§ 151.005.Procedure

One sentence, and it decides what kind of proceeding this is.

The referring court’s procedure and evidence rules apply. A trial before a special judge is a trial, not an arbitration.

The rules of evidence apply in full. Hearsay objections, privileges and expert standards work as they would in the courthouse.

The distinction from arbitration is the point of the chapter. Parties choosing this route want the protections of a trial with the scheduling and expertise of a private proceeding.

The right of appeal follows from the same choice, and Section 151.013 preserves it.

The rules come from the referring court, so a family case referred by a district court is tried under the rules that court would apply.

Section 151.008 supports this by requiring a court reporter, which is what makes a record possible for appeal.

Discovery disputes and privileges follow the same rules too. The chapter borrows the referring court’s procedure wholesale rather than listing what applies.

The choice explains the cost. A trial run under the full rules of evidence takes preparation, and the parties pay for the judge and the reporter under Section 151.009.

It also explains the appeal. A record made under the ordinary rules is a record an appellate court can review in the ordinary way.