Appellate 05 annot

SECTION ONE: GENERAL

PROVISIONS 5

RULE 1. SCOPE OF RULES; LOCAL

RULES OF COURTS OF APPEALS 5

ule 1.1. Scope 5

ule 1.2. Local Rules 5

RULE 2. SUSPENSION OF RULES 5

RULE 3. DEFINITIONS; UNIFORM

TERMINOLOGY 5

ule 3.1. Definitions 5

Rule 3.2. Uniform Terminology in Criminal

ases 5

RULE 4. TIME AND NOTICE

PROVISIONS 5

ule 4.1. Computing Time 5

Rule 4.2. No Notice of Trial Court’s Judgment in

Civil Case 5

ule 4.3. Periods Affected by Modified Judgment in

Civil Case 5

ule 4.4. Periods Affected When Process Served by

Publication 6

Rule 4.5. No Notice of Judgment or Order of

Appellate Court; Effect on Time to File Certain

Documents 6

Rule 4.6. No Notice of Trial Court’s Appealable

Order on a Motion for Forensic DNA Testing 6

RULE 5. FEES IN CIVIL CASES 7

RULE 6. REPRESENTATION BY

COUNSEL 7

Rule 6.1. Lead Counsel 7

Rule 6.2. Appearance of Other Attorneys 7

Rule 6.3. To Whom Communications Sent 7

Rule 6.4. Nonrepresentation Notice 7

Rule 6.5. Withdrawal 7

Rule 6.6. Agreements of Parties or Counsel 7

RULE 7. SUBSTITUTING PARTIES 7

Rule 7.1. Parties Who Are Not Public Officers 7

Rule 7.2. Public Officers 8

RULE 8. BANKRUPTCY IN CIVIL

CASES 8

Rule 8.1. Notice of Bankruptcy 8

Rule 8.2. Effect of Bankruptcy 8

Rule 8.3. Motion to Reinstate or Sever Appeal

Suspended by Bankruptcy 8

RULE 9. DOCUMENTS

GENERALLY 8

Rule 9.1. Signing 8

Rule 9.2. Filing 8

Rule 9.3. Number of Copies 9

Rule 9.4. Form 9

Rule 9.5. Service 10

Rule 9.6. Communications with the Court 10

Rule 9.7. Adoption by Reference 10

ule 9.8. Protection of Minor’s Identity in Parental-

ights Termination Cases and Juvenile Court

Cases 11

ule 9.9. Privacy Protection for Documents Filed in

Civil Cases 11

ule 9.10. Privacy Protection for Documents Filed in

riminal Cases 11

RULE 10. MOTIONS IN THE

APPELLATE COURTS 12

ule 10.1. Contents of Motions; Response 12

Rule 10.2. Evidence on Motions 12

ule 10.3. Determining Motions 12

Rule 10.4. Power of Panel or Single Justice or Judge

o Entertain Motions 12

ule 10.5. Particular Motions 12

RULE 11. AMICUS CURIAE

BRIEFS 13

RULE 12. DUTIES OF APPELLATE

CLERK 13

ule 12.1. Docketing the Case 13

Rule 12.2. Docket Numbers 13

ule 12.3. Custody of Papers 13

ule 12.4. Withdrawing Papers 13

Rule 12.5. Clerk’s Duty to Account 13

Rule 12.6. Notices of Court’s Judgments

and Orders 13

RULE 13. COURT REPORTERS AND

COURT RECORDERS 13

Rule 13.1. Duties of Court Reporters

and Recorders 13

Rule 13.2. Additional Duties of Court Recorder 13

Rule 13.3. Priorities of Reporters 14

Rule 13.4. Report of Reporters 14

Rule 13.5. Appointing Deputy Reporter 14

Rule 13.6. Filing of Notes in a Criminal Case 14

RULE 14. RECORDING AND

BROADCASTING COURT

PROCEEDINGS 14

Rule 14.1. Recording and Broadcasting

Permitted 14

Rule 14.2. Procedure 14

Rule 14.3. Equipment and Personnel 14

Rule 14.4. Enforcement 14

RULE 15. ISSUANCE OF WRIT OR

PROCESS BY APPELLATE COURT 14

Rule 15.1. In General 14

Rule 15.2. Appearance Without Service; Actual

Knowledge 14

RULE 16. DISQUALIFICATION

OR RECUSAL OF APPELLATE

JUDGES 15

Rule 16.1. Grounds for Disqualification 15

Rule 16.2. Grounds for Recusal 15

Rule 16.3. Procedure for Recusal 15

RULE 17. COURT OF APPEALS

UNABLE TO TAKE IMMEDIATE

ACTION 15

ule 17.1. Inability to Act 15

Rule 17.2. Nearest Available Court of Appeals 15

ule 17.3. Further Proceedings 15

RULE 18. MANDATE 15

ule 18.1. Issuance 15

Rule 18.2. Stay of Mandate 15

ule 18.3. Trial Court Case Number 15

ule 18.4. Filing of Mandate 15

Rule 18.5. Costs 15

ule 18.6. Mandate in Accelerated Appeals 15

Rule 18.7. Recall of Mandate 16

RULE 19. PLENARY POWER OF THE

COURTS OF APPEALS AND

EXPIRATION OF TERM 16

Rule 19.1. Plenary Power of Courts of Appeals 16

ule 19.2. Plenary Power Continues After Petition

iled 16

Rule 19.3. Proceedings After Plenary Power

xpires 16

Rule 19.4. Expiration of Term 16

RULE 20. WHEN PARTY IS

INDIGENT 16

Rule 20.1. Civil Cases 16

Rule 20.2. Criminal Cases 16

SECTION TWO: APPEALS

FROM TRIAL COURT JUDG-

MENTS AND ORDERS 17

RULE 21. NEW TRIALS IN CRIMINAL

CASES 17

Rule 21.1. Definitions 17

Rule 21.2. When Motion for New Trial

Required 17

Rule 21.3. Grounds 17

Rule 21.4. Time to File and Amend Motion 17

Rule 21.5. State May Controvert; Effect 17

Rule 21.6. Time to Present 17

Rule 21.7. Types of Evidence Allowed

at Hearing 18

Rule 21.8. Court’s Ruling 18

Rule 21.9. Granting a New Trial 18

RULE 22. ARREST OF JUDGMENT IN

CRIMINAL CASES 18

Rule 22.1. Definition 18

Rule 22.2. Grounds 18

Rule 22.3. Time to File Motion 18

Rule 22.4. Court’s Ruling 18

Rule 22.5. Effect of Denying 18

Rule 22.6. Effect of Granting 18

RU L E S O F A P P E L L AT E P R O C E D U R E 1

Texas Rules of Appellate Procedure

PUBLISHED BY THE TEXAS DISTRICT & COUNTY ATTORNEYS ASSOCIATION

Editor: Diane Burch Beckham

ing photocopying, recording, taping, or information and retrieval systems—without prior written permission of the publisher.

TDCAA: 505 W. 12th St., Suite 100, Austin, TX 78701 • 512/474-2436

RULE 23. NUNC PRO TUNC

PROCEEDINGS IN CRIMINAL

CASES 19

ule 23.1. Judgment and Sentence 19

ule 23.2. Credit on Sentence 19

RULE 24. SUSPENSION OF

ENFORCEMENT OF JUDGMENT

PENDING APPEAL IN CIVIL

ASES 19

ule 24.1. Suspension of Enforcement 19

Rule 24.2. Amount of Bond, Deposit

r Security 19

Rule 24.3. Continuing Trial Court Jurisdiction;

Duties of Judgment Debtor 20

ule 24.4. Appellate Review 20

RULE 25. PERFECTING APPEAL 21

ule 25.1. Civil Cases 21

Rule 25.2. Criminal Cases 21

RULE 26. TIME TO PERFECT

APPEAL 22

Rule 26.1. Civil Cases 22

ule 26.2. Criminal Cases 22

Rule 26.3. Extension of Time 22

RULE 27. PREMATURE FILINGS 22

Rule 27.1. Prematurely Filed Notice of Appeal 22

Rule 27.2. Other Premature Actions 22

Rule 27.3. If Appealed Order Modified or

Vacated 22

RULE 28. ACCELERATED, AGREED,

AND PERMISSIVE APPEALS IN CIVIL

CASES 23

Rule 28.1. Accelerated Appeals 23

Rule 28.2. Agreed Interlocutory Appeals in Civil

Cases 23

Rule 28.3. Permissive Appeals in Civil Cases 23

Rule 28.4. Accelerated Appeals in Parental

Termination and Child Protection Cases 24

RULE 29. ORDERS PENDING

INTERLOCUTORY APPEAL IN CIVIL

CASES 24

Rule 29.1. Effect of Appeal 24

Rule 29.2. Security 24

Rule 29.3. Temporary Orders of Appellate

Court 24

Rule 29.4. Enforcement of Temporary Orders 24

Rule 29.5. Further Proceedings in Trial Court 24

Rule 29.6. Review of Further Orders 24

RULE 30. RESTRICTED APPEAL TO

COURT OF APPEALS IN CIVIL

CASES 25

RULE 31. APPEALS IN HABEAS

CORPUS, BAIL, AND EXTRADITION

PROCEEDINGS IN CRIMINAL

CASES 25

Rule 31.1. Filing the Record and Briefs 25

Rule 31.2. Submission; Hearing 25

Rule 31.3. Orders on Appeal 25

Rule 31.4. Stay of Mandate 25

Rule 31.5. Judgment Conclusive 26

Rule 31.6. Defendant Detained by Other Than

Officer 26

Rule 31.7. Judgment to be Certified 26

RULE 32. DOCKETING

STATEMENT 26

Rule 32.1. Civil Cases 26

Rule 32.2. Criminal Cases 26

Rule 32.3. Supplemental Statements 27

ule 32.4. Purpose of Statement 27

RULE 33. PRESERVATION OF

APPELLATE COMPLAINTS 27

ule 33.1. Preservation; How Shown 27

Rule 33.2. Formal Bills of Exception 27

RULE 34. APPELLATE RECORD 27

Rule 34.1 Contents 27

ule 34.2. Agreed Record 27

ule 34.3. Agreed Statement of the Case 28

Rule 34.4. Form 28

ule 34.5. Clerk’s Record 28

Rule 34.6. Reporter’s Record 28

RULE 35. TIME TO FILE RECORD;

RESPONSIBILITY FOR FILING

RECORD 30

Rule 35.1. Civil Cases 30

ule 35.2. Criminal Cases 30

Rule 35.3. Responsibility for Filing Record 30

RULE 36. AGENCY RECORD IN

ADMINISTRATIVE APPEALS 30

Rule 36.1. Scope 30

ule 36.2. Inclusion in Appellate Record 30

ule 36.3. Correcting the Record 30

RULE 37. DUTIES OF THE

APPELLATE CLERK ON RECEIVING

THE NOTICE OF APPEAL AND

RECORD 30

Rule 37.1. On Receiving the Notice of Appeal 30

Rule 37.2. On Receiving the Record 30

Rule 37.3. If No Record Filed 31

RULE 38. REQUISITES

OF BRIEFS 31

Rule 38.1. Appellant’s Brief 31

Rule 38.2. Appellee’s Brief 31

Rule 38.3. Reply Brief 32

Rule 38.5. Appendix for Cases Recorded

Electronically 32

Rule 38.6. Time to File Briefs 32

Rule 38.7. Amendment or Supplementation 32

Rule 38.8. Failure of Appellant to File Brief 33

Rule 38.9. Briefing Rules to be Construed

Liberally 33

RULE 39. ORAL ARGUMENT;

DECISION WITHOUT

ARGUMENT 33

Rule 39.1. Right to Oral Argument 33

Rule 39.2. Purpose of Argument 33

Rule 39.3. Time Allowed 33

Rule 39.4. Number of Counsel 33

Rule 39.5. Argument by Amicus 33

Rule 39.6. When Only One Party Files a Brief 33

Rule 39.7. Request and Waiver 33

Rule 39.8. Clerk’s Notice 33

RULE 40. ORDER OF DECISION 34

Rule 40.1. Civil Cases 34

Rule 40.2. Criminal Cases 34

RULE 41. PANEL AND EN BANC

DECISION 34

Rule 41.1. Decision by Panel 34

Rule 41.2. Decision by En Banc Court 34

Rule 41.3. Precedent in Transferred Cases 34

RULE 42. DISMISSAL 34

Rule 42.1. Voluntary Dismissal and Settlement in

Civil Cases 34

Rule 42.2. Voluntary Dismissal in Criminal

Cases 34

Rule 42.3. Involuntary Dismissal in Civil Cases 35

ule 42.4. Involuntary Dismissal in Criminal

ases 35

RULE 43. JUDGMENT OF THE

COURT OF APPEALS 35

Rule 43.1. Time 35

ule 43.2. Types of Judgment 35

ule 43.3. Rendition Appropriate Unless Remand

Necessary 35

ule 43.4. Judgment for Costs in Civil Cases 35

Rule 43.5. Judgment Against Sureties in Civil

ases 35

ule 43.6. Other Orders 35

RULE 44. REVERSIBLE ERROR 35

Rule 44.1. Reversible Error in Civil Cases 35

Rule 44.2. Reversible Error in Criminal Cases 35

ule 44.3. Defects in Procedure 36

Rule 44.4. Remediable Error of the Trial Court 36

RULE 45. DAMAGES FOR FRIVOLOUS

APPEALS IN CIVIL CASES 36

RULE 46. REMITTITUR IN CIVIL

CASES 36

Rule 46.1. Remittitur after Appeal Perfected 36

Rule 46.2. Appeal on Remittitur 36

ule 46.3. Suggestion of Remittitur by Court of

Appeals 36

Rule 46.4. Refusal to Remit Must Not Be Mentioned

in Later Trial 36

Rule 46.5. Voluntary Remittitur 36

RULE 47. OPINIONS, PUBLICATION,

AND CITATION 36

Rule 47.1. Written Opinion 36

Rule 47.2. Designation and Signing of Opinions;

