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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88627
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Referee asked both parties last hearing whether we agree to

Resolved Question:

Referee asked both parties last hearing whether we agree to the case being heard by her instead of a judge. I am pro se. Although I said yes at the time, I thought that she was referring to the family offense petition I had filed. Can I still change my agreement and ask for a judge to hear the case?
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

texlawyer :

Good afternoon. I'll be assisting you with your question.

texlawyer :

Do you know if the referee is appointed to "hear and report" or to "hear and determine?"

texlawyer :

Also, has the judge issued the order to appoint the referee yet?

Customer:

I don't have any knowledge of any judge having been involved with anything in this case that has been ongoing for the past year

Customer:

i believe she said that it was going to be that she would make the decision

Customer:

just like a judge

Customer:

but that we can appeal if we don't like the decision

texlawyer :

I'm going to opt out and allow another expert to assist you.

Customer:

ok

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Once you have made the selection of the referee, in order to withdraw your consent you will have to show good cause. Generally, with a pro se litigant who does not know what is going on, mistake over what they thought the referee would decide would be good cause to file a motion to rescind the consent to the referee. The proof of good cause is the only way they will allow you to withdraw your consent.

The referee usually does end up faster and cheaper, just in case you do not realize. Also, using the referee gives you another opportunity to go to court to appeal instead of having to go to the appeals division if you go through a judge and do not like the judge's ruling.





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Customer: replied 1 year ago.

Are you saying that appealing the decision is easier with a referee? Given that the referee is biased toward the mother and does not like me at all because I keep interrupting, would you recommend to continue with the referee or to go with the judge?

Expert:  Law Educator, Esq. replied 1 year ago.
I am not saying that it is "easier" per se, I am saying it is certainly cheaper to appeal from the referee to the lower court than having to take an appeal to the appeals division as you would if you start out in the family/supreme court civil division without a referee first.

There is no guarantee the judge is going to treat you any differently than the referee is doing now. So if you remove your consent to the referee and then go to the court and the judge treats you the same, then you are faced with the expense of going to the appeals division. However, if you get yourself a copy of the rules of procedure and follow them with the referee you can always go to the supreme/family court and argue the referee's decision without having to go straight to the appeals division.

I cannot tell you what I recommend because I do not know why you are interrupting the referee and if you are correct or if you are not following the rules of civil procedure as I am not able to review the case itself from here.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88627
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 4 other Family Law Specialists are ready to help you

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