Rules? Rules? We Don’t Need No Stinkin’ Rules!

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.” Ok, maybe this is an exaggeration but not by much. The Alternative 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.[1]  It consists of merely 13 sections… read more →