PLAINTIFF’S COUNSEL: “We offer these 5 affidavits of witnesses whose testimony
contained therein support all of the allegations in our complaint.”
ARBITRATOR: “Any response from Defendants?”
DEFENDANT’S COUNSEL: “We object, the affidavits are hearsay.”
ARBITRATOR: “What is Plaintiff’s response to the objection?”
PLAINTIFF’S COUNSEL: “This is an arbitration proceeding.”
ARBITRATOR: “Objection overruled. The affidavits are admitted for all purposes.”
Chapter 151 of the Texas Civil Practices and Remedies Code, (CPRC Sec. 151.001 et seq.), entitled “Trial By Special Judge”, was passed in 1987 and provided a protocol for private trials of civil or family matters pending in a district court, statutory probate court, or statutory county court.