Sec. 201.009. COURT REPORTER; RECORD. (a) A court reporter may be provided during a hearing held by an associate judge appointed under this chapter. A court reporter is required to be provided when the associate judge presides over a jury trial or a contested final termination hearing.
(b) A party, the associate judge, or the referring court may provide for a reporter during the hearing, if one is not otherwise provided.
(c) Except as provided by Subsection (a), in the absence of a court reporter or on agreement of the parties, the record may be preserved by any means approved by the associate judge.
(d) The referring court or associate judge may tax the expense of preserving the record under Subsection (c) as costs.
(e) On a request for a de novo hearing, the referring court may consider testimony or other evidence in the record in addition to witnesses or other matters presented under Section 201.015.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1302, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 839 (H.B. 930), Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 839 (H.B. 930), Sec. 3, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1235 (H.B. 2501), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 24, eff. June 19, 2009.
Notes of Decisions
Cited in
14
cases (
4 in the last 5 years), 2001–2026 · leading case:
In the Interest of B.R.G., 48 S.W.3d 812 (Tex. App.—El Paso 2001).
In the Interest of B.R.G., 48 S.W.3d 812 (Tex. App.—El Paso 2001).
“4 Under *817 Tex. Fam.Code Ann. § 201.009, however, a court reporter is only required to be provided when the associate judge presides over a jury trial or a final termination hearing.”
in the Interest of P. L. a Minor Child, No. 07-05-00226-CV (Tex. App.—Amarillo Jan. 25, 2006).
· cites it 3× “A court reporter is not required in a hearing before an associate judge in a suit affecting the parent/child relationship unless the judge presides over a jury trial or a final termination hearing.”
In re BRG, 48 S.W.3d 812 (Tex. App.—El Paso 2001).
“[4] Under *817 Tex. Fam.Code Ann. § 201.009, however, a court reporter is only required to be provided when the associate judge presides over a jury trial or a final termination hearing.”
Argelio R. Villarreal Saldana v. Victoria Lynn Villarreal, 607 S.W.3d 448 (Tex. App.—Houston [1st Dist.] 2020).
“See TEX. FAM. CODE § 201.009(c). On October 29, 2019, we withdrew our October 22, 2019 abatement order, reinstated the appeal, and struck the audio CD-ROM for failing to comply with the appellate rules.”
in the Interest of J.L., E.M., & D.M., Jr., Child., No. 02-20-00114-CV (Tex. App.—Fort Worth Sept. 3, 2020).
“Tex. Fam. Code Ann. § 201.009 (a), (c). The associate judge was thus required to provide a court reporter to make a record of the proceedings but failed to do so.”
in the Interest of J.L., E.M., & D.M., Child., No. 02-21-00131-CV (Tex. App.—Fort Worth Oct. 7, 2021).
“) (relying on Tex. Fam. Code Ann. § 201.009 (a)). 2 new trial which urged the trial court to expressly consider the Holley factors in its determination of the children’s best interests.”
In re Anthony Sheridan, No. 03-14-00589-CV (Tex. App.—Austin Nov. 14, 2014).
“25, 2006) (mem. op.). Section 201.009 further provides that in the absence of a court reporter, the record may be preserved by any means approved by the associate judge.”
Tex. Fam. Code § 201.009(a): 2 cases
Tex. Fam. Code § 201.009(c): 2 cases
Argelio R. Villarreal Saldana v. Victoria Lynn Villarreal, 607 S.W.3d 448 (Tex. App.—Houston [1st Dist.] 2020).
“See TEX. FAM. CODE § 201.009(c). On October 29, 2019, we withdrew our October 22, 2019 abatement order, reinstated the appeal, and struck the audio CD-ROM for failing to comply with the appellate rules.”
In re Anthony Sheridan, No. 03-14-00589-CV (Tex. App.—Austin Nov. 14, 2014).
“25, 2006) (mem. op.). Section 201.009 further provides that in the absence of a court reporter, the record may be preserved by any means approved by the associate judge.”
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