Trial by Special Judge

A Special Judge must be a retired or former district, statutory county court, or appellate judge who:

• has served as a judge for at least four years in one of those courts
• has substantial experience in their area of specialization
• has not been removed from office or resigned while under investigation for discipline
• has completed continuing legal education as required by the State Bar or Supreme Court

Under Chapter 151 of the Texas Civil Practices and Remedies Code, parties can agree to have their pending lawsuit in state court tried by a former judge who qualifies under the statute for such assignment. The case is referred to that judge for trial and the referring district court is no longer involved except to sign the judgment ultimately rendered by the Special Judge. Each party retains the right to appeal the judgment directly to the courts of appeals.

Faster, more flexible scheduling and shorter time requirements:

• Schedule a mutually convenient date for your trial and avoid crowded court dockets, multiple docket calls or standby status.
• Prepare for trial only once, knowing that your case will be heard at the date and time scheduled.
• Expedite proceedings through the use of stipulations, summaries and limitation of witnesses.
• Ensure that all pleadings, stipulations and exhibits have been thoroughly reviewed in advance of trial.
• Present evidence before a judge who is prepared and conversant with your case.

Fewer fees and lower overall expenditures

• No filing fees for Special Judge beyond usual filing fees. Some arbitration proceedings carry significant filing and administrative fees. Employing a panel of arbitrators is significantly more expensive than one Special Judge.
• The cost of Special Judge is split evenly between all parties (with the exception of witness called only by one party).
• Uncertainty over when a case will be tried leads to increased costs. The certainty of a trial setting may well offset the per diem expenses associated with the fees of the Special Judge.

Substantially reduced risk

• Why waive your right to appeal? There is no appeal from the arbitration decision and it cannot be set aside absent unusual circumstances. Unlike decisions rendered in arbitration, trial by Special Judge preserves the same right to appeal as a jury trial.
• Arbitration is typically more informal and unpredictable.
• Lawyers can usually pick preferred dates, which are unlikely to be delayed.
• An impending trial date is by far the most influential factor in reaching a settlement.
• A known quantity. Unlike most arbitrators, former or retired judges have a body of rulings from their career on the bench. You’re able to select a judge who has the unique background and experience best suited to hear your case.
• This form of dispute resolution is uniquely advantageous in complicated commercial cases as an experienced Special Judge can provide a well-reasoned disposition of the issues and correctly apply the law relevant to your dispute.

In order to have your case heard by a Special Judge, all parties must jointly file a motion with the court in which the case was filed:

• requesting the referral,
• waiving their right to trial by jury,
• stating the issues,
• stating the time and place agreed upon,
• stating the name of the Special Judge, the judge’s agreement and the judge’s fee.