Parties
may wish to use a retired or former judge to resolve
their dispute. In
Texas, parties have two choices when using a private
judge. They may choose either (1) to use the court system
procedures and safeguards or (2) to avoid the court
system and have a private judge promptly decide the
case.
Use of Court System. Parties
may have either a jury or a non-jury trial. To
have a jury or non-jury trial in the courthouse, parties
must apply to the court to have the private judge appointed
as a special master. See
Special Master. To have a non-jury
trial outside of the courthouse, parties must apply
to the court to appoint the private judge as a Special
Judge pursuant to Chapter 151, Tex.Civ. Prac. &
Rem. Code. The use of the court system protects
every party's right of appeal in the event the private
judge commits an error while presiding over the case.
Outside
of Court System. Parties will decide
upon the limits of discovery, the formalities of the
proceedings and whether to relax the rules of evidence.
The parties will also agree upon whether the judge's
decision will be final and binding or subject to appeal
under certain circumstances. The private
judge will decide the case in accordance with the substantive
law. As a general rule, there is no right
of appeal.
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Dallas
Court Information