Participating Justices 36

Rule 47.3. Distribution of Opinions 37

Rule 47.4. Memorandum Opinions 37

Rule 47.5. Concurring and Dissenting Opinions 37

Rule 47.6. Change in Designation by En Banc

Court 37

Rule 47.7. Citation of Unpublished Opinions 37

RULE 48. COPY OF OPINION AND

JUDGMENT TO INTERESTED

PARTIES AND OTHER COURTS 37

Rule 48.1. Recipients of Opinion and Judgment in

All Cases 37

Rule 48.2. Additional Recipients in Criminal

Cases 37

Rule 48.3. Filing Opinion and Judgment 37

Rule 48.4. Opinion Sent to Criminal Defendant 37

RULE 49. MOTION AND FURTHER

MOTION FOR REHEARING 37

Rule 49.1. Motion for Rehearing 37

Rule 49.2. Response 37

Rule 49.3. Decision on Motion 37

Rule 49.4. Accelerated Appeals 38

Rule 49.5. Further Motion for Rehearing 38

Rule 49.6. Amendments 38

Rule 49.7. En Banc Reconsideration 38

Rule 49.8. Extensions of Time 38

Rule 49.9. Not Required for Review 38

Rule 49.11. Relationship to Petition for Review 38

Rule 49.12. Certificate of Conference Not

Required 38

RULE 51. ENFORCEMENT OF

JUDGMENTS AFTER MANDATE 38

Rule 51.1. Civil Cases 38

Rule 51.2. Criminal Cases 38

TA B L E O F C O N T E N T S

2 R U L E S O F A P P E L L A T E P R O C E D U R E

SECTION THREE: ORIGINAL

PROCEEDINGS IN THE

SUPREME COURT AND THE

OURTS OF APPEALS 39

RULE 52. ORIGINAL

PROCEEDINGS 39

Rule 52.1. Commencement 39

ule 52.2. Designation of Parties 39

ule 52.3. Form and Contents of Petition 39

Rule 52.4. Response 40

ule 52.5. Relator’s Reply to Response 40

Rule 52.7. Record 40

ule 52.8. Action on Petition 40

ule 52.9. Motion for Rehearing 40

Rule 52.10. Temporary Relief 40

ule 52.11. Groundless Petition or Misleading

Statement or Record 40

SECTION FOUR:

PROCEEDINGS IN THE

SUPREME COURT 41

RULE 53. PETITION FOR

REVIEW 41

ule 53.1. Method of Review 41

Rule 53.2. Contents of Petition 41

ule 53.3. Response to Petition for Review 41

Rule 53.4. Points Not Considered in Court of

Appeals 42

Rule 53.5. Petitioner’s Reply to Response 42

Rule 53.7. Time and Place of Filing 42

Rule 53.8. Amendment 42

Rule 53.9. Court May Require Revision 42

RULE 54. FILING THE RECORD 42

Rule 54.1. Request for Record 42

Rule 54.2. Duty of Court of Appeals Clerk 42

Rule 54.3. Expenses 42

Rule 54.4. Duty of Supreme Court Clerk 42

RULE 55. BRIEFS ON THE

MERITS 42

Rule 55.1. Request by Court 43

Rule 55.2. Petitioner’s Brief on the Merits 43

Rule 55.3. Respondent’s Brief 43

Rule 55.4. Petitioner’s Brief in Reply 43

Rule 55.5. Reliance on Prior Brief 43

Rule 55.7. Time and Place of Filing; Extension of

Time 43

Rule 55.8. Amendment 43

Rule 55.9. Court May Require Revision 44

RULE 56. ORDERS ON PETITION

FOR REVIEW 44

Rule 56.1. Orders on Petition for Review 44

Rule 56.2. Moot Cases 44

Rule 56.3. Settled Cases 44

Rule 56.4. Notice to Parties 44

Rule 56.5. Return of Documents to Court

of Appeals 44

RULE 57. DIRECT APPEALS TO THE

SUPREME COURT 44

Rule 57.1. Application 44

Rule 57.2. Jurisdiction 44

Rule 57.3. Statement of Jurisdiction 44

Rule 57.4. Preliminary Ruling on Jurisdiction 44

Rule 57.5. Direct Appeal Exclusive While

Pending 45

RULE 58. CERTIFICATION OF

QUESTIONS OF LAW BY UNITED

STATES COURTS 45

Rule 58.1. Certification 45

Rule 58.2. Contents of the Certification Order 45

ule 58.3. Transmission of Certification Order 45

ule 58.4. Transmission of Record 45

Rule 58.5. Fees and Costs 45

ule 58.6. Notice 45

Rule 58.7. Briefs and Oral Argument 45

ule 58.8. Intervention by the State 45

ule 58.9. Opinion on Certified Questions 45

Rule 58.10. Answering Certified Questions 45

RULE 59. SUBMISSION AND

ARGUMENT 45

ule 59.1. Submission Without Argument 45

ule 59.2. Submission With Argument 45

Rule 59.3. Purpose of Argument 45

ule 59.4. Time for Argument 45

Rule 59.5. Number of Counsel 45

ule 59.6. Argument by Amicus Curiae 45

RULE 60. JUDGMENTS IN THE

SUPREME COURT 46

ule 60.1. Announcement of Judgments 46

Rule 60.2. Types of Judgment 46

Rule 60.3. Remand in the Interest of Justice 46

ule 60.4. Judgment for Costs 46

Rule 60.5. Judgment Against Sureties 46

ule 60.6. Other Orders 46

RULE 61. REVERSIBLE ERROR 46

ule 61.1. Standard for Reversible Error 46

Rule 61.2. Error Affecting Only Part of the Case 46

Rule 61.3. Defects in Procedure 46

Rule 61.4. Remediable Error of the Trial Court or

Court of Appeals 46

RULE 63. OPINIONS; COPY OF

OPINION AND JUDGMENT TO

INTERESTED PARTIES AND OTHER

COURTS 46

RULE 64. MOTION FOR

REHEARING 46

Rule 64.1. Time for Filing 46

Rule 64.2. Contents 46

Rule 64.3. Response and Decision 46

Rule 64.4. Second Motion 47

Rule 64.5. Extensions of Time 47

RULE 65. ENFORCEMENT OF

JUDGMENT AFTER MANDATE 47

Rule 65.1. Statement of Costs 47

Rule 65.2. Enforcement of Judgment 47

SECTION FIVE: PROCEEDINGS

IN THE COURT OF CRIMINAL

APPEALS 47

RULE 66. DISCRETIONARY REVIEW

IN GENERAL 47

Rule 66.1. With or Without Petition 47

Rule 66.2. Not a Matter of Right 47

Rule 66.3. Reasons for Granting Review 47

Rule 66.4. Documents to Aid Decision 47

RULE 67. DISCRETIONARY REVIEW

WITHOUT PETITION 47

Rule 67.1. Four Judges’ Vote 47

Rule 67.2. Order Staying Mandate 47

Rule 67.3. Time to Issue Mandate Extended 47

RULE 68. DISCRETIONARY REVIEW

WITH PETITION 47

Rule 68.1. Generally 48

Rule 68.2. Time to File Petition 48

Rule 68.3. Where to File Petition 48

Rule 68.4. Contents of Petition 48

Rule 68.6. Nonconforming Petition 48

ule 68.7. Court of Appeals Clerk’s Duties 48

ule 68.8. Court of Criminal Appeals Clerk’s

Duties 48

ule 68.9. Reply 48

Rule 68.10. Amendment 48

ule 68.11. Service on State Prosecuting

ttorney 48

RULE 69. ACTION OF COURT ON

PETITION FOR DISCRETIONARY

REVIEW AND AFTER GRANTING

REVIEW 49

ule 69.1. Granting or Refusal 49

Rule 69.2. Setting Case for Submission 49

ule 69.3. Improvident Grant of Review 49

Rule 69.4. Clerk’s Duties 49

RULE 70. BRIEF ON THE MERITS 49

Rule 70.1. Initial Brief 49

ule 70.2. Respondent’s Brief 49

Rule 70.3. Brief Contents and Form 49

ule 70.4. Other Briefs 49

RULE 71. DIRECT APPEALS 49

ule 71.1. Direct Appeal 49

Rule 71.2. Record 49

Rule 71.3. Briefs 49

ule 71.4. Additional Briefs 49

RULE 72. EXTRAORDINARY

MATTERS 49

Rule 72.1. Leave to File 49

Rule 72.2. Disposition 49

RULE 73. POSTCONVICTION

APPLICATIONS FOR WRITS OF

HABEAS CORPUS 49

Rule 73.1. Form for Application Filed under Article

11.07 of the Code of Criminal Procedure 49

Rule 73.2. Noncompliant Applications 50

Rule 73.3. State’s Response 50

Rule 73.4. Filing and Transmission of Habeas

Record 50

Rule 73.5 Time Frame for Resolution of Claims

Raised in Application 51

Rule 73.6. Action on Application 51

Rule 73.7. New Evidence After Application

Forwarded to Court of Criminal Appeals 51

RULE 74. REVIEW OF CERTIFIED

STATE CRIMINAL-LAW

QUESTIONS 51

Rule 74.1. Certification 51

Rule 74.2. Contents of the Certification Order 52

Rule 74.3. Transmission of Certification Order 52

Rule 74.4. Transmission of Record 52

Rule 74.5. Notice 52

Rule 74.6. Briefs and Oral Argument 52

Rule 74.7. Intervention by the State 52

Rule 74.8. Opinion on Certified Question 52

Rule 74.9. Motion for Rehearing 52

Rule 74.10. Answering Certified Questions 52

RULE 75. NOTIFICATION; ORAL

ARGUMENT 52

Rule 75.1. Notification of Argument or

Submission 52

Rule 75.2. Request for Argument 52

Rule 75.3. Oral Argument 52

RULE 76. SUBMISSIONS

EN BANC 52

RULE 77. OPINIONS 52

Rule 77.1. Generally 52

Rule 77.2. Signing; Publication 53

B L E O F

C O

N T E N T S

RU L E S O F A P P E L L AT E P R O C E D U R E 3

Rule 77.3. Unpublished Opinions 53

ule 77.4. Copies 53

RULE 78. JUDGMENT IN THE COURT

OF CRIMINAL APPEALS 53

ule 78.1. Types of Judgment 53

Rule 78.2. Remand in the Interests of Justice 53

ule 78.3. Other Orders 53

RULE 79. REHEARINGS 53

ule 79.1. Motion for Rehearing 53

ule 79.2. Contents 53

Rule 79.3. Amendments 53

ule 79.4. Decision 53

Rule 79.5. Further Motion for Rehearing 53

ule 79.6. Extension of Time 53

Rule 79.7. Service 53

TA B L E O F C O N T E N T S

4 R U L E S O F A P P E L L A T E P R O C E D U R E

Texas Rules of Appellate Procedure

SECTION ONE: GENERAL

PROVISIONS

RULE 1. SCOPE OF RULES; LOCAL RULE S

OF COURTS OF APPEALS

RU L E 1.1. SCO P E

These rules govern procedure in appellate courts and before

appellate judges and post-trial procedure in trial courts in

criminal cases.

RU L E 1.2. LO C AL RU LE S

(a) Promulgation. A court of appeals may promulgate rules

governing its practice that are not inconsistent with these rules.

Local rules governing civil cases must first be approved by the

Supreme Court. Local rules governing criminal cases must first

be approved by the Court of Criminal Appeals.

(b) Copies. The clerk must provide a copy of the court’s local

rules to anyone who requests it.

for noncompliance with a local rule without giving the non-

complying party notice and a reasonable opportunity to cure

the noncompliance.

RULE 2. SUSPENSION OF RULES

On a party’s motion or on its own initiative an appellate court

may—to expedite a decision or for other good cause—suspend

a rule’s operation in a particular case and order a different pro-

cedure; but a court must not construe this rule to suspend any

provision in the Code of Criminal Procedure or to alter the

time for perfecting an appeal in a civil case.

RULE 3. DEFINITIONS; UNIFORM

TERMINOLOGY

U LE 3.1. DEF I NI T IO N S

(a) Appellant means a party taking an appeal to an appellate

court.

(b) Appellate court means the courts of appeals, the Court of

Criminal Appeals, and the Supreme Court.

(d) Applicant means a person seeking relief by a habeas corpus

in a criminal case.

(e) Petitioner means a party petitioning the Supreme Court or

the Court of Criminal Appeals for review.

(f) Relator means a person seeking relief in an original proceed-

ing in an appellate court other than by habeas corpus in a

criminal case.

(g) Reporter or court reporter means the court reporter or court

recorder.

(h) Respondent means:

(1) a party adverse to a petitioner in the Supreme Court or

the Court of Criminal Appeals; or

(2) a party against whom relief is sought in an original pro-

ceeding in an appellate court.

RU L E 3.2. UNI F O R M TE R M I N O L O G Y IN

CRI M IN A L CAS E S

In documents filed in criminal appeals, the parties are the State

nd the appellant. But if the State has appealed under Article

44.01 of the Code of Criminal Procedure, the defendant is the

appellee. Otherwise, papers should use real names for parties,

and such labels as appellee, petitioner, respondent, and movant

should be avoided unless necessary for clarity. In habeas corpus

proceedings, the person for whose relief the writ is requested is

the applicant; Code of Criminal Procedure article 11.13.

RULE 4. TIME AND N OTICE PROVISIONS

U LE 4 .1. CO M P U T I N G TIM E

(a) In General. The day of an act, event, or default after which

a designated period begins to run is not included when com-

puting a period prescribed or allowed by these rules, by court

order, or by statute. The last day of the period is included, but

if that day is a Saturday, Sunday, or legal holiday, the period

extends to the end of the next day that is not a Saturday,

Sunday, or legal holiday.

(b) Clerk’s Office Closed or Inaccessible. If the act to be done is

filing a document, and if the clerk’s office where the document

is to be filed is closed or inaccessible during regular hours on

the last day for filing the document, the period for filing the

document extends to the end of the next day when the clerk’s

office is open and accessible. The closing or inaccessibility of

the clerk’s office may be proved by a certificate of the clerk or

counsel, by a party’s affidavit, or by other satisfactory proof,

and may be controverted in the same manner.

RU L E 4.2. NO NOTI C E O F TR I A L CO U RT ’S

JUD G ME N T I N CI V I L CA S E

(a) Additional Time to File Documents.

(1) In General. If a party affected by a judgment or other

appealable order has not—within 20 days after the judg-

ment or order was signed—either received the notice

required by Texas Rule of Civil Procedure 306a.3 or

acquired actual knowledge of the signing, then a period

that, under these rules, runs from the signing will begin for

that party on the earlier of the date when the party receives

notice or acquires actual knowledge of the signing. But in

no event may the period begin more than 90 days after the

judgment or order was signed.

(2) Exception for Restricted Appeal. Subparagraph (1) does

not extend the time for perfecting a restricted appeal.

(b) Procedure to Gain Additional Time. The procedure to gain

additional time is governed by Texas Rule of Civil Procedure

306a.5.

must sign a written order that finds the date when the party or

the party’s attorney first either received notice or acquired actu-

al knowledge that the judgment or order was signed.

Effective Dec. 1, 2018

RU L E S O F A P P E L L AT E P R O C E D U R E 5

RU L E 4.3. PE R I O D S AF F E C T E D B Y MO D I F I E D

JUD G ME N T I N CI V I L CA S E

(a) During Plenary-Power Period. If a judgment is modified in any

respect while the trial court retains plenary power, a period that,

under these rules, runs from the date when the judgment is signed

will run from the date when the modified judgment is signed.

