Tex. Gov't Code Section 54A.115
De Novo Hearing


(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 seventh working day after the date the party receives notice of the substance of the associate judge’s decision as provided by Section 54A.111 (Notice of Decision; Appeal).

(b)

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

(c)

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

(d)

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 seventh working day after the date the initial request was filed.

(e)

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

(f)

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, if the record was taken by a court reporter.

(g)

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, a motion for judgment notwithstanding the verdict, or other posttrial motions.

(h)

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 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.01, eff. January 1, 2012.

Source: Section 54A.115 — De Novo Hearing, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­54A.­htm#54A.­115 (accessed Mar. 23, 2024).

54A.001
Applicability
54A.002
Appointment
54A.003
Qualifications
54A.004
Compensation
54A.005
Termination
54A.006
Proceedings that May Be Referred
54A.007
Order of Referral
54A.008
Powers
54A.009
Attendance of Bailiff
54A.010
Court Reporter
54A.011
Witness
54A.012
Papers Transmitted to Judge
54A.013
Judicial Action
54A.014
Judicial Immunity
54A.101
Applicability
54A.102
Appointment
54A.103
Qualifications
54A.104
Compensation
54A.105
Termination
54A.106
Cases that May Be Referred
54A.107
Methods of Referral
54A.108
Powers
54A.109
Witness
54A.110
Court Reporter
54A.111
Notice of Decision
54A.112
Notice of Right to De Novo Hearing
54A.113
Order of Court
54A.114
Judicial Action on Associate Judge’s Proposed Order or Judgment
54A.115
De Novo Hearing
54A.116
Appellate Review
54A.117
Judicial Action
54A.118
Judicial Immunity
54A.201
Definition
54A.202
Applicability
54A.203
Appointment
54A.204
Qualifications
54A.205
Compensation
54A.206
Termination of Associate Judge
54A.207
Cases that May Be Referred
54A.208
Methods of Referral
54A.209
Powers of Associate Judge
54A.210
Witness
54A.211
Court Reporter
54A.212
Report
54A.213
Notice of Right to De Novo Hearing Before Referring Court
54A.214
Order of Court
54A.215
Judicial Action on Associate Judge’s Proposed Order or Judgment
54A.216
De Novo Hearing Before Referring Court
54A.217
Appellate Review
54A.218
Immunity
54A.219
Visiting Associate Judges
54A.301
Definitions
54A.302
Applicability
54A.303
Applicability of Other Law
54A.304
Appointment
54A.305
Qualifications
54A.306
Term of Appointment
54A.307
Compensation of Associate Judge
54A.308
Designation and Responsibilities of Host County
54A.309
Methods of Referral
54A.310
General Powers of Associate Judge
54A.311
Judicial Action on Associate Judge’s Proposed Order or Judgment
54A.312
Personnel
54A.313
Supervision, Training, and Evaluation of Associate Judges
54A.314
Funding and Personnel
54A.315
Assignment of Judges and Appointment of Visiting Associate Judges
54A.316
Limitation on Law Practice
54A.317
Immunity
54A.2071
Oath
54A.2091
Attendance of Bailiff

Accessed:
Mar. 23, 2024

§ 54A.115’s source at texas​.gov