Private Trials

Private Trials for Texas Divorce and Custody Cases

What is a Private Trial in a Divorce or Custody Case?

In a private trial, a private judge in family law cases is typically a former family law judge or family law attorney who is hired to hear cases and reach binding legal decisions. A private judge will preside over every aspect of the case, from discovery to testimony. At the conclusion, the judge renders a binding decision that becomes enforceable once confirmed by the court. Private judges are usually retired district judges who have served on the bench at least four years and have all of the same powers as a district judge in Texas, such as ruling on motions, issuing temporary orders, issuing temporary injunctions and holding bench trials. Unlike with the public court system, those seeking a private judge are able to select who hears their case.

Judgments rendered in a private trial have the same force and effect as judgments in public court trials. Trials can proceed without unwanted interruptions and delays of the public court system, because the schedule of all parties can be easily accommodated by the private judge.

Why Choose a Private Judge?

There are many benefits to using a private judge in a family law matter such as divorce or child custody case. Among the benefits include:

• Choosing Your Judge: The parties have the chance to make sure they have a judge they know and trust to rule fairly.
• Scheduling on Your Terms: The parties are not at the mercy of the court’s schedule so they can pick a date and time that is least intrusive in their lives.
• Privacy: Private judges are not allowed to hear cases in the courthouse, so the hearing takes place in more private locations – this may be more comfortable for the sensitive topics that often come up in family law matters.
• Saving Time: Parties can ensure that the case heard faster than if they waited for the district court, usually within one month – this is especially important for family law issues so that people can resolve matters and move on with their lives.

Private Trial vs. Public Trial: What to Consider

There are many reasons a private trial may work for you, but one aspect of hiring private judges that makes arbitration a difficult or unrealistic avenue for some people is cost. By going outside the public court system, individuals may rack up thousands of dollars paying a private judge.

Another potential downfall of family law arbitration is the appeals process. Unlike the public court system, which has fixed guidelines on how to appeal a decision, it is more difficult to appeal the ruling of a private judge. To determine if a private judge is the right choice for your circumstances, schedule a consultation with one of our partners today.

FAQs

• Is a private trial legally binding in Texas?
  • Yes, a private judge’s decision becomes a binding, enforceable judgment once it is confirmed by the court, with the same effect as a ruling from a public trial. 

• How much does a private judge cost in Texas?
  • Private judges charge for their time, which typically makes a private trial more expensive than a public court trial. Cost varies based on the complexity of the case. 

• How long does a private trial take compared to a public trial?
  • Because scheduling isn’t tied to a court’s schedule and backlog, private trials can typically be completed much faster than waiting for a public court date. 

• Can you appeal a private judge’s decision?
  • Yes, but the appeals process for a private judge’s ruling is less clearly defined than the process for appealing a public court judgment, which might be an important factor to discuss with your attorney before choosing a private trial for your case.

To find out whether a private trial is the right choice for your Texas divorce or custody case, schedule a consultation to speak with one of our Board Certified partners.