(

b) After Plenary Power Expires. If the trial court corrects or

reforms the judgment under Texas Rule of Civil Procedure 316

after expiration of the trial court’s plenary power, all periods

provided in these rules that run from the date the judgment is

signed run from the date the corrected judgment is signed for

complaints that would not apply to the original judgment.

RU L E 4.4. PE R I O D S AF F E C T E D WHE N PRO C E S S

SERVE D B Y PU BL I CAT I O N

If process was served by publication and if a motion for new

trial was filed under Texas Rule of Civil Procedure 329 more

than 30 days after the judgment was signed, a period that,

under these rules, runs from the date when the judgment is

signed will be computed as if the judgment were signed on the

date when the motion for new trial was filed.

RU L E 4.5. NO NOTI C E O F JU D G ME N T O R

ORD E R O F AP P E L L AT E CO URT; EF F E C T O N TI M E

TO FI L E CE RTA I N DO C U M E N TS

(a) Additional Time to File Documents. A party may move for

additional time to file a motion for rehearing or en banc recon-

sideration in the court of appeals, a petition for review, or a

petition for discretionary review, if the party did not—until

after the time expired for filing the document—either receive

notice of the judgment or order from the clerk or acquire actu-

al knowledge of the rendition of the judgment or order.

(b) Procedure to Gain Additional Time. The motion must state

the earliest date when the party or the party’s attorney received

notice or acquired actual knowledge that the judgment or

order had been rendered. The motion must be filed within 15

days of that date but in no event more than 90 days after the

date of the judgment or order.

(1) A motion for additional time to file a motion for rehear-

ing or en banc reconsideration in the court of appeals must

be filed in and ruled on by the court of appeals in which the

case is pending.

(2) A motion for additional time to file a petition for review

must be filed in and ruled on by the Supreme Court.

(3) A motion for additional time to file a petition for dis-

cretionary review must be filed in and ruled on by the

Court of Criminal Appeals.

(d) Order of the Court. If the court finds that the motion for

additional time was timely filed and the party did not—within

the time for filing the motion for rehearing or en banc recon-

sideration, petition for review, or petition for discretionary

review, as the case may be—receive the notice or have actual

knowledge of the judgment or order, the court must grant the

motion. The time for filing the document will begin to run on

the date when the court grants the motion.

RULE 4.6. NO NOTICE OF TRIAL COURT ’S

APPEALABLE ORDER ON A MOTION FOR FORENS IC

DNA TESTING

(a) Additional Time to File Notice of Appeal. If neither an

adversely affected defendant nor the defendant’s attorney

received notice or acquired actual knowledge that the trial

judge signed an order appealable under Code of Criminal

rocedure Chapter 64 within twenty days after the signing,

then the time periods under these rules that ordinarily run

from the signing of an appealable order will begin to run on

the earliest date when the defendant or the defendant’s attor-

ney received notice or acquired actual knowledge of the sign-

ng. But in no event shall such periods begin more than 120

days after the day the trial judge signed the appealable order.

(b) Motion to Gain Additional Time.

(1) A defendant’s motion for additional time must:

(A) Be in writing and sworn;

(B) State the defendant’s desire to appeal from the

appealable order;

defendant’s attorney received notice or acquired actual

knowledge that the trial judge signed the appealable

order; and

(D) Be filed within 120 days of the signing of the

appealable order.

(2) To establish the application of paragraph (a) of this rule,

the defendant adversely affected must prove in the trial

court:

(A) The earliest date on which the defendant or the

defendant’s attorney received notice or acquired actual

knowledge that the trial judge signed the appealable

order; and

(B) That this date was more than twenty days after the

signing of the appealable order.

(3) If the defendant’s motion for additional time meets the

requirements set out in paragraphs (b)(1) and (b)(2), the

motion may serve as the defendant’s notice of appeal.

time, the trial judge must sign a written order that determines

the earliest date when the defendant or the defendant’s attorney

received notice or acquired actual knowledge that the trial judge

signed the appealable order and whether this date was more than

twenty days after the judge signed the appealable order.

(d) The Clerk’s Duties. The trial court clerk must immediately

(as they are filed or entered in the record) forward to all parties

in the case copies of the defendant’s motion for additional

time, the trial judge’s written order under subsection (c), the

order the defendant seeks to appeal, any State’s response, and

any exhibits and related documents.

Enacted effective Nov. 1, 2018.

 COMMENT TO 2018 CHANGE

Rule 4.6 is intended to provide redress for criminal defendants

who are entitled to appeal trial court rulings made pursuant to

Texas Code of Criminal Procedure Chapter 64, but receive late or

no notice of the rulings. The rule allows a defendant additional

time to file a notice of appeal when neither the defendant nor the

defendant’s attorney received notice or acquired actual knowledge

of the signing of the appealable order within the first 20 days after

the signing. The rule is based on the framework of Rule of

Appellate Procedure 4.2 and Texas Rule of Civil Procedure 306a,

but is intended to apply only in the limited context of appealable

rulings on Chapter 64 motions. The term “sworn” in Rule 4.6

includes the use of an unsworn declaration made under penalty of

perjury. See T

EX. CIV. PRAC. & REM. CODE §132.001. If a trial

R U L E 4 . 3 . P E R I O D S A F F E C T E D B Y M O D I F I E D J U D G M E N T I N C I V I L C A S E

6 R U L E S O F A P P E L L A T E P R O C E D U R E

judge grants a defendant’s motion for additional time filed under

his rule, the court of appeals may treat the defendant’s late-filed

notice of appeal as timely or treat the motion for additional time

tself as a notice of appeal for the purpose of determining compli-

ance with Rules 25.2 and 26.2.

RULE 5. FEES IN CI VIL CASES

A party who is not excused by statute or these rules from pay-

ng costs must pay—at the time an item is presented for fil-

ing—whatever fees are required by statute or Supreme Court

order. The appellate court may enforce this rule by any order

that is just.

RULE 6. REPRESENTATION BY COUNSEL

U LE 6 .1. LE A D CO U N S E L

(a) For Appellant. Unless another attorney is designated, lead

counsel for an appellant is the attorney whose signature first

appears on the notice of appeal.

(b) For a Party Other than Appellant. Unless another attorney

is designated, lead counsel for a party other than an appellant

is the attorney whose signature first appears on the first docu-

ment filed in the appellate court on that party’s behalf.

be designated by filing a notice stating that attorney’s name,

mailing address, telephone number, fax number, if any, email

address, and State Bar of Texas identification number. If a new

lead counsel is being designated, both the new attorney and

either the party or the former lead counsel must sign the notice.

RU L E 6.2. APP E A R A N C E O F OT H E R AT TO R N E YS

An attorney other than lead counsel may file a notice stating

that the attorney represents a specified party to the proceeding

and giving that attorney’s name, mailing address, telephone

number, fax number, if any, email address, and State Bar of

Texas identification number. The clerk will note on the docket

the attorney’s appearance. When a brief or motion is filed, the

clerk will note on the docket the name of each attorney, if not

already noted, who appears on the document.

RU L E 6.3. TO WH O M C O M M U N I C AT I O N S SE N T

Any notice, copies of documents filed in an appellate court, or

other communications must be sent to:

(a) each party’s lead counsel on appeal;

(b) a party’s lead counsel in the trial court if:

(1) that party was represented by counsel in the trial court;

(2) lead counsel on appeal has not yet been designated for

that party; and

(3) lead counsel in the trial court has not filed a nonrepre-

sentation notice or been allowed to withdraw;

RU L E 6.4. NON R E P R E S E N TATI O N NOT I CE

(a) In General. If, in accordance with paragraph 6.3(b), the lead

counsel in the trial court is being sent notices, copies of docu-

ments, or other communications, that attorney may file a non-

representation notice in the appellate court. The notice must:

(1) state that the attorney is not representing the party on

appeal;

(2) state that the court and other counsel should communi-

cate directly with the party in the future;

(3) give the party’s name and last known address and tele-

phone number; and

(4) be signed by the party.

(

b) Appointed Counsel. In a criminal case, an attorney appoint-

ed by the trial court to represent an indigent party cannot file

a nonrepresentation notice.

RU L E 6.5. WIT H D R AWA L

n appellate court may, on appropriate terms and conditions,

permit an attorney to withdraw from representing a party in

the appellate court.

(a) Contents of Motion. A motion for leave to withdraw must

contain the following:

(1) a list of current deadlines and settings in the case;

(2) the party’s name and last known address and telephone

number;

(3) a statement that a copy of the motion was delivered to

the party; and

(4) a statement that the party was notified in writing of the

right to object to the motion.

(b) Delivery to Party. The motion must be delivered to the

party in person or mailed—both by certified and by first-class

mail—to the party at the party’s last known address.

drawing attorney must immediately notify the party, in writ-

ing, of any deadlines or settings that the attorney knows about

at the time of withdrawal but that were not previously dis-

closed to the party. The withdrawing attorney must file a copy

of that notice with the court clerk.

(d) Exception for Substitution of Counsel. If an attorney substi-

tutes for a withdrawing attorney, the motion to withdraw need

not comply with (a) but must state only the substitute attor-

ney’s name, mailing address, telephone number, fax number, if

any, and State Bar of Texas identification number. The with-

drawing attorney must comply with (b) but not (c).

RU L E 6.6. AG R EE M EN T S O F

PA RTI E S O R CO U N S E L

To be enforceable, an agreement of parties or their counsel

concerning an appellate court proceeding must be in writing

and signed by the parties or their counsel. Such an agreement

is subject to any appellate court order necessary to ensure that

the case is properly presented.

RULE 7. SUBSTITUTING PARTIES

U LE 7 .1. PA RTI E S W H O AR E NOT

PUB L IC O F F IC E RS

(a) Death of a Party.

(1) Civil Cases. If a party to a civil case dies after the trial

court renders judgment but before the case has been finally

disposed of on appeal, the appeal may be perfected, and the

appellate court will proceed to adjudicate the appeal as if all

parties were alive. The appellate court’s judgment will have

the same force and effect as if rendered when all parties were

living. The decedent party’s name may be used on all papers.

(2) Criminal Cases. If the appellant in a criminal case dies

after an appeal is perfected but before the appellate court

issues the mandate, the appeal will be permanently abated.

(b) Substitution for Other Reasons. If substitution of a party in

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the appellate court is necessary for a reason other than death,

the appellate court may order substitution on any party’s

motion at any time.

RU L E 7.2. PUB L I C OF F I C E R S

(a) Automatic Substitution of Officer. When a public officer is a

party in an official capacity to an appeal or original proceed-

ing, and if that person ceases to hold office before the appeal

r original proceeding is finally disposed of, the public officer’s

successor is automatically substituted as a party if appropriate.

Proceedings following substitution are to be in the name of the

substituted party, but any misnomer that does not affect the

substantial rights of the parties may be disregarded.

Substitution may be ordered at any time, but failure to order

substitution of the successor does not affect the substitution.

(b) Abatement. If the case is an original proceeding under Rule

52, the court must abate the proceeding to allow the successor

to reconsider the original party’s decision. In all other cases, the

suit will not abate, and the successor will be bound by the

appellate court’s judgment or order as if the successor were the

original party.

RULE 8. BANKRUPTCY IN CIVIL CASES

U LE 8 .1. NOT I C E O F B A N K R U P TCY

Any party may file a notice that a party is in bankruptcy. The

notice must contain:

(a) the bankrupt party’s name;

(b) the court in which the bankruptcy proceeding is pending;

(d) the date when the bankruptcy petition was filed.

RU L E 8.2. EFF E C T O F BA N K RU P TC Y

A bankruptcy suspends the appeal and all periods in these rules

from the date when the bankruptcy petition is filed, until the

appellate court reinstates or severs the appeal in accordance

with federal law. A period that began to run and had not

expired at the time the proceeding was suspended begins anew

when the proceeding is reinstated or severed under 8.3. A doc-

ument filed by a party while the proceeding is suspended will

be deemed filed on the same day, but after, the court reinstates

or severs the appeal and will not be considered ineffective

because it was filed while the proceeding was suspended.

RU L E 8.3. MOTI O N TO RE IN S TATE O R S E VE R

APP E A L SU S P E N D E D B Y BA N K RU P TC Y

(a) Motion to Reinstate. If a case has been suspended by a bank-

ruptcy filing, a party may move that the appellate court rein-

state the appeal if permitted by federal law or the bankruptcy

court. If the bankruptcy court has lifted or terminated the stay

a certified copy of the order must be attached to the motion.

(b) Motion to Sever. A party may move to sever the appeal with

respect to the bankrupt party and to reinstate the appeal with

respect to the other parties. The motion must show that the

case is severable and must comply with applicable federal law

regarding severance of a bankrupt party. The court may pro-

ceed under this paragraph on its own initiative.

RULE 9. DOCUMENTS GENERALLY

U LE 9 .1. SI G N I N G

(a) Represented Parties. If a party is represented by counsel, a

document filed on that party’s behalf must be signed by at least

ne of the party’s attorneys. For each attorney whose name

appears on a document as representing that party, the docu-

ment must contain that attorney’s State Bar of Texas identifi-

cation number, mailing address, telephone number, fax num-

ber, if any, and email address.

(b) Unrepresented Parties. A party not represented by counsel

must sign any document that the party files and give the party’s

mailing address, telephone number, fax number, if any, and

email address.

served, filed, or issued by a court or clerk is considered signed

if the document includes:

(1) a “/s/” and name typed in the space where the signature

would otherwise appear, unless the document is notarized

or sworn; or

(2) an electronic image or scanned image of the signature.

RU L E 9.2. FIL I N G

(a) With Whom. A document is filed in an appellate court by

delivering it to:

(1) the clerk of the court in which the document is to be

filed; or

(2) a justice or judge of that court who is willing to accept

delivery. A justice or judge who accepts delivery must note

on the document the date and time of delivery, which will

be considered the time of filing, and must promptly send it

to the clerk.

(b) Filing by Mail.

(1) Timely Filing. A document received within ten days

after the filing deadline is considered timely filed if:

(A) it was sent to the proper clerk by United States Postal

Service or a commercial delivery service;

(B) it was placed in an envelope or wrapper properly

addressed and stamped; and

mercial delivery service on or before the last day for fil-

ing.

(2) Proof of Mailing. Though it may consider other proof,

the appellate court will accept the following as conclusive

proof of the date of mailing:

(A) a legible postmark affixed by the United States Postal

Service;

(B) a receipt for registered or certified mail if the receipt

is endorsed by the United States Postal Service;

Service; or

(D) a receipt endorsed by the commercial delivery service.

(1) Requirement. Attorneys in civil cases must electronically

file documents. Attorneys in criminal cases must electroni-

cally file documents except for good cause shown in a

motion filed in the appellate court. Unrepresented parties

in civil and criminal cases may electronically file docu-

ments, but it is not required.

