Law:Title 7. Alternate Methods Of Dispute Resolution (Texas)

From Law Delta

Jump to: navigation, search


Contents

Chapter 151. Trial By Special Judge

Section 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.



Section  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.



Section  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.



Section  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.



Section 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.



Section  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.



Section  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.



Section 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.



Section  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.



Section 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.



Section 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.



Section  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.



Section 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.

Chapter 152. Alternative Dispute Resolution System Established By Counties

Section  152.001.  Definition.

In this chapter, "alternative dispute resolution system" means an informal forum in which mediation, conciliation, or arbitration is used to resolve disputes among individuals, including those having an ongoing relationship such as relatives, neighbors, landlords and tenants, employees and employers, and merchants and consumers.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.



Section  152.002.  Establishment.

(a) The commissioners court of a county by order may establish an alternative dispute resolution system for the peaceable and expeditious resolution of citizen disputes.

(b)  The commissioners court may do all necessary acts to make the alternative dispute resolution system effective, including:

(1)  contracting with a private nonprofit corporation, a political subdivision, a public corporation, or a combination of these entities for the purpose of administering the system;

(2)  making reasonable rules relating to the system; and

(3)  vesting management of the system in a committee selected by the county bar association.

(c)  The actions of a committee authorized by Subsection (b)(3) are subject to the approval of the commissioners court.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.



Section  152.003.  Referral Of Cases.

A judge of a district court, county court, statutory county court, probate court, or justice of the peace court in a county in which an alternative dispute resolution system has been established may, on motion of a party or on the judge's or justice's own motion, refer a case to the system. Referral under this section does not prejudice the case.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 509, Sec. 1, eff. Sept. 1, 1999.



Section  152.004.  Financing.

(a) To establish and maintain an alternative dispute resolution system, the commissioners court may set a court cost in an amount not to exceed $15 to be taxed, collected, and paid as other court costs in each civil case filed in a county or district court in the county, including a civil case relating to probate matters but not including:

(1)  a suit for delinquent taxes;

(2)  a condemnation proceeding under Chapter 21, Property Code; or

(3)  a proceeding under Subtitle C, Title 7, Health and Safety Code.

(b)  The county is not liable for the payment of a court cost under this section.

(c)  The clerks of the courts in the county shall collect and pay the costs to the county treasurer or, if the county does not have a treasurer, to the county officer who performs the functions of the treasurer, who shall deposit the costs in a separate fund known as the alternative dispute resolution system fund. The fund shall be administered by the commissioners court and may only be used to establish and maintain the system. The system shall be operated at one or more convenient and accessible places in the county.

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. 4.07(a), eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 509, Sec. 2, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 1192, Sec. 1, eff. September 1, 2005.



Section 152.005.  Additional Fee For Justice Courts.

(a) To establish and maintain an alternative dispute resolution system, the commissioners court may, in addition to the court cost authorized under Section 152.004, set a court cost in an amount not to exceed $5 for civil cases filed in a justice court located in the county, but not including:

(1)  a suit for delinquent taxes; or

(2)  an eviction proceeding, including a forcible detainer, a forcible entry and detainer, or a writ of re-entry.

(b)  A clerk of the court shall collect and pay the court cost in the manner prescribed by Section 152.004(c).

Added by Acts 1999, 76th Leg., ch. 509, Sec. 3, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 1192, Sec. 2, eff. September 1, 2005.



Section 152.006.  Fee For Alternative Dispute Resolution Centers.

An entity described by Section 152.002(b)(1) that provides services for the resolution of disputes in a county with a population of 250,000 or more but less than 290,000 may collect a reasonable fee in any amount set by the commissioners court from a person who receives the services.  This section may not be construed to affect the collection of a fee by any other entity described by Section 152.002(b)(1).

Added by Acts 2005, 79th Leg., Ch. 1192, Sec. 3, eff. September 1, 2005.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox