Texas Family Code - Section 201.015. Appeal To Referring Court

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 201.015. Appeal To Referring Court

§ 201.015. APPEAL TO REFERRING COURT.  (a) A party may 
appeal an associate judge's report by filing notice of appeal not 
later than the third day after the date the party receives notice of 
the substance of the associate judge's report as provided by 
Section 201.011.
	(b)  An appeal to the referring court must be in writing 
specifying the findings and conclusions of the associate judge to 
which the party objects.  The appeal is limited to the specified 
findings and conclusions.
	(c)  On appeal to the referring court, the parties may 
present witnesses as in a hearing de novo on the issues raised in 
the appeal.  The 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.
	(d)  Notice of an appeal to the referring court shall be 
given to the opposing attorney under Rule 21a, Texas Rules of Civil 
Procedure.
	(e)  If an appeal to the referring court is filed by a party, 
any other party may file an appeal to the referring court not later 
than the seventh day after the date the initial appeal was filed.
	(f)  The referring court, after notice to the parties, shall 
hold a hearing on all appeals not later than the 30th day after the 
date on which the initial appeal was filed with the referring court.
	(g)  Before the start of a hearing by an associate judge, the 
parties may waive the right of appeal to the referring court in 
writing or on the record.
	(h)  Denial of an appeal under this section or waiver of the 
right to appeal to 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 on appeal of an 
associate judge's report, including any proposed order, resulting 
from a jury trial.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1999, 76th Leg., ch. 1302, § 10, eff. Sept. 1, 
1999.

Last modified: August 10, 2007