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8 R U L E S O F A P P E L L A T E P R O C E D U R E

(2) Mechanism. Electronic filing must be done through the

electronic filing manager established by the Office of Court

Administration and an electronic filing service provider cer-

ified by the Office of Court Administration.

(3) Exceptions. Documents filed under seal, subject to a

pending motion to seal, or to which access is otherwise

restricted by law or court order must not be electronically

filed. For good cause, an appellate court may permit a party

o file other documents in paper form in a particular case.

(4) Timely Filing. Unless a document must be filed by a cer-

tain time of day, a document is considered timely filed if it

is electronically filed at any time before midnight (in the

court’s time zone) on the filing deadline. An electronically

filed document is deemed filed when transmitted to the fil-

ing party’s electronic filing service provider, except:

(A) if a document is transmitted on a Saturday, Sunday,

or legal holiday, it is deemed filed on the next day that

is not a Saturday, Sunday, or legal holiday; and

(B) if a document requires a motion and an order allow-

ing its filing, the document is deemed filed on the date

the motion is granted.

(5) Technical Failure. If a document is untimely due to a

technical failure or a system outage, the filing party may

seek appropriate relief from the court.

(6) Confirmation of Filing. The electronic filing manager

will send a filing confirmation notice to the filing party.

(7) Electronic Notices From the Court. The clerk may send

notices, orders, or other communications about the case to

the party electronically. A court seal may be electronic.

MAILBOX RULE

The mailbox rule applies to incarcerated pro se defendants as

well as attorneys. Pleadings are deemed filed by an incarcerated

pro se defendant when he delivers them to prison authorities

rather than when the court clerk receives them. Campbell v.

State, 320 S.W.3d 338 (Tex. Crim. App. 2010); see also Taylor

v. State, 424 S.W.3d 39 (Tex. Crim. App. 2014) (mistake in

timely but incorrectly sending notice of appeal to the appeals

court rather than the district court clerk did not make notice of

appeal untimely). The “timely mailed, timely filed” mailbox rule

in TRAP 9.2(b) does not include private couriers such as FedEx.

Ex parte Castillo, 369 S.W.3d 196 (Tex. Crim. App. 2012).

RU L E 9.3. NUM B E R O F CO P I E S

(a) Courts of Appeals.

(1) Document Filed in Paper Form. If a document is not

electronically filed, a party must file the original and one

unbound copy of the document unless otherwise required

by local rule. The unbound copy of an appendix must con-

tain a separate page before each document and must not

include tabs that extend beyond the edge of the page.

(2) Electronically Filed Document. Unless required by local

rule, a party need not file a paper copy of an electronically

filed document.

(b) Supreme Court and Court of Criminal Appeals.

(1) Document Filed in Paper Form. If a document is not elec-

tronically filed, a party must file the original and 11 copies

of any document addressed to either the Supreme Court or

the Court of Criminal Appeals, except that in the Supreme

Court only an original and one copy must be filed of any

motion, response to the motion, and reply in support of the

motion, and in the Court of Criminal Appeals, only the

original must be filed of a motion for extension of time or a

response to the motion, or a pleading under Code of

riminal Procedure article 11.07.

(2) Electronically Filed Document. Paper copies of each doc-

ument that is electronically filed with the Supreme Court or

the Court of Criminal Appeals must be mailed or hand-

delivered to the Supreme Court or the Court of Criminal

ppeals, as appropriate, within three business days after the

document is electronically filed. The number of paper

copies required shall be determined, respectively, by order of

the Supreme Court or the Court of Criminal Appeals.

in any proceeding.

RU L E 9.4. FOR M

Except for the record, a document filed with an appellate

court, including a paper copy of an electronically filed docu-

ment, must—unless the court accepts another form in the

interest of justice—be in the following form:

(a) Printing. A document may be produced by standard typo-

graphic printing or by any duplicating process that produces a

distinct black image. Printing must be on one side of the

paper.

(b) Paper Type and Size. The paper on which a document is

produced must be 8

/2 by 11 inches, white or nearly white,

and opaque.

on both sides and at the top and bottom.

(d) Spacing. Text must be double-spaced, but footnotes, block

quotations, short lists, and issues or points of error may be sin-

gle-spaced.

(e) Typeface. A document produced on a computer must be

printed in a conventional typeface no smaller than 14-point

except for footnotes, which must be no smaller than 12-point.

A typewritten document must be printed in standard 10-char-

acter-per-inch (cpi) monospaced typeface.

(f) Binding and Covering. A paper document must be bound

so as to ensure that it will not lose its cover or fall apart in reg-

ular use. A paper document should be stapled once in the top

left-hand corner or be bound so that it will lie flat when open.

A paper petition or brief should have durable front and back

covers which must not be plastic or be red, black, or dark blue.

(g) Contents of Cover. A document's front cover, if any, must

contain the case style, the case number, the title of the docu-

ment being filed, the name of the party filing the document,

and the name, mailing address, telephone number, fax num-

ber, if any, email address, and State Bar of Texas identification

number of the lead counsel for the filing party. If a party

requests oral argument in the court of appeals, the request

must appear on the front cover of that party's first brief.

(h) Appendix and Original Proceeding Record. A paper appendix

may be bound either with the document to which it is related

or separately. If separately bound, the appendix must comply

with paragraph (f). A paper record in an original proceeding or

a paper appendix must be tabbed and indexed. An electroni-

cally filed record in an original proceeding or an electronically

filed appendix that includes more than one item must contain

bookmarks to assist in locating each item.

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RU L E S O F A P P E L L AT E P R O C E D U R E 9

(i) Length

(1) Contents Included and Excluded. In calculating the length

of a document, every word and every part of the document,

including headings, footnotes, and quotations, must be

counted except the following: caption, identity of parties

and counsel, statement regarding oral argument, table of

contents, index of authorities, statement of the case, state-

ment of issues presented, statement of jurisdiction, state-

ent of procedural history, signature, proof of service, cer-

tification, certificate of compliance, and appendix.

(2) Maximum Length. The documents listed below must

not exceed the following limits:

(A) A brief and response in a direct appeal to the Court

of Criminal Appeals in a case in which the death penalty

has been assessed: 37,500 if computer-generated, and

125 pages if not.

(B) A brief and response in an appellate court (other than

a brief under subparagraph (A)) and a petition and

response in an original proceeding in the court of appeals:

15,000 words if computer-generated, and 50 pages if not.

In a civil case in the courts of appeals, the aggregate of all

briefs filed by a party must not exceed 27,000 words if

computer-generated, and 90 pages if not.

response to a petition in an original proceeding in the

court of appeals: 7,500 words if computer-generated,

and 25 pages if not.

(D) A petition and response in an original proceeding in

the Supreme Court and the Court of Criminal Appeals,

except for petitions and responses in an original proceed-

ing in a case in which the death penalty has been assessed,

a petition for review and response in the Supreme Court,

a petition for discretionary review in the Court of

Criminal Appeals, and a motion for rehearing and

response in an appellate court: 4,500 words if computer-

generated, and 15 pages if not.

(E) A reply to a response to a petition for review in the

Supreme Court, a reply to a response to a petition in an

original proceeding in the Supreme Court and the Court

of Criminal Appeals, except a reply to a response in an

original proceeding in a case in which the death penalty

has been assessed, and a reply to a petition for discre-

tionary review in the Court of Criminal Appeals: 2,400

words if computer-generated, and 8 pages if not.

(F) A petition and response in an original proceeding in

the Court of Criminal Appeals in a case in which the

death penalty has been assessed: 9,000 words if comput-

er-generated, and 30 pages if not.

(G) A reply to a response to a petition in an original pro-

ceeding in the Court of Criminal Appeals in a case in

which the death penalty has been assessed: 4,800 words

if computer-generated, and 16 pages if not.

(3) Certificate of Compliance. A computer-generated docu-

ment that is subject to a word limit under this rule must

include a certificate by counsel or an unrepresented party

stating the number of words in the document. The person

certifying may rely on the word count of the computer pro-

gram used to prepare the document.

(4) Extensions. A court may, on motion, permit a document

that exceeds the prescribed limit.

(j) Electronically Filed Documents. An electronically filed doc-

ument must:

(1) be in text-searchable portable document format (PDF);

(2) be directly converted to PDF rather than scanned, if

possible;

(3) not be locked;

(4) be combined with any appendix into one computer file,

unless that file would exceed the size limit prescribed by the

lectronic filing manager; and

(5) otherwise comply with the Technology Standards set by

the Judicial Committee on Information Technology and

approved by the Supreme Court.

(k) Nonconforming Documents. If a document fails to conform

with these rules, the court may strike the document or identify

the error and permit the party to resubmit the document in a

conforming format by a specified deadline.

RU L E 9.5. SERV I C E

(a) Service of All Documents Required. At or before the time of a

document’s filing, the filing party must serve a copy on all par-

ties to the proceeding. Service on a party represented by counsel

must be made on that party’s lead counsel. Except in original

proceedings, a party need not serve a copy of the record.

(b) Manner of Service.

(1) Documents Filed Electronically. A document filed electroni-

cally under Rule 9.2 must be served electronically through the

electronic filing manager if the email address of the party or

attorney to be served is on file with the electronic filing manager.

If the email address of the party or attorney to be served is not

on file with the electronic filing manager, the document may be

served on that party or attorney under subparagraph (2).

(2) Documents Not Filed Electronically. A document that is

not filed electronically may be served in person, by mail, by

commercial delivery service, by fax, or by email. Personal

service includes delivery to any responsible person at the

office of the lead counsel for the party served.

(1) Service by mail is complete on mailing.

(2) Service by commercial delivery service is complete when

the document is placed in the control of the delivery service.

(3) Service by fax is complete on receipt.

(4) Electronic service is complete on transmission of the

document to the serving party’s electronic filing service

provider. The electronic filing manager will send confirma-

tion of service to the serving party.

(d) Proof of Service. A document presented for filing must con-

tain a proof of service in the form of either an acknowledgment

of service by the person served or a certificate of service. Proof

of service may appear on or be affixed to the filed document.

The clerk may permit a document to be filed without proof of

service, but will require the proof to be filed promptly.

(e) Certificate Requirements. A certificate of service must be

signed by the person who made the service and must state:

(1) the date and manner of service;

(2) the name and address of each person served; and

(3) if the person served is a party’s attorney, the name of the

party represented by that attorney.

RU L E 9.6. COM M U N I C AT I O N S W I T H T H E CO U RT

Parties and counsel may communicate with the appellate court

about a case only through the clerk.

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10 RU L E S O F A P P E L L AT E P R O C E D U R E

RU L E 9.7. ADO P T I O N B Y REF E RE N CE

Any party may join in or adopt by reference all or any part of

a brief, petition, response, motion, or other document filed in

n appellate court by another party in the same case.

RU L E 9.8. PROTE C T I O N O F MI N O R ’S ID E N T I T Y

I N PA R EN TA L -RI G H TS TER M IN AT I O N CA S E S A N D

JUV E NI L E COU RT CA S E S

(a) Alias Defined. For purposes of this rule, an alias means one

or more of a person’s initials or a fictitious name, used to refer

to the person.

(b) Parental-Rights Termination Cases. In an appeal or an orig-

inal proceeding in an appellate court, arising out of a case in

which the termination of parental rights was at issue:

(1) except for a docketing statement, in all papers submit-

ted to the court, including all appendix items submitted

with a brief, petition, or motion:

(A) a minor must be identified only by an alias unless

the court orders otherwise;

(B) the court may order that a minor’s parent or other

family member be identified only by an alias if necessary

to protect a minor’s identity; and

(2) the court must, in its opinion, use an alias to refer to a

minor, and if necessary to protect the minor’s identity, to

the minor’s parent or other family member.

in an appellate court, arising out of a case under Title 3 of the

Family Code:

(1) except for a docketing statement, in all papers submit-

ted to the court, including all appendix items submitted

with a brief, petition, or motion:

(A) a minor must be identified only by an alias;

(B) a minor’s parent or other family member must be

identified only by an alias; and

(2) the court must, in its opinion, use an alias to refer to a

minor and to the minor’s parent or other family member.

(d) No Alteration of Appellate Record. Nothing in this rule per-

mits alteration of the original appellate record except as specif-

ically authorized by court order.

RU L E 9.9. PRI VA CY PR OT E C T I O N F O R

DOC U ME N TS FI L E D I N CI V I L CA S E S

(a) Sensitive Data Defined. Sensitive data consists of:

(1) a driver’s license number, passport number, social secu-

rity number, tax identification number or similar govern-

ment-issued personal identification number;

(2) a bank account number, credit card number, or other

financial account number; and

(3) a birth date, home address, and the name of any person

who was a minor when the underlying suit was filed.

(b) Filing of Documents Containing Sensitive Data Prohibited.

Unless the inclusion of sensitive data is specifically required by

a statute, court rule, or administrative regulation, an electronic

or paper document containing sensitive data may not be filed

with a court unless the sensitive data is redacted, except for the

record in an appeal under Section Two.

data must be redacted by using the letter “X” in place of each

omitted digit or character or by removing the sensitive data in a

manner indicating that the data has been redacted. The filing

party must retain an unredacted version of the filed document

uring the pendency of the appeal and any related proceedings

filed within six months of the date the judgment is signed.

(d) Notice to Clerk. If a document must contain sensitive data,

the filing party must notify the clerk by:

(1) designating the document as containing sensitive data

hen the document is electronically filed; or

(2) if the document is not electronically filed, by including,

on the upper left- hand side of the first page, the phrase:

“NOTICE: THIS DOCUMENT CONTAINS SENSI-

TIVE DATA.”

(e) Restriction on Remote Access. Documents that contain

unredacted sensitive data in violation of this rule must not be

posted on the Internet.

RU L E 9.10. PR I VA C Y PROT E C T I O N F O R

DOC U ME N TS FI L E D I N CR I M I N A L CA S E S

(a) Sensitive Data Defined. Sensitive data consists of:

(1) a driver’s license number, passport number, social secu-

rity number, tax identification number or similar govern-

ment-issued personal identification number;

(2) bank account number, credit card number, and other

financial account number;

(3) a birth date, a home address, and the name of any person

who was a minor at the time the offense was committed.

(b) Redacted Filings. Unless a court orders otherwise, an electron-

ic or paper filing with the court, including the contents of any

appendices, must not contain sensitive data.

requirement does not apply to the following:

(1) A court filing that is related to a criminal matter or inves-

tigation and that is prepared before the filing of a criminal

charge or is not filed as part of any docketed criminal case;

(2) An arrest or search warrant;

(3) A charging document and an affidavit filed in support of

any charging document;

(4) A defendant’s date of birth;

(5) A defendant’s address; and

(6) Any government issued number intended to identify the

defendant associated with a criminal filing, except for the

defendant’s social security number or driver’s license number.

