SECTION 167.203. Order of Referral to Special Judge

(a) Upon receiving the report of an unsuccessful mediation, the Chief Judge shall enter an order of referral of the matter to a special judge.

(b) The order of referral shall:

(1) name the special judge on whom the parties agreed, or if the parties did not agree on a judge, appoint a special judge;

(2) state the issues to be referred;

(3) set out the time and place on which the parties agree for the trial;

(4) require each party to pay the party's proportionate share of the special judge's fee; and

(5) certify that the parties have waived the right to trial by jury. If either party fails or declines to provide a written waiver within seven days after the Chief Judge or the Chief Judge's designee requests them to do so, the referral shall not be made.

Source Note: The provisions of this §167.203 adopted to be effective September 28, 2010, 35 TexReg 8721