Tex. Fam. Code Section 201.015
De Novo Hearing Before Referring Court


(a)

A party may request a de novo hearing before the referring court by filing with the clerk of the referring court a written request not later than the third working day after the date the party receives notice of:

(1)

the substance of the associate judge’s report as provided by Section 201.011 (Report); or

(2)

the rendering of the temporary order, if the request concerns a temporary order rendered by an associate judge under Section 201.007 (Powers of Associate Judge)(a)(14)(C).

(b)

A request for a de novo hearing under this section must specify the issues that will be presented to the referring court.

(c)

In the de novo hearing before the referring court, the parties may present witnesses on the issues specified in the request for hearing. The referring court may also consider the record from the hearing before the associate judge, including the charge to and verdict returned by a jury.

(d)

Notice of a request for a de novo hearing before the referring court shall be given to the opposing attorney under Rule 21a, Texas Rules of Civil Procedure.

(e)

If a request for a de novo hearing before the referring court is filed by a party, any other party may file a request for a de novo hearing before the referring court not later than the third working day after the date the initial request was filed.

(f)

The referring court, after notice to the parties, shall hold a de novo hearing not later than the 30th day after the date on which the initial request for a de novo hearing was filed with the clerk of the referring court.

(g)

Before the start of a hearing by an associate judge, the parties may waive the right of a de novo hearing before the referring court in writing or on the record.

(h)

The denial of relief to a party after a de novo hearing under this section or a party’s waiver of the right to a de novo hearing before the referring court does not affect the right of a party to file a motion for new trial, motion for judgment notwithstanding the verdict, or other post-trial motion.

(i)

A party may not demand a second jury in a de novo hearing before the referring court if the associate judge’s proposed order or judgment resulted from a jury trial.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1302, Sec. 10, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1043 (H.B. 1995), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1235 (H.B. 2501), Sec. 7, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 25, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 916 (H.B. 1366), Sec. 5, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 589 (H.B. 4086), Sec. 1, eff. June 16, 2015.

Source: Section 201.015 — De Novo Hearing Before Referring Court, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­201.­htm#201.­015 (accessed Dec. 2, 2023).

201.001
Appointment
201.002
Qualifications
201.003
Compensation
201.004
Termination of Associate Judge
201.005
Cases that May Be Referred
201.006
Order of Referral
201.007
Powers of Associate Judge
201.008
Attendance of Bailiff
201.009
Court Reporter
201.010
Witness
201.011
Report
201.012
Notice of Right to De Novo Hearing Before Referring Court
201.013
Order of Court
201.014
Judicial Action on Associate Judge’s Proposed Order or Judgment
201.015
De Novo Hearing Before Referring Court
201.016
Appellate Review
201.017
Immunity
201.018
Visiting Associate Judge
201.101
Authority of Presiding Judge
201.102
Application of Law Governing Associate Judges
201.103
Designation of Host County
201.104
Powers of Associate Judge
201.105
Compensation of Associate Judge
201.106
Child Support Court Monitor and Other Personnel
201.107
State and Federal Funds
201.110
Time for Disposition of Title Iv-d Cases
201.111
Time to Act on Associate Judge’s Proposed Order or Judgment that Includes Recommended Finding of Contempt
201.112
Limitation on Law Practice by Certain Associate Judges
201.113
Visiting Associate Judge
201.201
Authority of Presiding Judge
201.202
Application of Law Governing Associate Judges
201.203
Designation of Host County
201.204
General Powers of Associate Judge
201.205
Compensation of Associate Judge
201.206
Personnel
201.207
State and Federal Funds
201.208
Assignment of Judges and Visiting Associate Judges
201.209
Limitation on Law Practice by Associate Judge
201.301
Applicability
201.302
Appointment
201.303
Qualifications
201.304
Compensation
201.305
Termination
201.306
Cases that May Be Referred
201.307
Methods of Referral
201.308
Powers of Associate Judge
201.309
Referees
201.310
Attendance of Bailiff
201.311
Witness
201.312
Court Reporter
201.313
Report
201.314
Notice of Right to De Novo Hearing
201.315
Order of Court
201.316
Judicial Action on Associate Judge’s Proposed Order or Judgment
201.317
De Novo Hearing
201.318
Appellate Review
201.319
Judicial Immunity
201.320
Visiting Associate Judge
201.1021
Qualifications
201.1041
Judicial Action on Associate Judge’s Proposed Order or Judgment
201.1042
De Novo Hearing Before Referring Court
201.1045
Proceedings and Judicial Actions by Remote Communication
201.1065
Duties of Child Support Court Monitor
201.1066
Supervision of Associate Judges
201.2021
Qualifications
201.2041
Judicial Action on Associate Judge’s Proposed Order or Judgment
201.2042
De Novo Hearing Before Referring Court
201.2061
Supervision of Associate Judges

Accessed:
Dec. 2, 2023

§ 201.015’s source at texas​.gov