⧠ Notice of right to de novo hearing was given to all parties by:

• Oral statement in open court;

• Posting in or outside courtroom of referring court; or

• As directed by referring court. Tex. Fam. Code § 201.012

⧠ Notice of substance of associate judge's report, including proposed order, was provided:

• In open court, by an oral statement or a copy of the associate judge's written report, including any proposed order;

• By certified mail, return receipt requested; or

• By facsimile transmission. Tex. Fam. Code § 201.011(c).

⧠ Associate judge signed and dated report, including any proposed order, and all other papers related to the case sent to the referring court. Tex. Fam. Code § 201.011(e).

Party filed request with referring court and clerk of referring court not later than 3^rd working day after receiving notice of:

• The substance of the associate judge's report as provided by Tex. Fam. Code § 201.011; or
• The rendering of the temporary order, if the request concerns a temporary order rendered by the associate judge under Tex. Fam. Code § 201.007(a)(14)(C). Tex. Fam. Code § 201.015(a).

De novo request specifies issues to be presented. Tex. Fam. Code § 201.015(b).

If additional request for de novo hearing was filed by any other party, it was filed not later than the 3^rd working day after date the initial request was filed. Tex. Fam. Code § 201.015(e).

If the de novo request follows a jury trial, party requesting de novo may not demand a second jury in a de novo hearing before the referring court if the associate judge's proposed order or judgment resulted from a jury trial. Tex. Fam. Code § 201.015(i).

⧠ Referring court, after notice to parties, shall hold de novo hearing not later than the 30^th day after the date upon which the initial request for a de novo hearing was filed with the clerk of the referring court. Tex. Fam. Code § 201.015(f).

⧠ During the de novo hearing before the referring court:

• The parties may present witnesses on the issues specified in the request for the de novo hearing;

• The referring court may consider the record from the hearing before the associate judge, including the charge to and verdict returned by a jury. Tex. Fam. Code § 201.015(c).

Best Practices for Referring Courts:

⧠ Determine whether delay of de novo hearing impacts permanency of children the subject of the lawsuit.

⧠ If unable to hear within 30 days, consider requesting a visiting judge to preside over the de novo hearing.

⧠ Determine whether attorney files de novo request concurrently with motion to withdraw.

Best Practices for Associate Judges:

⧠ Follow up with referring court to determine if de novo hearing held.

⧠ Inquire about status of de novo hearing at every statutorily mandated hearing pursuant to Tex. Fam. Code Chapter 263.