In Texas, when a court ruling comes from an associate judge or certain types of specialized courts, you may have the right to ask for a de novo hearing—a complete rehearing of the matter before the elected judge. The process involves reviewing the substance of the associate judge’s report, including the associate judge’s findings and proposed order, which are subject to further review by the district court judge.

At Barina Law Group in Temple, we routinely protect clients by ensuring they understand this critical right.

“De novo” means “from the beginning” in Latin. It’s a second chance. If your case was heard by:

  • An associate judge (common in family law and criminal arraignments)
  • A child protection court judge (CPS removals and placements)
  • A IV-D court judge (child support and paternity cases)

…you may request a de novo hearing. This means the elected judge in the referring court will re-hear the matter without being bound by the associate judge’s ruling. The subject of the de novo hearing is the associate judge’s proposed order, and the hearing may affect the outcome of the suit. The new court (the district court judge) will hear the case afresh, and judicial resources are allocated to ensure fairness in the process.

A de novo hearing is not merely a review of the associate judge’s findings or conclusions; rather, it is a completely new hearing where the district court judge evaluates the evidence and arguments afresh. The process includes consideration of the record from the initial hearing, including any verdict returned by a jury in a jury trial, but the district court judge is not bound by it.

However, if the initial judgment resulted from a jury trial, parties cannot demand a second jury for the de novo hearing. The de novo hearing is a new trial, and the scope may be limited to specified issues identified in the written request.

The filing of a motion for a de novo hearing must occur within a certain number of working days—such as the third working day—after the party receives notice of the associate judge’s report or proposed order. Failure to file within the required date results in the judgment becoming final, though other posttrial motions, such as motions for judgment notwithstanding the verdict, may still be available.

The de novo hearing may affect the outcome of the suit, and the subject of the hearing is the associate judge’s proposed order.

In practice, this means that during a de novo hearing, the parties may present witnesses, submit new evidence, and make legal arguments as if the original hearing had not occurred. The district court judge is not required to give any deference to the associate judge’s prior rulings or findings and will make an independent determination based on the totality of evidence presented.

The hearing may be limited to specified issues raised in the motion, and a court reporter may be present to document the proceedings. In some cases, such as arbitration or divorce, a party may request a trial de novo. A party’s waiver of the right to a de novo hearing must be explicit, and both parties—including the other party—must be served notice.

This fresh look helps to ensure that errors or misunderstandings in the initial hearing can be corrected, and that justice is served fairly. Parties should consult a lawyer for advice and may wish to schedule a consultation to discuss their options. Denial of relief at a de novo hearing does not preclude further appeals or motions.

Introduction to De Novo Hearings

A de novo hearing is a vital part of the Texas family law process, giving parties the right to a new hearing before a district court judge if they disagree with an associate judge’s ruling. Governed by the Texas Family Code, a de novo hearing allows either party to appeal and have the case reviewed from the ground up.

Unlike a simple review of the associate judge’s findings or conclusions, a de novo hearing means the district court judge will hear the evidence, consider legal arguments, and make a new ruling without being bound by the previous decision.

This process is designed to ensure fairness in family law proceedings. If you believe the initial ruling was incorrect or that important evidence was overlooked, requesting a de novo hearing gives you the opportunity to present your case again.

The district court judge will conduct a thorough review, considering all evidence and legal issues as if the original hearing had not taken place. This fresh start is a crucial safeguard, allowing parties to challenge rulings and seek a just outcome under Texas law.

The Role of the Associate Judge

In Texas family law courts, the associate judge plays a key role in managing cases efficiently and supporting the district court judge. Associate judges are often tasked with hearing preliminary matters, issuing temporary orders, and making rulings on specific issues assigned by the district court judge. After a hearing, the associate judge prepares a report that includes their findings, conclusions, and recommendations, which is then presented to the district court judge for review.

If a party disagrees with the associate judge’s ruling, they have the right to request a de novo hearing. This means the district court judge will review the case anew, considering the evidence and arguments without being bound by the associate judge’s conclusions.

The associate judge’s work is essential for keeping the court’s docket moving and providing timely assistance in family law matters, but the de novo process ensures that every party has access to a fair and accurate review of their case. This balance between efficiency and fairness is a cornerstone of the Texas family law system.

What Is the Timeline?

The clock starts immediately after the associate judge makes a ruling—either in court or through a signed order.

  • You typically have until the third working day after the party receives notice of the associate judge’s report or decision to file a written Request for De Novo Hearing. The filing date is critical, and the demand for a de novo hearing must be made by motion within this required timeframe.
  • The request (motion) must clearly identify what ruling you are challenging.
  • You must serve all parties and file it in the same court where the case is pending.

The filing must occur within a certain number of working days from the date the party receives notice, whether that notice is given in open court, by mail, or by facsimile.

Miss the deadline, and the associate judge’s ruling becomes final and enforceable.

It is crucial to adhere strictly to this timeline because the Texas Family Code and Texas Rules of Civil Procedure set firm deadlines to maintain the orderly progression of cases.

The request for a de novo hearing must be filed with the clerk of the referring court, and notice must be given to the opposing attorney in the manner provided by the civil procedure rules. Failure to comply with these procedural requirements, including timely filing of your motion or demand, can result in losing the right to a new hearing.

When Should You Request a De Novo?

You may want to request a de novo hearing if:

  • You believe the associate judge misunderstood the facts or law.
  • New evidence has come to light.
  • You need a second chance to be heard on a contested issue (custody, support, protective order, etc.).
  • You were unrepresented or improperly heard in the first proceeding.
  • The request for a de novo hearing must identify the specified issues to be reviewed, and notice must be given to the other party involved in the suit.

At Barina Law Group, we review rulings promptly and file de novo requests when it’s in your best interest. We ensure it’s done correctly, timely, and with supporting documents.

Before proceeding, it is important to consult a lawyer and schedule a consultation to discuss whether a de novo hearing is appropriate for your suit and to ensure all procedural requirements are met.

Final Thoughts

A de novo hearing is a powerful tool—but it’s time-sensitive and technical. Don’t wait.

Serving Bell County and surrounding areas, we help clients challenge improper rulings in associate, CPS, and IV-D courts.

👉 Have a recent ruling you’re unsure about? Start here: www.bobbybarinalaw.com