(d) Redaction procedures. Sensitive data must be redacted by

using the letter “X” in place of each omitted digit or character or

by removing the sensitive data in a manner indicating that the

data has been redacted. The filer must retain an unredacted ver-

sion of the filed document during the pendency of the appeal

and any related proceedings filed within three years of the date

the judgment is signed. If a district court clerk or appellate court

clerk discovers unredacted sensitive data in the record, the clerk

shall notify the parties and seek a ruling from the court.

(e) Certification. The filing of a document constitutes a certi-

fication by the filer that the document complies with para-

graphs (a) and (b) of this rule.

(f) Reference List. If a filer believes any information described

in paragraph (a) of this rule is essential to a document or that

the document would be confusing without the information,

the filer may submit the information to the court in a reference

list that is in paper form and under seal. The reference list must

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specify an appropriate identifier that corresponds uniquely to

each item listed. Any reference in the document to a listed

identifier will be construed to refer to the corresponding item

f information. If the filer provides a reference list pursuant to

this rule, the front page of the document containing the

redacted information must indicate that the reference list has

been, or will be, provided. On its own initiative, the court may

order a sealed reference list in any case.

(

g) Sealed materials. Materials that are required by statute to be

sealed, redacted, or kept confidential, such as the items set out

in Articles 35.29 (Personal Information About Jurors), 38.45

(Evidence Depicting or Describing Abuse of or Sexual Conduct

by Child or Minor), and 42.12, §9(j), must be treated in accor-

dance with the pertinent statutes and shall not be publicly avail-

able on the internet. A court may also order that a document be

filed under seal in paper form or electronic form, without redac-

tion. The court may later unseal the document or order the filer

to provide a redacted version of the document for the public

record. If a court orders material sealed, whether it be sensitive

data or other materials, the court’s sealing order must be affixed

to the outside of the sealed container if the sealed material is

filed in paper form, or be the first document that appears if filed

in electronic form. Sealed portions of the clerk’s and reporter’s

records should be clearly marked and separated from unsealed

portions and tendered as separate records, whether in paper

form or electronic form. Sealed material shall not be available

either on the internet or in other form without court order.

(h) Waiver of Protection of Identifiers. A person waives the pro-

tection of this rule as to a person’s own information by filing it

without redaction and not under seal.

RULE 10. MOTIONS IN THE

APPELLATE COU RTS

RU L E 10.1. CO N T E N TS O F MOT IO N S; RE S P O N S E

(a) Motion. Unless these rules prescribe another form, a party

must apply by motion for an order or other relief. The motion

must:

(1) contain or be accompanied by any matter specifically

required by a rule governing such a motion;

(2) state with particularity the grounds on which it is based;

(3) set forth the order or relief sought;

(4) be served and filed with any brief, affidavit, or other

paper filed in support of the motion; and

(5) in civil cases, except for motions for rehearing and en banc

reconsideration, contain or be accompanied by a certificate

stating that the filing party conferred, or made a reasonable

attempt to confer, with all other parties about the merits of

the motion and whether those parties oppose the motion.

(b) Response. A party may file a response to a motion at any

time before the court rules on the motion or by any deadline

set by the court. The court may determine a motion before a

response is filed.

RU L E 10.2. EV I D E N C E O N MOT IO N S

A motion need not be verified unless it depends on the follow-

ing types of facts, in which case the motion must be supported

by affidavit or other satisfactory evidence. The types of facts

requiring proof are those that are:

(a) not in the record;

(b) not within the court’s knowledge in its official capacity; and

the motion.

RU L E 10.3. DE T E R M I N I N G MOTI O N S

(a) Time for determination. A court should not hear or deter-

mine a motion until 10 days after the motion was filed, unless:

(1) the motion is to extend time to file a brief, a petition for

eview, or a petition for discretionary review;

(2) the motion states that the parties have conferred and

that no party opposes the motion; or

(3) the motion is an emergency.

(b) Reconsideration. If a motion is determined prematurely, any

party adversely affected may request the court to reconsider its

order.

RU L E 10.4. POW E R O F PA N E L O R SI N G L E

JUS T IC E O R JU D G E TO EN T E RTA I N MOT I O N S

(a) Single justice. In addition to the authority expressly con-

ferred by these rules or by law, a single justice or judge of an

appellate court may grant or deny a request for relief that these

rules allow to be sought by motion. But in a civil case, a single

justice should not do the following:

(1) act on a petition for an extraordinary writ; or

(2) dismiss or otherwise determine an appeal or a motion

for rehearing.

(b) Panel. An appellate court may provide, by order or rule,

that a panel or the full court must act on any motion or class

of motions.

RU L E 10.5. PA RTI C U L A R MOTI O N S

(a) Motions relating to informalities in the record. A motion

relating to informalities in the manner of bringing a case into

court must be filed within 30 days after the record is filed in

the court of appeals. The objection, if waivable, will otherwise

be deemed waived.

(b) Motions to extend time.

(1) Contents of motion in general. All motions to extend

time, except a motion to extend time for filing a notice of

appeal, must state:

(A) the deadline for filing the item in question;

(B) the length of the extension sought;

an extension; and

(D) the number of previous extensions granted regard-

ing the item in question.

(2) Contents of motion to extend time to file notice of appeal. A

motion to extend the time for filing a notice of appeal must:

(A) comply with (1)(A) and (C);

(B) identify the trial court;

able order; and

(D) state the case number and style of the case in the

trial court.

(3) Contents of motion to extend time to file petition for

review or petition for discretionary review. A motion to

extend time to file a petition for review or petition for dis-

cretionary review must also specify:

(A) the court of appeals;

(B) the date of the court of appeals’ judgment;

appeals; and

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(D) the date every motion for rehearing or en banc reconsid-

eration was filed, and either the date and nature of the court

of appeals’ ruling on the motion, or that it remains pending.

(

c) Motions to postpone argument. Unless all parties agree, or

unless sufficient cause is apparent to the court, a motion to post-

pone argument of a case must be supported by sufficient cause.

RULE 11. AMICUS CUR IAE BRIEFS

n appellate clerk may receive, but not file, an amicus curiae

brief. But the court for good cause may refuse to consider the

brief and order that it be returned. An amicus curiae brief must:

(a) comply with the briefing rules for parties;

(b) identify the person or entity on whose behalf the brief is

tendered;

ing the brief; and

(d) certify that copies have been served on all parties.

RULE 12. DUTIES OF APPELLATE CLERK

U LE 1 2.1 . DO CK E TI N G T H E C A S E

On receiving a copy of the notice of appeal, the petition for review,

the petition for discretionary review, the petition in an original

proceeding, or a certified question, the appellate clerk must:

(a) endorse on the document the date of receipt;

(b) collect any filing fee;

(d) notify all parties of the receipt of the document; and

(e) if the document filed is a petition for review filed in the

Supreme Court, notify the court of appeals’ clerk of the filing

of the petition.

RU L E 12.2. DO C K E T NU M B E R S

The clerk must put the case’s docket number on each item

received in connection with the case and must put the docket

number on the envelope in which the record is stored.

(a) Numbering system. Each case filed in a court of appeals must

be assigned a docket number consisting of the following four

parts, separated by hyphens:

(1) the number of the court of appeals district;

(2) the last two digits of the year in which the case is filed;

(3) the number assigned to the case; and

(4) the designation “CV” for a civil case or “CR” for a crim-

inal case.

(b) Numbering order. Each case must be docketed in the order

of its filing.

same case must be given the same docket number.

(d) Appeals not yet filed. A motion relating to an appeal that has

been perfected but not yet filed must be docketed and assigned

a docket number that will also be assigned to the appeal when

it is filed.

RU L E 12.3. CU S TO DY O F PA P E R S

The clerk must safeguard the record and every other item

filed in a case. If the record or any part of it or any other item

is missing, the court will make an order for the replacement

of the record or item that is just under the circumstances.

RU L E 12.4. WI T H D R AW I NG PA PE R S

The clerk may permit the record or other filed item to be taken

from the clerk’s office at any time, on the following conditions:

(a) the clerk must have a receipt for the record or item;

(b) the clerk should make reasonable conditions to ensure that

the withdrawn record or item is preserved and returned;

(

c) the clerk may demand the return of the record or item at

any time;

(d) after the case is submitted to the court and before the

court’s decision, the record cannot be withdrawn;

(e) after the court’s decision, the losing party must be given

riority in withdrawing the record;

(f) the clerk may not allow original documents filed under

Rule 34.5(f) or original exhibits filed under Rule 34.6(g) to be

taken from the clerk’s office;

(g) if the court allows an original document or exhibit to be

taken by a party and it is not returned, the court may accept

the opposing party’s statement concerning the document’s or

exhibit’s nature and contents;

(h) withdrawn material must not be removed from the court’s

jurisdiction; and

(i) the court may, on the motion of any party or its own initia-

tive, modify any of these conditions.

RU L E 12.5. CL E R K ’S DU T Y TO AC C O U N T

The clerk of an appellate court who receives money due anoth-

er court must promptly pay the money to the court to whom

it is due. This rule is enforceable by the Supreme Court.

RU L E 12.6. NOT I C E S O F CO U RT ’S

JUD G ME N TS A N D OR D E R S

In any proceeding, the clerk of an appellate court must

promptly send a notice of any judgment, mandate, or other

court order to all parties to the proceeding.

RULE 13. COURT REPORTERS A ND

COURT RECORDERS

RU L E 13.1. DU T I E S O F CO U RT RE P O RTE R S

A ND R E C O R D ER S

The official court reporter or court recorder must:

(a) unless excused by agreement of the parties, attend court ses-

sions and make a full record of the proceedings;

(b) take all exhibits offered in evidence during a proceeding

and ensure that they are marked;

ends;

(d) perform the duties prescribed by Rules 34.6 and 35; and

(e) perform other acts relating to the reporter’s or recorder’s

official duties, as the trial court directs.

RU L E 13.2. AD D I T I O N A L DU T I E S

O F CO U RT RE C O R D E R

The official court recorder must also:

(a) ensure that the recording system functions properly

throughout the proceeding and that a complete, clear, and

transcribable recording is made;

(b) make a detailed, legible log of all proceedings being record-

ed, showing:

(1) the number and style of the case before the court;

(2) the name of each person speaking;

(3) the event being recorded such as the voir dire, the open-

ing statement, direct and cross-examinations, and bench

conferences;

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(4) each exhibit offered, admitted, or excluded;

(5) the time of day of each event; and

(6) the index number on the recording device showing

here each event is recorded;

(d) have the original recording stored to ensure that it is pre-

served and is accessible; and

(e) ensure that no one gains access to the original recording

ithout the court’s written order.

RU L E 13.3. PR I O R I T I E S O F RE P O RTE R S

The trial court must help ensure that the court reporter’s work

is timely accomplished by setting work priorities. The

reporter’s duties relating to proceedings before the court take

preference over other work.

RU L E 13.4. RE P O RT O F RE P O RTE R S

To aid the trial court in setting priorities under 13.3, each

court reporter must give the trial court a monthly written

report showing the amount and nature of the business pending

in the reporter’s office. A copy of this report must be filed with

the appellate clerk of each district in which the court sits.

RU L E 13.5. AP P O I N T I N G DE P U T Y RE P O RT E R

When the official court reporter is unable to perform the duties

in 13.1 or 13.2 because of illness, press of official work, or

unavoidable absence or disability, the trial court may designate a

deputy reporter. If the court appoints a deputy reporter, that

person must file with the trial court clerk a document stating:

(a) the date the deputy worked;

(b) the court in which the deputy worked; and

worked.

RU L E 13.6. FI L I N G O F NOT E S I N

A CR I M I N A L CA S E

When a defendant is convicted and sentenced, or is granted

deferred adjudication for a felony other than a state jail felony,

and does not appeal, the court reporter must—within 20 days

after the time to perfect the appeal has expired—file the

untranscribed notes or the original recording of the proceed-

ing with the trial court clerk. The trial court clerk need not

retain the notes beyond 15 years of their filing date.

RULE 14. RECORDING AND

BROADCASTING CO URT PROCEEDINGS

U LE 1 4.1 . RE CO R DI N G A ND

BROAD C A S T I N G PER M IT T E D

An appellate court may permit courtroom proceedings to be

broadcast, televised, recorded, or photographed in accordance

with this rule.

RU L E 14.2. PR O C E D U R E

(a) Request to cover court proceeding.

(1) A person wishing to broadcast, televise, record, or pho-

tograph a court proceeding must file with the court clerk a

request to cover the proceeding. The request must state:

(A) the case style and number;

(B) the date and time when the proceeding is to begin;

(D) the type of coverage requested (for example, televis-

ing or photographing); and

(E) the type and extent of equipment to be used.

(2) A request to cover argument of a case must be filed no

later than five days before the date the case is set for argument

nd must be served on all parties to the case. A request to

cover any other proceeding must be filed no later than two

days before the date when the proceeding is to begin.

(b) Response. Any party may file a response to the request. If

the request is to cover argument, the response must be filed

o later than two days before the date set for argument. If a

party objects to coverage of the argument, the response should

state the injury that will allegedly result from coverage.

justice, shorten the time for filing a document under this rule

if no party or interested person would be unduly prejudiced.

(d) Decision of court. In deciding whether to allow coverage, the

court may consider information known ex parte to the court.

The court may allow, deny, limit, or terminate coverage for any

reason the court considers necessary or appropriate, such as pro-

tecting the parties’ rights or the dignity of the court and ensur-

ing the orderly conduct of the proceedings.

RU L E 14.3. EQ U I P M E N T A N D PE RS O NN E L

The court may, among other things:

(a) require that a person seeking to cover a proceeding demon-

strate or display the equipment that will be used;

(b) prohibit equipment that produces distracting sound or light;

is operating, or require their concealment;

(d) prohibit moving lights, flash attachments, or sudden light-

ing changes;

(e) require the use of the courtroom’s existing video, audio, and

lighting systems, if any;

(f) specify the placement of personnel and equipment;

(g) determine the number of cameras to be allowed in the

courtroom; and

(h) require pooling of equipment if more than one person

wishes to cover a proceeding.

RU L E 14.4. EN F O R C E M E N T

The court may sanction a violation of this rule by measures that

include barring a person or organization from access to future

coverage of proceedings in that court for a defined period.

RULE 15. ISSUANCE O F WRIT OR

PRO CES S BY APPELLATE COURT

U LE 1 5.1 . IN GE NE R AL

(a) Signature under seal. A writ or process issuing from an appel-

late court must bear the court’s seal and be signed by the clerk.

