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An objection to an assigned judge may be waived if a party proceeds to trial without first presenting its objection to the judge. Click here for the full text of this decision FACTS:In the underlying proceeding, on Sept. 22, the relator filed an objection under Government Code �74.053 to the judge assigned to his case, Judge P. K. Reiter. At a Sept. 29 hearing related to discovery, after arguments on the discovery matter were heard, the relator drew Judge Reiter’s attention to the objection. The judge, who had been unaware of the objection, denied them as being untimely. The relator filed a petition for mandamus claiming that Judge Reiter should not hear the case because his objection was timely filed and immediately effective. He further asserts that, because the objection was timely, any subsequent orders entered by Judge Reiter are void. HOLDING:Writ denied. Under legislation made effective as of Sept. 1, under Government Code �74.053, an objection is timely if filed “not later than the seventh day after the date the party receives actual notice of the assignment or before the date the first hearing or trial, including pretrial hearings, commences, whichever date occurs earlier.” The court holds: “Relator’s objection was filed with the district clerk in a timely fashion, and, if the judge had been aware of the objection, he could not have presided over the hearing. Once relator appeared at the hearing and found that Judge Reiter was presiding, relator should have advised the judge of the objection immediately after the case was called for hearing. By failing to do so, and by allowing Judge Reiter to hear argument on real party’s motion to compel, we find that relator waived his objection.” OPINION:Per curiam.

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