mc2 Legal, PLLC - real trials. real judges. real appeal.

mc2 LEGAL has provided counsel with a sample of an agreed motion for referral and corresponding order. Click here to download this document.





                CAUSE NO.        

                   § IN THE _____ DISTRICT COURT
                   §
                   §       OF
                   §
                   §      ________ COUNTY, TEXAS


MOTION FOR REFERRAL

TO THE HONORABLE JUDGE OF SAID COURT:

    Comes Now [Name of movant], Movant herein, and, pursuant to Tex.Civ.Prac.&Rem.Code §151.002, requests the Court to refer the instant cause to a Special Judge and as grounds therefor would show the Court as follows:

I.

    Movant hereby waives the right to a trial by jury.

II.

    Movant requests all issues of fact and law, including trial on the merits, from this point forward to be submitted to the Special Judge.

III.

    The trial of this cause shall be commenced at [Location] at [Time] on  [Date].

IV.

    The Special Judge who has agreed to hear the case and is agreed upon by the parties is The Honorable [Name of Special Judge].  The fee for the services of the Special Judge will be $400 per hour, together with the administrative costs associated with the disposition of the case hereunder, as allowed under Tex.Civ.Prac.&Rem.Code §151.009.                      
                  
    The Special Judge appointed hereby is qualified under Tex.Civ.Prac.&Rem.Code §151.003, and is specifically granted all powers under Tex.Civ.Prac.&Rem.Code §§151.001 and 151.006.

V.

    Movant and non-movant agree to the referral of this case to a Special Judge.                           

    WHEREFORE, PREMISES CONSIDERED, Movant requests the Court to refer the instant cause to the Special Judge named herein and to allow the matter to proceed accordingly, and for such other and further relief as may be allowed at law or in equity.


                      Respectfully submitted,



                      [Counsel for Movant]


AGREED TO:



[Counsel for Non-Movant]


*************************ORDER FOR MOTION FOR REFERRAL**************************


                                      

CAUSE NO.        

                   § IN THE _____ DISTRICT COURT
                   §
                   §       OF
                   §
                   §      ________ COUNTY, TEXAS


ORDER GRANTING MOTION FOR REFERRAL

    BE IT REMEMBERED that on this ___ day of ___________, 2009, came on to be heard the Agreed Motion of the parties hereto, and the Court, having reviewed the pleadings and all evidence in the file, finds that it is appropriate to refer the instant cause to a Special Judge as requested, that the Special Judge who has agreed to hear the case is qualified under Tex.Civ.Prac.&Rem.Code §151.003, and that the Motion should be granted in all respects.

    It is therefore Ordered that The Honorable Name of Special Judge is hereby appointed Special Judge, pursuant to Chapter 151, Tex.Civ.Prac.&Rem.Code with all powers granted therein, to hear all issues of fact and law, including pretrial and discovery motions and trial on the merits, but specifically reserving to the referring Court all issues of contempt, from the date of this Order forward; and

    It is further Ordered that the trial of this cause shall be commenced at Location at Time on  Date and that the verdict therein shall be rendered by the Special Judge not later than sixty days after the adjournment of the trial; and

    It is further Ordered that the fee for the services of the Special Judge shall be $400 per hour, together with the administrative costs associated with the disposition of the case hereunder, as allowed under Tex.Civ.Prac.&Rem.Code §151.009; and

    It is further Ordered that all proceedings in this Court are stayed pending the outcome of the trial of this cause by the Special Judge.

    SIGNED this ____ day of ___________, 2009.


                   JUDGE PRESIDING

Powered by Vistaprint. Website Hosting for Small Businesses.