§ 151.002.Motion for Referral
Title 7. Alternate Methods of Dispute Resolution · Chapter 151. Trial by Special Judge · Last amended 1987 · Last verified August 29, 2026
Full Text of § 151.002
Plain-English Summary
The motion is the record of what everyone agreed to, and each party files one.
The motion requests the referral, which is how the agreement reaches the court.
It waives the party’s right to trial by jury. A special judge tries the case as a court trying an issue without a jury, so the waiver is a condition of the procedure.
That waiver deserves attention before signing. It is a constitutional right, given up in a filing that also names a judge and a fee.
The motion states the issues to be referred, which fixes the scope of the special judge’s authority.
It states the agreed time and place for trial. The parties choose when and where, subject to Section 151.010’s limits on using public facilities.
It names the special judge, confirms that the judge has agreed to hear the case, and states the fee the parties agreed to pay.
Putting the fee in a public filing is deliberate. The parties are paying the person deciding their case, and the amount is on the record from the start.
Every party files, which is how the court knows the agreement is complete. A single motion joined by silence would not show what this section requires each party to say.
Frequently Asked Questions
Who files the motion?
Each party to the action files one in the court where the case is filed.
What must the motion contain?
The request for referral, a jury waiver, the issues referred, the agreed time and place for trial, and the special judge’s name, agreement to serve and fee.
Does the referral waive a jury trial?
Yes. The motion must waive the party’s right to trial by jury.
Amendment History
- Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.16(a), eff. Sept. 1, 1987.