(b) To whom directed; by whom served. Unless a rule or statute

provides otherwise, the writ or process must be directed to the

person or court to be served. The writ or process may be served

by the sheriff, constable, or other peace officer whose jurisdic-

tion includes the county in which the person or court to be

served may be found.

process must be returned to the issuing court according to the

writ’s direction. If the writ or process is not executed, the clerk

may issue another writ or process if requested by the party who

requested the former writ or process. At a party’s request, the

clerk may issue two or more writs simultaneously.

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14 RU L E S O F A P P E L L AT E P R O C E D U R E

RU L E 15.2. AP P E A R A N C E WI T H O U T SE RV I C E ;

C TUA L KN OW L E D G E

A party who appears in person or by attorney in an appellate

court proceeding—or who has actual knowledge of the court’s

opinion, judgment, or order related to a writ or process—is

bound by the opinion, judgment, or order to the same extent

s if personally served under 15.1.

RULE 16. DISQUALIFICATION OR

RECUSAL OF APPELLATE JUDGES

U LE 1 6.1 . GRO U N D S F O R DI S QUA L I F I C AT IO N

The grounds for disqualification of an appellate court justice

or judge are determined by the Constitution and laws of Texas.

RU L E 16.2. GR O U N D S F O R RE C U S A L

The grounds for recusal of an appellate court justice or judge

are the same as those provided in the Rules of Civil Procedure.

In addition, a justice or judge must recuse in a proceeding if it

presents a material issue which the justice or judge participated

in deciding while serving on another court in which the pro-

ceeding was pending.

RU L E 16.3. PR O C E D U R E F O R R E C U S A L

(a) Motion. A party may file a motion to recuse a justice or

judge before whom the case is pending. The motion must be

filed promptly after the party has reason to believe that the jus-

tice or judge should not participate in deciding the case.

(b) Decision. Before any further proceeding in the case, the

challenged justice or judge must either remove himself or her-

self from all participation in the case or certify the matter to

the entire court, which will decide the motion by a majority of

the remaining judges sitting en banc. The challenged justice or

judge must not sit with the remainder of the court to consider

the motion as to him or her.

of a recusal motion is reviewable.

RULE 17. COURT OF APPEALS UN ABL E

TO TAKE I MME DIATE ACTI ON

U LE 1 7.1 . IN AB I LI T Y TO AC T

A court of appeals is unable to take immediate action if it can-

not—within the time when action must be taken—assemble a

panel because members of the court are ill, absent, or unavail-

able. A justice who is disqualified or recused is unavailable. A

court of appeals’ inability to act immediately may be established

by certificate of the clerk, a member of the court, or a party’s

counsel, or by affidavit of a party.

RU L E 17.2. NE A R E S T AVAI L A B L E

COU RT O F AP P E A L S

If a court of appeals is unable to take immediate action, the

nearest court of appeals that is able to take immediate action

may do so with the same effect as the other court. The nearest

court of appeals is the one whose courthouse is nearest—mea-

sured by a straight line—the courthouse of the trial court.

RU L E 17.3. FU RT H E R PROC E ED I NG S

After acting or refusing to act, the nearest court of appeals

must promptly send a copy of its order, and the original or a

copy of any document presented to it, to the other court,

which will conduct any further proceedings in the matter.

RULE 18. MANDATE

U LE 1 8.1 . IS SUA N C E

The clerk of the appellate court that rendered the judgment

must issue a mandate in accordance with the judgment and send

it to the clerk of the court to which it is directed and to all parties

to the proceeding when one of the following periods expires:

(a) In the court of appeals.

(1) Ten days after the time has expired for filing a motion

to extend time to file a petition for review or a petition for

discretionary review if:

(A) no timely petition for review or petition for discre-

tionary review has been filed;

(B) no timely filed motion to extend time to file a petition

for review or petition for discretionary review is pending;

and

has not granted review on its own initiative.

(2) Ten days after the time has expired for filing a motion

to extend time to file a motion for rehearing of a denial,

refusal, or dismissal of a petition for review, or a refusal or

dismissal of a petition for discretionary review, if no timely

filed motion for rehearing or motion to extend time is

pending.

(b) In the Supreme Court and the Court of Criminal Appeals.

Ten days after the time has expired for filing a motion to

extend time to file a motion for rehearing if no timely filed

motion for rehearing or motion to extend time is pending.

parties so agree, or for good cause on the motion of a party.

RU L E 18.2. STAY O F MA N D AT E

A party may move to stay issuance of the mandate pending the

United States Supreme Court’s disposition of a petition for

writ of certiorari. The motion must state the grounds for the

petition and the circumstances requiring the stay. The appel-

late court authorized to issue the mandate may grant a stay if

it finds that the grounds are substantial and that the petitioner

or others would incur serious hardship from the mandate’s

issuance if the United States Supreme Court were later to

reverse the judgment. In a criminal case, the stay will last for

no more than 90 days, to permit the timely filing of a petition

for writ of certiorari. After that period and others mentioned

in this rule expire, the mandate will issue.

RU L E 18.3. TR I A L COU RT CA S E NU M B E R

The mandate must state the trial court case number.

RU L E 18.4. FI L I N G O F MA N D AT E

The clerk receiving the mandate will file it with the case’s other

papers and note it on the docket.

RU L E 18.5. CO S TS

The mandate will be issued without waiting for costs to be

paid. If the Supreme Court declines to grant review, Supreme

Court costs must be included in the court of appeals’ mandate.

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RU L E 18.6. MA N D ATE I N

AC C E L E R AT E D AP P E A L S

The appellate court’s judgment on an appeal from an inter-

locutory order takes effect when the mandate is issued. The

court may issue the mandate with its judgment or delay the

mandate until the appeal is finally disposed of. If the mandate

s issued, any further proceeding in the trial court must con-

form to the mandate.

RU L E 18.7. RE C A L L O F MA N D AT E

If an appellate court vacates or modifies its judgment or order

after issuing its mandate, the appellate clerk must promptly

notify the clerk of the court to which the mandate was directed

and all parties. The mandate will have no effect and a new

mandate may be issued.

RULE 19. PLENARY POWER OF TH E

COURTS OF APPEALS AND

EXPIRATION O F TERM

U LE 1 9.1 . PL EN A RY P OW E R O F

COU RTS O F AP P E A L S

A court of appeals’ plenary power over its judgment expires:

(a) 60 days after judgment if no timely filed motion for rehear-

ing or en banc reconsideration, or timely filed motion to

extend time to file such a motion, is then pending; or

(b) 30 days after the court overrules all timely filed motions for

rehearing or en banc reconsideration, and all timely filed

motions to extend time to file such a motion.

RU L E 19.2. PL E N A RY POWE R CO N T I N U E S AF T E R

PE T I T I O N FI L E D

In a civil case, the court of appeals retains plenary power to

vacate or modify its judgment during the periods prescribed in

19.1 even if a party has filed a petition for review in the

Supreme Court.

RU L E 19.3. PR O C E E D I N G S AF T E R PL E N A RY

POW E R EX P I R E S

After its plenary power expires, the court cannot vacate or

modify its judgment. But the court may:

(a) correct a clerical error in its judgment or opinion;

(b) issue and recall its mandate as these rules provide;

rules or applicable law provide;

(d) order or modify the amount and type of security required

to suspend a judgment, and decide the sufficiency of the

sureties, under Rule 24; and

(e) order its opinion published in accordance with Rule 47.

RU L E 19.4. EX P I R AT I O N O F T E R M

The expiration of the appellate court’s term does not affect the

court’s plenary power or its jurisdiction over a case that is

pending when the court’s term expires.

RULE 20. WHEN PARTY IS INDIGENT

U LE 2 0.1 . CI VI L CA SE S

(a) Costs Defined. In this rule, “costs” mean filing fees charged by

the appellate court. Fees charged for preparation of the appellate

record are governed by Texas Rule of Civil Procedure 145.

(b) When a Statement Was Filed in the Trial Court.

(1) General Rule; Status in Trial Court Carries Forward. A

party who filed a Statement of Inability to Afford Payment

f Court Costs in the trial court is not required to pay costs

in the appellate court unless the trial court overruled the

party’s claim of indigence in an order that complies with

Texas Rule of Civil Procedure 145. A party is not required

to pay costs in the appellate court if the trial court ordered

he party to pay partial costs or to pay costs in installments.

(2) Establishing the Right to Proceed Under the General

Rule. To establish the right to proceed without payment of

costs under (1), a party must communicate to the appellate

court clerk in writing that the party is presumed indigent

under this rule. In an appeal under Section Two of these

rules, the applicability of the presumption should be stated

in the notice of appeal and in the docketing statement.

(3) Exception; Material Change in Circumstances. An appel-

late court may permit a party who is not entitled to proceed

under (1) to proceed without payment of costs if the party

establishes that the party’s financial circumstances have

materially changed since the date of the trial court’s order

under Texas Rule of Civil Procedure 145.

(A) Requirements. The party must file a motion in the

appellate court alleging that the party’s financial circum-

stances have materially changed since the date of the trial

court’s order and a current Statement of Inability to Afford

Payment of Court Costs that complies with Texas Rule of

Civil Procedure 145. The Statement that was filed in the

trial court does not meet the requirements of this rule.

(B) Action by Appellate Court. The appellate court may

decide the motion based on the record or refer the

motion to the trial court with instructions to hear evi-

dence and issue findings of fact. If a motion is referred

to the trial court, the appellate court must review the

trial court’s findings and the record of the hearing before

ruling on the motion.

late court may permit a party who did not file a Statement of

Inability to Afford Payment of Court Costs in the trial court

to proceed without payment of costs. The court may require

the party to file a Statement in the appellate court. If the court

denies the party’s request to proceed without payment of costs,

it must do so in a written order.

RU L E 20.2. CR I M I N A L CAS E S

Within the time for perfecting the appeal, an appellant who is

unable to pay for the appellate record may, by motion and affi-

davit, ask the trial court to have the appellate record furnished

without charge. If after hearing the motion the court finds that

the appellant cannot pay or give security for the appellate

record, the court must order the reporter to transcribe the pro-

ceedings. When the court certifies that the appellate record has

been furnished to the appellant, the reporter must be paid

from the general funds of the county in which the offense was

committed, in the amount set by the trial court.

INDIGENT DEFENDANTS

Indigency determinations for purposes of a free record for

appeal require a two-step process. First, the defendant must

make a prima facie showing of indigency. See Whitehead v.

State, 130 S.W.3d 866, 874 (Tex. Crim. App. 2004). Once the

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defendant meets the initial burden, the State must show that the

efendant is not, in fact, indigent. McFatridge v. State, 309

S.W.3d 1 (Tex. Crim. App. 2010).



RELATED STATUTE

ee also Civil Practice & Remedies Code §13.003.

SECTION TWO: APPEALS

FROM TRIAL COURT

JUDGMENTS AND ORDERS

RULE 21. NEW TRIALS IN

CRIMINAL CASES

U LE 2 1.1 . DE FI N IT I O N S

(a) New trial means the rehearing of a criminal action after the

trial court has, on the defendant’s motion, set aside a finding

or verdict of guilt.

(b) New trial on punishment means a new hearing of the pun-

ishment stage of a criminal action after the trial court has, on

the defendant’s motion, set aside an assessment of punishment

without setting aside a finding or verdict of guilt.

RU L E 21.2. WH E N MOTI O N F OR

NEW TR I A L RE QU I R E D

A motion for new trial is a prerequisite to presenting a point

of error on appeal only when necessary to adduce facts not in

the record.

RU L E 21.3. GR O U N D S

The defendant must be granted a new trial, or a new trial on

punishment, for any of the following reasons:

(a) except in a misdemeanor case in which the maximum pos-

sible punishment is a fine, when the defendant has been

unlawfully tried in absentia or has been denied counsel;

(b) when the court has misdirected the jury about the law or

has committed some other material error likely to injure the

defendant’s rights;

other than a fair expression of the jurors’ opinion;

(d) when a juror has been bribed to convict or has been guilty

of any other corrupt conduct;

(e) when a material defense witness has been kept from court

by force, threats, or fraud, or when evidence tending to estab-

lish the defendant’s innocence has been intentionally destroyed

or withheld, thus preventing its production at trial;

(f) when, after retiring to deliberate, the jury has received

other evidence; when a juror has talked with anyone about the

case; or when a juror became so intoxicated that his or her vote

was probably influenced as a result;

(g) when the jury has engaged in such misconduct that the

defendant did not receive a fair and impartial trial; or

(h) when the verdict is contrary to the law and the evidence.

GROUNDS FOR NEW TRIAL

The mandatory grounds for new trial found in T.R.App.P. 21.3

are not an exhaustive list. State v. Evans, 843 S.W.2d 576 (Tex.

Crim. App. 1992). The trial court also has the discretion to

grant a new trial in the interest of justice, but only if the defen-

dant has articulated a legal reason for granting the motion.

State v. Herndon, 215 S.W.3d 901 (Tex. Crim. App. 2007);

State v. Thomas, 428 S.W.3d 99 (Tex. Crim. App. 2014) (new

trial in the interest of justice not allowed on a claim that defense

ounsel failed to call an exculpatory witness who was known to

him and available at trial); State v. Arizmendi, 519 S.W.3d 143

(Tex. Crim. App. 2017) (a ruling and testimony from co-defen-

dant’s suppression hearing not “new evidence”). Some other

examples of grounds for new trial include:

. Juror intentionally withheld or misrepresented materi-

al information in the voir dire process. Von January v. State,

76 S.W.2d 43 (Tex. Crim. App. 1978); Salazar v. State,

562 S.W.2d 480 (Tex. Crim. App. 1978).

. Batson error. State v. Dixon, 893 S.W.2d 286 (Tex.

App. — Texarkana 1995, no pet.).

3. Involuntary plea based on promises of the prosecutor.

State v. Hartman, 810 S.W.2d 22 (Tex. App. — Beaumont

1991, no pet.).

4. Jury argument commenting on the defendant’s failure

to testify. State v. Howard, 838 S.W.2d 926 (Tex. App. —

Austin 1992, no pet.).

5. Ineffective assistance of counsel. Reyes v. State, 849

S.W.2d 812 (Tex. Crim. App. 1993).

JURY MISCONDUCT

Jury misconduct is governed by Rule 21.3 and T.R.Evid. 606(b).

New Rule 606(b) substantially restricts the defendant’s ability to

inquire into jury deliberations. Rule 21.3 sets out three grounds

for jury misconduct that can potentially get a defendant a new

trial: (1) deciding a verdict unfairly; (2) receiving other evidence,

unauthorized conversations, or being intoxicated while deliberat-

ing; or (3) depriving the defendant of a fair and impartial trial. A

juror can testify after trial only: (1) about whether an outside influ-

ence was brought to bear upon a juror, or (2) to rebut a claim that

the juror was not qualified. T.R.Evid. 606(b), effectively overruling

Buentello v. State, 826 S.W.2d 610 (Tex. Crim. App. 1992). Not

every statement made by a juror based upon his personal experi-

ence will be considered an improper outside influence. Saenz v.

