion that:
(1) requests the referral;
(2) waives the party's right to trial by jury;
(3) states the issues to be referred;
(4) states the time and place agreed on by the parties for the
trial; and
(5) states the name of the special judge, the fact that the
special judge has agreed to hear the case, and the fee the judge
is to receive as agreed on by the parties.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987.
Sec. 151.003. QUALIFICATIONS OF JUDGE. The special judge must
be a retired or former district, statutory county court, or
appellate judge who:
(1) has served as a judge for at least four years in a district,
statutory county court, or appellate court;
(2) has developed substantial experience in his area of
specialty;
(3) has not been removed from office or resigned while under
investigation for discipline or removal; and
(4) annually demonstrates that he has completed in the past
calendar year at least five days of continuing legal education in
courses approved by the state bar or the supreme court.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.06(a),
eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 179, Sec. 2(a),
eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 33, Sec. 1, eff.
April 19, 1991.
Sec. 151.004. REFERRAL ORDER ENTERED. An order of referral must
specify the issue referred and the name of the special judge. An
order of referral may designate the time and place for trial and
the time for filing of the special judge's report. The clerk of
the court shall send a copy of the order to the special judge.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.06(a),
eff. Aug. 28, 1989.
Sec. 151.005. PROCEDURE. Rules and statutes relating to
procedure and evidence in the referring judge's court apply to a
trial under this chapter.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch.
49, Sec. 2, eff. September 1, 2005.
Sec. 151.006. POWERS OF SPECIAL JUDGE. (a) A special judge
shall conduct the trial in the same manner as a court trying an
issue without a jury.
(b) While serving as a special judge, the special judge has the
powers of the referring judge except that the special judge may
not hold a person in contempt of court unless the person is a
witness before the special judge.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.06(a),
eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch.
49, Sec. 3, eff. September 1, 2005.
Sec. 151.007. REPRESENTATION BY ATTORNEY. A party has the right
to be represented by an attorney at the trial held as provided by
this chapter.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987.
Sec. 151.008. COURT REPORTER REQUIRED. To maintain a record of
the proceedings at the hearing, the special judge shall provide a
court reporter who meets the qualifications prescribed by law for
court reporters in the referring judge's court.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.06(a),
eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch.
49, Sec. 4, eff. September 1, 2005.
Sec. 151.009. FEES AND COSTS. (a) The parties, in equal
shares, shall pay:
(1) the special judge's fee; and
(2) all administrative costs, including the court reporter's
fee, related to the trial.
(b) A cost for a witness called by a party or any other cost
related only to a single party's case shall be paid by the party
who incurred the cost.
(c) The state or a unit of local government may not pay any
costs related to a trial under this chapter.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987.
Sec. 151.010. RESTRICTIONS. Unless otherwise ordered by the
referring judge, a trial under this chapter may not be held in a
public courtroom, and a public employee may not be involved in
the trial during regular working hours.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
675, Sec. 1, eff. September 1, 2009.
Sec. 151.011. SPECIAL JUDGE'S VERDICT. The special judge's
verdict must comply with the requirements for a verdict by the
court. The verdict stands as a verdict of the referring judge's
court. Unless otherwise specified in an order of referral, the
special judge shall submit the verdict not later than the 60th
day after the day the trial adjourns.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch.
49, Sec. 5, eff. September 1, 2005.
Sec. 151.012. NEW TRIAL. If the special judge does not submit
the verdict within the time period provided by Section 151.011,
the court may grant a new trial if:
(1) a party files a motion requesting the new trial;
(2) notice is given to all parties stating the time and place
that a hearing will be held on the motion; and
(3) the hearing is held.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987.
Sec. 151.013. RIGHT TO APPEAL. The right to appeal is
preserved. An appeal is from the order of the referring judge's
court as provided by the Texas Rules of Civil Procedure and the
Texas Rules of Appellate Procedure.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept.
1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch.
49, Sec. 6, eff. September 1, 2005.