Sec. 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; or
(2) the rendering of the temporary order, if the request concerns a temporary order rendered by an associate judge under Section 201.007(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.
Notes of Decisions
Cited in
221
cases (
53 in the last 5 years), 1996–2026 · leading case:
In the Interest of R.S.-T., 522 S.W.3d 92 (Tex. App.—San Antonio 2017).
In the Interest of R.S.-T., 522 S.W.3d 92 (Tex. App.—San Antonio 2017).
· cites it 4× “Tex. Fam. Code Ann. § 201.015 (c) (West Supp.”
Robles v. Robles, 965 S.W.2d 605 (Tex. App.—Houston [1st Dist.] 1998).
· cites it 4× “Laws 113, 282 (current version at TEX.FAM.CODE ANN. § 201.015 (Vernon 1996)).”
Chacon v. Chacon, 222 S.W.3d 909 (Tex. App.—El Paso 2007).
· cites it 4× “On March 16, 2005, Sergio filed an appeal from the associate judge’s order, pursuant to Texas Family Code section 201.015. He challenged the associate judge’s recommendations as to: (1) the division of community property; (2) the division of community liabilities; and (3) the…”
In re R. R., 537 S.W.3d 621 (Tex. App.—Austin 2017).
· cites it 3× “52; see also Tex. Fam. Code §§ 201.015, .2042. Having reviewed the petition, the record, and the response provided by the real party in interest, the Texas Department of Family and Protective Services, we conditionally grant the petition for writ of mandamus.”
In re Lausch, 177 S.W.3d 144 (Tex. App.—Houston [1st Dist.] 2005).
· cites it 3× “At the beginning of the hearing, a discussion of *149 the notice of appeal occurred when Angie’s attorney moved to dismiss the appeal on the ground that relator had not complied with Texas Family Code section 201.015 in that he had not set out the particular findings and…”
in the Interest of A.M., a Child, 418 S.W.3d 830 (Tex. App.—Dallas 2013).
· cites it 2× “See Tex. Fam.Code Ann. § 201.015(a) (party must request de novo review within seven days of associate judge’s recommendation).”
In re Lee, 411 S.W.3d 445 (Tex. 2013).
“” Tex. Fam.Code § 201.015(a). In addition, the referring court “may also consider the record from the hearing before the associate judge.”
Herzfeld v. Herzfeld, 285 S.W.3d 122 (Tex. App.—Dallas 2009).
· cites it 2× “See Tex. Fam.Code Ann. § 201.015 (Vernon 2008).”
Peacock v. Humble, 933 S.W.2d 341 (Tex. App.—Austin 1996).
· cites it 5× “See Tex. Fam.Code Ann. § 201.015 (West 1996).”
Garza v. Texas Dep't of Fam. & Prot. Servs., 212 S.W.3d 373 (Tex. App.—Austin 2006).
· cites it 2× “We also note that the legislature sought to expedite trials de novo in referring courts by imposing a 3-day deadline for parties to take such appeals, Tex. Fam. Code Ann. § 201.015 (a) (deadline of three days after receiving notice of the substance of the associate judge's…”
Tex. Fam. Code § 201.015(a): 46 cases
Robles v. Robles, 965 S.W.2d 605 (Tex. App.—Houston [1st Dist.] 1998).
“Laws 113, 282 (current version at TEX.FAM.CODE ANN. § 201.015 (Vernon 1996)).”
In re Lee, 411 S.W.3d 445 (Tex. 2013).
“” Tex. Fam.Code § 201.015(a). In addition, the referring court “may also consider the record from the hearing before the associate judge.”
In re Lausch, 177 S.W.3d 144 (Tex. App.—Houston [1st Dist.] 2005).
“At the beginning of the hearing, a discussion of *149 the notice of appeal occurred when Angie’s attorney moved to dismiss the appeal on the ground that relator had not complied with Texas Family Code section 201.015 in that he had not set out the particular findings and…”
in the Interest of A.M., a Child, 418 S.W.3d 830 (Tex. App.—Dallas 2013).
“See Tex. Fam.Code Ann. § 201.015(a) (party must request de novo review within seven days of associate judge’s recommendation).”
Tex. Fam. Code § 201.015(a)(1): 5 cases
Tex. Fam. Code § 201.015(a)(b): 1 case
Tex. Fam. Code § 201.015(b): 11 cases
Chacon v. Chacon, 222 S.W.3d 909 (Tex. App.—El Paso 2007).
“On March 16, 2005, Sergio filed an appeal from the associate judge’s order, pursuant to Texas Family Code section 201.015. He challenged the associate judge’s recommendations as to: (1) the division of community property; (2) the division of community liabilities; and (3) the…”
In re L.R., 324 S.W.3d 885 (Tex. App.—Austin 2010).
Tex. Fam. Code § 201.015(c): 22 cases
Chacon v. Chacon, 222 S.W.3d 909 (Tex. App.—El Paso 2007).
“On March 16, 2005, Sergio filed an appeal from the associate judge’s order, pursuant to Texas Family Code section 201.015. He challenged the associate judge’s recommendations as to: (1) the division of community property; (2) the division of community liabilities; and (3) the…”
In re R. R., 537 S.W.3d 621 (Tex. App.—Austin 2017).
“52; see also Tex. Fam. Code §§ 201.015, .2042. Having reviewed the petition, the record, and the response provided by the real party in interest, the Texas Department of Family and Protective Services, we conditionally grant the petition for writ of mandamus.”
Tex. Fam. Code § 201.015(d): 1 case
Tex. Fam. Code § 201.015(f): 30 cases
In re Smith, 260 S.W.3d 568 (Tex. App.—Houston [14th Dist.] 2008).
in the Interest of A.M., a Child, 418 S.W.3d 830 (Tex. App.—Dallas 2013).
“See Tex. Fam.Code Ann. § 201.015(a) (party must request de novo review within seven days of associate judge’s recommendation).”
Tex. Fam. Code § 201.015(g): 5 cases
Tex. Fam. Code § 201.015(h): 1 case
Tex. Fam. Code § 201.015(i): 1 case
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