State, 976 S.W.2d 314 (Tex. App. — Corpus Christi 1998, no

pet.); Guice v. State, 900 S.W.2d 387 (Tex. App. — Texarkana

1995, pet. ref’d). [For more information on jury misconduct, see

the annotation under T.R.Evid. 606.]

RU L E 21.4. TI M E TO FI LE A N D

AME N D MO T I O N

(a) To file. The defendant may file a motion for new trial

before, but no later than 30 days after, the date when the trial

court imposes or suspends sentence in open court.

(b) To amend. Within 30 days after the date when the trial

court imposes or suspends sentence in open court but before

the court overrules any preceding motion for new trial, a

defendant may, without leave of court, file one or more

amended motions for new trial.

UNSWORN IS SUFFICIENT

A defendant’s unsworn declarations accompanying his motion

that use the phrases “according to my belief ” and “under penal-

ty of perjury” are sufficient to support a motion for new trial.

Bahm v. State, 219 S.W.3d 391 (Tex. Crim. App. 2007)

(unsworn declarations must meet the statutory requirements of

Civil Practice & Remedies Code §132.001). See also Rouse v.

State, 300 S.W.3d 754 (Tex. Crim. App. 2009).

RU L E 21.5. STATE MAY CO N T R O V E RT; EF F E C T

The State may oppose in writing any reason the defendant sets

forth in the motion for new trial. The State’s having opposed a

motion for new trial does not affect a defendant’s responsibil-

ities under 21.6.

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RU L E 21.6. TI M E TO PR ES E NT

The defendant must present the motion for new trial to the

trial court within 10 days of filing it, unless the trial court in

ts discretion permits it to be presented and heard within 75

days from the date when the court imposes or suspends sen-

tence in open court.

PRESENTING MOTIONS

A docket-sheet entry without a signed order is sufficient to show

“

presentment” of a motion for new trial filed the same day the

defendant claims to have presented it to the trial court. Stokes v.

tate, 277 S.W.3d 20 (Tex. Crim. App. 2009). Rule 21.6 does

not expressly state that a judge’s signature is necessary to satisfy

the requirement.

RU L E 21.7. TY P E S O F EV I D E N C E

ALL OW E D AT HE A R I N G

The court may receive evidence by affidavit or otherwise.

TESTIMONY V. AFFIDAVIT

There is no per se rule that a trial court must hear testimony

whenever there is a factual dispute in affidavits on a motion for

new trial and a party asks for testimony. A trial court abuses its

discretion only in failing to hold a hearing when a defendant

presents a motion for new trial raising matters that may not be

determined from the record. Holden v. State, 201 S.W.3d 761

(Tex. Crim. App. 2006).

RU L E 21.8. CO U RT ’S RU L I N G

(a) Time to rule. The court must rule on a motion for new trial

within 75 days after imposing or suspending sentence in open

court.

(b) Ruling. In ruling on a motion for new trial, the court may

make oral or written findings of fact. The granting of a motion

for new trial must be accomplished by written order. A docket

entry does not constitute a written order.

order will be deemed denied when the period prescribed in

(a) expires.

HEARINGS

The right to a hearing on a motion for new trial is not absolute.

Rozell v. State, 176 S.W.3d 228, 230 (Tex. Crim. App. 2005).

The defendant must both timely file a motion with supporting

affidavits showing that error occurred and present the motion to

the trial court. Rozell, 176 S.W.3d at 230. Merely filing a

motion for new trial does not constitute “presentment” under

T.R.App.P. 21.6. Thompson v. State, 243 S.W.3d 774 (Tex.

App. — Fort Worth 2007, pet. ref’d); Baker v. State, 956

S.W.2d 19 (Tex. Crim. App. 1997). When the defendant must

adduce facts not in the record to present them on appeal, he

must file a motion for new trial and obtain a hearing.

T.R.App.P. 21.2; Rozell. The defendant must obtain a hearing

on the motion before the motion for new trial is overruled by

operation of law. Rozell.

EVIDENCE ALLOWED

The trial court can receive evidence in a motion for new trial by

affidavit or otherwise. Lopez v. State, 895 S.W.2d 392 (Tex.

App. — Corpus Christi 1994, no pet.).

TRIAL COURT RULING

The trial court can only grant a new trial within the 75-day

window discussed in Rule 21.8, but there is no similar time

limit on the court’s authority to rescind the order. Kirk v. State,

454 S.W.3d 511 (Tex. Crim. App. 2015). Any motion not time-

ly ruled on before the end of the 75-day period is deemed

enied. TRAP 21.8(a), (c); Stokes v. State, 277 S.W.3d 20, 21

(Tex. Crim. App. 2009).

RU L E 21.9. GR A N T I N G A NE W TR I A L

(a) A court must grant a new trial when it has found a merito-

ious ground for new trial, but a court must grant only a new

trial on punishment when it has found a ground that affected

only the assessment of punishment.

(b) Granting a new trial restores the case to its position before

the former trial, including, at any party’s option, arraignment or

pretrial proceedings initiated by that party.

position after the defendant was found guilty. Unless the

defendant, State, and trial court all agree to a change, punish-

ment in a new trial shall be assessed in accordance with the

defendant’s original election under article 37.07, §2(b) of the

Code of Criminal Procedure.

(d) A finding or verdict of guilt in the former trial must not be

regarded as a presumption of guilt, nor may it be alluded to in

the presence of the jury that hears the case on retrial of guilt. A

finding of fact or an assessment of punishment in the former

trial may not be allluded to in the presence of the jury that hears

the case on retrial of punishment.

RULE 22. ARREST OF JUDGMENT IN

CRIMINAL CASES

U LE 2 2.1 . DE FI N IT I O N

Motion in arrest of judgment means a defendant’s oral or writ-

ten suggestion that, for reasons stated in the motion, the judg-

ment rendered against the defendant was contrary to law. Such

a motion is made in the trial court.

RU L E 22.2. GR O U N D S

The motion may be based on any of the following grounds:

(a) that the indictment or information is subject to an excep-

tion on substantive grounds;

(b) that in relation to the indictment or information a verdict

is substantively defective; or

RU L E 22.3. TI M E TO FI LE MOT I O N

A defendant may file a motion in arrest of judgment before,

but no later than 30 days after, the date when the trial court

imposes or suspends sentence in open court.

RU L E 22.4. CO U RT ’S RU L I N G

(a) Time to rule; form of ruling. The court must rule on a motion

in arrest of judgment within 75 days after imposing or suspend-

ing sentence in open court. The ruling may be oral or in writing.

(b) Failure to rule. A motion not timely ruled on will be

deemed denied when the period prescribed in (a) expires.

RU L E 22.5. EF F E C T O F DE N Y I N G

For purposes of the defendant’s giving notice of appeal, an

order denying a motion in arrest of judgment will be consid-

ered an order denying a motion for new trial.

RU L E 22.6. EF F E C T O F GR A N T I N G

(a) Defendant restored. If judgment is arrested, the defendant is

restored to the position that he or she had before the indict-

ment or information was presented.

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18 RU L E S O F A P P E L L AT E P R O C E D U R E

(b) Defendant discharged or remanded. If the judgment is arrest-

ed, the defendant will be discharged. But the trial court may

remand the defendant to custody or fix bail if the court deter-

ines, from the evidence adduced at trial, that the defendant

may be convicted on a proper indictment or information, or on

a proper verdict in relation to the indictment or information.

RULE 23. NUNC PRO TUNC

PRO CEE DIN GS IN CR IMI NAL C ASES

RU L E 23.1. JU D G M E N T A ND SE N T E N C E

Unless the trial court has granted a new trial or arrested the

judgment, or unless the defendant has appealed, a failure to

render judgment and pronounce sentence may be corrected at

any time by the court’s doing so.

RU L E 23.2. CR E D I T O N SE N T E N C E

When sentence is pronounced, the trial court must give the

defendant credit on that sentence for:

(a) all time the defendant has been confined since the time

when judgment and sentence should have been entered and

pronounced; and

(b) all time between the defendant’s arrest and confinement to

the time when judgment and sentence should have been

entered and pronounced.

RULE 24. SUSPENSION O F

ENFORC EME NT OF JU DGM ENT

PENDING APPEAL IN CIVIL CASES

U LE 2 4.1 . SU SP E N S I O N O F EN F O RC EM E NT

(a) Methods. Unless the law or these rules provide otherwise, a

judgment debtor may supersede the judgment by:

(1) filing with the trial court clerk a written agreement with

the judgment creditor for suspending enforcement of the

judgment;

(2) filing with the trial court clerk a good and sufficient

bond;

(3) making a deposit with the trial court clerk in lieu of a

bond; or

(4) providing alternate security ordered by the court.

(b) Bonds.

(1) A bond must be:

(A) in the amount required by 24.2;

(B) payable to the judgment creditor;

(D) signed by a sufficient surety or sureties as obligors;

and

(E) conditioned as required by (d).

(2) To be effective a bond must be approved by the trial

court clerk. On motion of any party, the trial court will

review the bond.

(1) Types of deposits. Instead of filing a surety bond, a party

may deposit with the trial court clerk:

(A) cash;

(B) a cashier’s check payable to the clerk, drawn on any

federally insured and federally or state-chartered bank or

savings-and-loan association; or

eral government or of any federally insured and federally

or state-chartered bank or savings-and-loan association.

(2) Amount of deposit. The deposit must be in the amount

equired by 24.2.

(3) Clerk’s duties; interest. The clerk must promptly deposit

any cash or a cashier’s check in accordance with law. The

clerk must hold the deposit until the conditions of liability

in (d) are extinguished. The clerk must then release any

emaining funds in the deposit to the judgment debtor.

(d) Conditions of liability. The surety or sureties on a bond, any

deposit in lieu of a bond, or any alternate security ordered by

the court is subject to liability for all damages and costs that

may be awarded against the debtor—up to the amount of the

bond, deposit, or security—if:

(1) the debtor does not perfect an appeal or the debtor’s

appeal is dismissed, and the debtor does not perform the

trial court’s judgment;

(2) the debtor does not perform an adverse judgment final

on appeal; or

(3) the judgment is for the recovery of an interest in real or

personal property, and the debtor does not pay the creditor

the value of the property interest’s rent or revenue during

the pendency of the appeal.

(e) Orders of trial court. The trial court may make any order

necessary to adequately protect the judgment creditor against

loss or damage that the appeal might cause.

(f) Effect of supersedeas. Enforcement of a judgment must be

suspended if the judgment is superseded. Enforcement begun

before the judgment is superseded must cease when the judg-

ment is superseded. If execution has been issued, the clerk will

promptly issue a writ of supersedeas.

RU L E 24.2. AM O U N T O F BO N D ,

E PO S IT O R S E C U R I T Y

(a) Type of judgment.

(1) For recovery of money. When the judgment is for money,

the amount of the bond, deposit, or security must equal the

sum of compensatory damages awarded in the judgment,

interest for the estimated duration of the appeal, and costs

awarded in the judgment. But the amount must not exceed

the lesser of:

(A) 50 percent of the judgment debtor's current net

worth; or

(B) 25 million dollars.

(2) For recovery of property. When the judgment is for the

recovery of an interest in real or personal property, the trial

court will determine the type of security that the judgment

debtor must post. The amount of that security must be at least:

(A) the value of the property interest's rent or revenue,

if the property interest is real; or

(B) the value of the property interest on the date when

the court rendered judgment, if the property interest is

personal.

(3) Other judgment. When the judgment is for something

other than money or an interest in property, the trial court

must set the amount and type of security that the judgment

debtor must post. The security must adequately protect the

judgment creditor against loss or damage that the appeal

might cause. But the trial court may decline to permit the

judgment to be superseded if the judgment creditor posts

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security ordered by the trial court in an amount and type

that will secure the judgment debtor against any loss or

damage caused by the relief granted the judgment creditor

f an appellate court determines, on final disposition, that

that relief was improper. When the judgment debtor is the

state, a department of this state, or the head of a depart-

ment of this state, the trial court must permit a judgment

to be superseded except in a matter arising from a contested

ase in an administrative enforcement action.

(4) Conservatorship or custody. When the judgment involves

the conservatorship or custody of a minor or other person

under legal disability, enforcement of the judgment will not

be suspended, with or without security, unless ordered by

the trial court. But upon a proper showing, the appellate

court may suspend enforcement of the judgment with or

without security.

(5) For a governmental entity. When a judgment in favor of

a governmental entity in its governmental capacity is one in

which the entity has no pecuniary interest, the trial court

must determine whether to suspend enforcement, with or

without security, taking into account the harm that is likely

to result to the judgment debtor if enforcement is not sus-

pended, and the harm that is likely to result to others if

enforcement is suspended. The appellate court may review

the trial court’s determination and suspend enforcement of

the judgment, with or without security, or refuse to suspend

the judgment. If security is required, recovery is limited to

the governmental entity’s actual damages resulting from

suspension of the judgment.

(b) Lesser amount. The trial court must lower the amount of

security required by (a) to an amount that will not cause the

judgment debtor substantial economic harm if, after notice to

all parties and a hearing, the court finds that posting a bond,

deposit, or security in the amount required by (a) is likely to

cause the judgment debtor substantial economic harm.

(1) Judgment debtor’s affidavit required; contents; prima facie

evidence. A judgment debtor who provides a bond, deposit,

or security under (a)(1)(A) in an amount based on the

debtor’s net worth must simultaneously file with the trial

court clerk an affidavit that states the debtor’s net worth

and states complete, detailed information concerning the

debtor’s assets and liabilities from which net worth can be

ascertained. An affidavit that meets these requirements is

prima facie evidence of the debtor’s net worth for the pur-

pose of establishing the amount of the bond, deposit, or

security required to suspend enforcement of the judgment.

A trial court clerk must receive and file a net-worth affidavit

tendered for filing by a judgment debtor.

(2) Contest; discovery. A judgment creditor may file a contest

to the debtor's claimed net worth. The contest need not be

sworn. The creditor may conduct reasonable discovery con-

cerning the judgment debtor’s net worth.

(3) Hearing; burden of proof; findings; additional security.

The trial court must hear a judgment creditor’s contest of

the judgment debtor’s claimed net worth promptly after

any discovery has been completed. The judgment debtor

has the burden of proving net worth. The trial court must

issue an order that states the debtor’s net worth and states

with particularity the factual basis for that determination. If

the trial court orders additional or other security to super-

sede the judgment, the enforcement of the judgment will

be suspended for twenty days after the trial court’s order. If

he judgment debtor does not comply with the order with-

in that period, the judgment may be enforced against the

judgment debtor.

