Private trials allow the attorney and their clients to control the schedule. (Consult
CPRC Ch. 151)
TITLE 7. ALTERNATE METHODS OF DISPUTE RESOLUTION
CHAPTER 151. TRIAL BY SPECIAL JUDGE
civil or family law matters, the judge in whose court the case is filed may order
referral of the case as provided by this chapter and shall stay proceedings in his
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.
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 district court apply to a trial under this chapter.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
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 judge has the powers of a district court
judge except that he may not hold a person in contempt of court unless the person
is a witness before him.
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. 151.007. 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 district court reporters.
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. 151.009. 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. 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.
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 district 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.
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 district court as provided by the Texas Rules of Civil
Procedure.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.
