A de novo hearing is a legal process in Texas that allows a party to request a new hearing before the main judge after an associate judge has made a ruling. According to Texas Family Code § 201.015, a request for a de novo hearing must be filed within three working days of receiving notice of the associate judge’s decision. This hearing offers the opportunity to present evidence and arguments anew, as if the original hearing had not occurred.
During the de novo hearing, the parties can present witnesses, and the referring court may also consider the record from the hearing before the associate judge. Importantly, the referring court is not limited to the transcript of the prior hearing and must allow the parties to fully present their case again.
Requesting a de novo hearing can be a critical step if you believe the associate judge’s ruling was incorrect or unfair. It’s a powerful tool to ensure that your case receives a full and fair hearing. However, it must be done quickly and correctly, so working with an attorney familiar with this process is essential.