Texas Civil Practice and Remedies Code
§ 154.028 — MEDIATION FOLLOWING APPLICATION FOR EXPEDITED FORECLOSURE
CP § 154.028Title 7. ALTERNATE METHODS OF DISPUTE RESOLUTION · Ch. 154. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES · Art. B. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES
Statute text
View on source(a)A citation for expedited foreclosure may be served in the manner provided by Rule 106 or 736, Texas Rules of Civil Procedure. Following the filing of a response to an application for an expedited foreclosure proceeding under Rule 736.5, Texas Rules of Civil Procedure, a court may, in the court's discretion, conduct a hearing to determine whether to order mediation. A court may not order mediation without conducting a hearing. The petitioner or respondent may request a hearing to determine whether mediation is necessary or whether an application is defective.
(b)A hearing under Subsection (a) may not be conducted before the expiration of the respondent's deadline to file a response.
(c)Subject to Subsection (d), a hearing under Subsection (a) may be conducted by telephone.
(d)Not later than the 10th day before the date of a hearing under Subsection (a), the court shall send notice of the hearing to the parties concerning whether the hearing will be conducted by telephone and, if applicable, instructions for contacting the court and attending the hearing by telephone.
(e)At a hearing under Subsection (a), the court must consider any objections to the referral of the case to mediation.
(f)If the court orders the case to mediation, the mediation must be conducted before the expiration of any deadline imposed by Rule 736, Texas Rules of Civil Procedure.
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Legislative history
Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 12.10(20), eff. December 4, 2025.