(d) Injunction. The trial court may enjoin the judgment debtor

from dissipating or transferring assets to avoid satisfaction of

he judgment, but the trial court may not make any order that

interferes with the judgment debtor’s use, transfer, conveyance,

or dissipation of assets in the normal course of business.

Amended effective May 1, 2018.

RU L E 24.3. CO N T I N U I N G TR IA L CO URT

JUR I SD I CT I ON ; DU T I E S O F JU D G M E N T DE B TO R

(a) Continuing jurisdiction. Even after the trial court’s plenary

power expires, the trial court has continuing jurisdiction to do

the following:

(1) order the amount and type of security and decide the

sufficiency of sureties; and

(2) if circumstances change, modify the amount or type of

security required to continue the suspension of a judg-

ment’s execution.

(b) Duties of judgment debtor. If, after jurisdiction attaches in

an appellate court, the trial court orders or modifies the secu-

rity or decides the sufficiency of sureties, the judgment debtor

must notify the appellate court of the trial court’s action.

RU L E 24.4. AP P E L L AT E REV I E W

(a) Motions; review. A party may seek review of the trial court’s

ruling by motion filed in the court of appeals with jurisdiction

or potential jurisdiction over the appeal from the judgment in

the case. A party may seek review of the court of appeals’ ruling

on the motion by petition for writ of mandamus in the

Supreme Court. The appellate court may review:

(1) the sufficiency or excessiveness of the amount of securi-

ty, but when the judgment is for money, the appellate court

must not modify the amount of security to exceed the lim-

its imposed by Rule 24.2(a)(1);

(2) the sureties on any bond;

(3) the type of security;

(4) the determination whether to permit suspension of

enforcement; and

(5) the trial court’s exercise of discretion under 24.3(a).

(b) Grounds of review. Review may be based both on conditions

as they existed at the time the trial court signed an order and

on changes in those conditions afterward.

rary orders necessary to preserve the parties’ rights.

(d) Action by appellate court. The motion must be heard at the

earliest practicable time. The appellate court may require that

the amount of a bond, deposit, or other security be increased

or decreased, and that another bond, deposit, or security be

provided and approved by the trial court clerk. The appellate

court may require other changes in the trial court order. The

appellate court may remand to the trial court for entry of find-

ings of fact or for the taking of evidence.

(e) Effect of ruling. If the appellate court orders additional or

other security to supersede the judgment, enforcement will be

suspended for 20 days after the appellate court’s order. If the

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20 RU L E S O F A P P E L L AT E P R O C E D U R E

judgment debtor does not comply with the order within that

period, the judgment may be enforced. When any additional

bond, deposit, or security has been filed, the trial court clerk

ust notify the appellate court. The posting of additional secu-

rity will not release the previously posted security or affect any

alternative security arrangements that the judgment debtor pre-

viously made unless specifically ordered by the appellate court.

RULE 25. PERFECTING A PPEAL

U LE 2 5.1 . CI VI L CA SE S

(a) Notice of appeal. An appeal is perfected when a written

notice of appeal is filed with the trial court clerk. If a notice of

appeal is mistakenly filed with the appellate court, the notice

is deemed to have been filed the same day with the trial court

clerk, and the appellate clerk must immediately send the trial

court clerk a copy of the notice.

(b) Jurisdiction of appellate court. The filing of a notice of

appeal by any party invokes the appellate court’s jurisdiction

over all parties to the trial court’s judgment or order appealed

from. Any party’s failure to take any other step required by

these rules, including the failure of another party to perfect an

appeal under (c), does not deprive the appellate court of juris-

diction but is ground only for the appellate court to act appro-

priately, including dismissing the appeal.

court’s judgment or other appealable order must file a notice

of appeal. Parties whose interests are aligned may file a joint

notice of appeal. The appellate court may not grant a party

who does not file a notice of appeal more favorable relief than

did the trial court except for just cause.

(d) Contents of notice. The notice of appeal must:

(1) identify the trial court and state the case’s trial court

number and style;

(2) state the date of the judgment or order appealed from;

(3) state that the party desires to appeal;

(4) state the court to which the appeal is taken unless the

appeal is to either the First or Fourteenth Court of Appeals,

in which case the notice must state that the appeal is to

either of those courts;

(5) state the name of each party filing the notice;

(6) in an accelerated appeal, state that the appeal is acceler-

ated and state whether it is a parental termination or child

protection case, as defined in Rule 28.4;

(7) in a restricted appeal:

(A) state that the appellant is a party affected by the trial

court’s judgment but did not participate—either in per-

son or through counsel—in the hearing that resulted in

the judgment complained of;

(B) state that the appellant did not timely file either a

postjudgment motion, request for findings of fact and

conclusions of law, or notice of appeal; and

have counsel.

(8) state, if applicable, that the appellant is presumed indi-

gent and may proceed without paying costs under Rule 20.1.

(e) Service of notice. The notice of appeal must be served on all

parties to the trial court’s final judgment or, in an interlocutory

appeal, on all parties to the trial court proceeding.

(f) Clerk’s duties. The trial court clerk must immediately send

a copy of the notice of appeal to the appellate court clerk and

to the court reporter or court reporters responsible for prepar-

ng the reporter’s record.

(g) Amending the notice. An amended notice of appeal correcting

a defect or omission in an earlier filed notice may be filed in the

appellate court at any time before the appellant’s brief is filed. The

amended notice is subject to being struck for cause on the motion

f any party affected by the amended notice. After the appellant’s

brief is filed, the notice may be amended only on leave of the

appellate court and on such terms as the court may prescribe.

(h) Enforcement of judgment not suspended by appeal. The filing

of a notice of appeal does not suspend enforcement of the

judgment. Enforcement of the judgment may proceed unless:

(1) the judgment is superseded in accordance with Rule 24, or

(2) the appellant is entitled to supersede the judgment

without security by filing a notice of appeal.

RU L E 25.2. CR I M I N A L CAS E S

(a) Rights to appeal.

(1) Of the State. The State is entitled to appeal a court’s

order in a criminal case as provided by Code of Criminal

Procedure article 44.01.

(2) Of the defendant. A defendant in a criminal case has the

right of appeal under Code of Criminal Procedure article

44.02 and these rules. The trial court shall enter a certifica-

tion of the defendant’s right of appeal each time it enters a

judgment of guilt or other appealable order other than an

order appealable under Code of Criminal Procedure

Chapter 64. In a plea bargain case—that is, a case in which

a defendant’s plea was guilty or nolo contendere and the

punishment did not exceed the punishment recommended

by the prosecutor and agreed to by the defendant—a defen-

dant may appeal only:

(A) those matters that were raised by written motion

filed and ruled on before trial, [or]

(B) after getting the trial court’s permission to appeal, or

statute.

(b) Perfection of appeal. In a criminal case, appeal is perfected

by timely filing a sufficient notice of appeal. In a death-penalty

case it is unnecessary to file a notice of appeal, but, in every

death-penalty case, the clerk of the trial court shall file a notice

of conviction with the Court of Criminal Appeals within thir-

ty days after the defendant is sentenced to death.

(1) Notice must be given in writing and filed with the trial

court clerk. If the notice of appeal is received in the court

of appeals, the clerk of that court shall immediately record

on the notice the date that it was received and send the

notice to the trial court clerk.

(2) Notice is sufficient if it shows the party’s desire to appeal

from the judgment or other appealable order, and, if the

State is the appellant, the notice complies with Code of

Criminal Procedure article 44.01.

(d) Certification of defendant’s right of appeal. If the defendant

is the appellant, the record must include the trial court’s certi-

fication of the defendant’s right of appeal under Rule

25.2(a)(2). The certification shall include a notice that the

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RU L E S O F A P P E L L AT E P R O C E D U R E 21

defendant has been informed of his rights concerning an

appeal, as well as any right to file a pro se petition for discre-

tionary review. This notification shall be signed by the defen-

ant, with a copy given to him. The certification should be

part of the record when notice is filed, but may be added by

timely amendment or supplementation under this rule or Rule

34.5(c)(1) or Rule 37.1 or by order of the appellate court

under Rule 34.5(c)(2). The appeal must be dismissed if a cer-

ification that shows the defendant has the right of appeal has

not been made part of the record under these rules.

(e) Clerk’s duties. The trial court clerk must note on the copies of

the notice of appeal and the trial court’s certification of the defen-

dant’s right of appeal the case number and the date when each

was filed. The clerk must then immediately send one copy of each

to the clerk of the appropriate court of appeals and, if the defen-

dant is the appellant, one copy of each to the State’s attorney.

(f) Amending the notice or certification. An amended notice of

appeal or trial court’s certification of the defendant’s right of

appeal correcting a defect or omission in an earlier filed notice or

certification, including a defect in the notification of the defen-

dant’s appellate rights, may be filed in the appellate court in

accordance with Rule 37.1, or at any time before the appealing

party’s brief is filed if the court of appeals has not used Rule 37.1.

The amended notice or certification is subject to being struck for

cause on the motion of any party affected by the amended notice

or certification. After the appealing party’s brief is filed, the

notice or certification may be amended only on leave of the

appellate court and on such terms as the court may prescribe.

(g) Effect of appeal. Once the record has been filed in the appel-

late court, all further proceedings in the trial court — except as

provided otherwise by law or by these rules — will be suspend-

ed until the trial court receives the appellate-court mandate.

(h) Advice of right to appeal. When a court enters a judgment or

other appealable order and the defendant has a right of appeal,

the court (orally or in writing) shall advise the defendant of his

right of appeal and of the requirements for timely filing a suffi-

cient notice of appeal.

Amended effective Dec. 1, 2018.

RIGHT TO APPEAL & PLEA BARGAINS

A defendant who gets his plea bargain may not appeal anything

other than a pretrial motion unless the defendant gets the trial

court’s consent. Chavez v. State, 183 S.W.3d 675 (Tex. Crim.

App. 2006). The only time a valid non-negotiated (or “open”)

plea of guilty waives the right to appeal is if the judgment of

guilt was rendered independent of the claimed error. Brasfield v.

State, 18 S.W.3d 232 (Tex. Crim. App. 2000).

TRIAL COURT JURISDICTION

A trial court does not have jurisdiction to conduct a trial before

the appellate mandate following a state interlocutory appeal is

issued. Ex parte Macias, 541 S.W.3d 782 (Tex. Crim. App.

2017). Under Rule of Appellate Procedure 25.2(g), all proceed-

ings in the trial court are suspended once the record is filed in

the appellate court. The trial court resumes jurisdiction only

once it receives the appellate court mandate.

RULE 26. TI ME TO PERF ECT APPEAL

U LE 2 6.1 . CI VI L CA SE S

The notice of appeal must be filed within 30 days after the

judgment is signed, except as follows:

(a) the notice of appeal must be filed within 90 days after the

judgment is signed if any party timely files:

(1) a motion for new trial;

(

2) a motion to modify the judgment;

(3) a motion to reinstate under Texas Rule of Civil

Procedure 165a; or

(4) a request for findings of fact and conclusions of law if

findings and conclusions either are required by the Rules of

ivil Procedure or, if not required, could properly be con-

sidered by the appellate court;

(b) in an accelerated appeal, the notice of appeal must be filed

within 20 days after the judgment or order is signed;

within six months after the judgment or order is signed; and

(d) if any party timely files a notice of appeal, another party

may file a notice of appeal within the applicable period stated

above or 14 days after the first filed notice of appeal, whichever

is later.

RU L E 26.2. CR I M I N A L CAS E S

(a) By the Defendant. The notice of appeal must be filed:

(1) within 30 days after the day sentence is imposed or sus-

pended in open court, or after the day the trial court enters

an appealable order; or

(2) within 90 days after the day sentence is imposed or sus-

pended in open court if the defendant timely files a motion

for new trial.

(b) By the State. The notice of appeal must be filed within 20

days after the day the trial court enters the order, ruling, or

sentence to be appealed.

RU L E 26.3. EX T EN S IO N O F TI M E

The appellate court may extend the time to file the notice of

appeal if, within 15 days after the deadline for filing the notice

of appeal, the party:

(a) files in the trial court the notice of appeal; and

(b) files in the appellate court a motion complying with Rule

10.5(b).

RULE 27. PREMATURE FIL ING S

U LE 2 7.1 . PR EM AT U R E LY FI L E D

NOTI C E O F AP P E A L

(a) Civil cases. In a civil case, a prematurely filed notice of

appeal is effective and deemed filed on the day of, but after, the

event that begins the period for perfecting the appeal.

(b) Criminal cases. In a criminal case, a prematurely filed notice

of appeal is effective and deemed filed on the same day, but

after, sentence is imposed or suspended in open court, or the

appealable order is signed by the trial court. But a notice of

appeal is not effective if filed before the trial court makes a

finding of guilt or receives a jury verdict.

RU L E 27.2. OTH E R PR E M AT UR E AC T I O N S

The appellate court may treat actions taken before an appeal-

able order is signed as relating to an appeal of that order and

give them effect as if they had been taken after the order was

signed. The appellate court may allow an appealed order that is

not final to be modified so as to be made final and may allow

the modified order and all proceedings relating to it to be

included in a supplemental record.

R U L E 2 6 . 1 . C I V I L C A S E S

22 RU L E S O F A P P E L L AT E P R O C E D U R E

RU L E 27.3. IF APP E A L E D OR D E R

MOD I FI E D O R VA C AT E D

After an order or judgment in a civil case has been appealed, if

the trial court modifies the order or judgment, or if the trial

court vacates the order or judgment and replaces it with another

appealable order or judgment, the appellate court must treat the

ppeal as from the subsequent order or judgment and may treat

actions relating to the appeal of the first order or judgment as

relating to the appeal of the subsequent order or judgment. The

subsequent order or judgment and actions relating to it may be

included in the original or supplemental record. Any party may

nonetheless appeal from the subsequent order or judgment.

RULE 28. ACCELERAT ED, AGR EED ,

AND PERMISSIVE APPEALS IN CIVIL

CASES

U LE 2 8.1 . ACC E LE R AT E D AP PE A L S

(a) Types of accelerated appeals. Appeals from interlocutory

orders (when allowed by statute), appeals in quo warranto pro-

ceedings, appeals required by statute to be accelerated or expe-

dited, and appeals required by law to be filed or perfected

within less than 30 days after the date of the order or judgment

being appealed are accelerated appeals.

(b) Perfection of accelerated appeal. Unless otherwise provided by

statute, an accelerated appeal is perfected by filing a notice of

appeal in compliance with Rule 25.1 within the time allowed by

Rule 26.1(b) or as extended by Rule 26.3. Filing a motion for

new trial, any other post-trial motion, or a request for findings

of fact will not extend the time to perfect an accelerated appeal.

findings of fact and conclusions of law but may do so within

30 days after the order is signed.

(d) Quo warranto appeals. The trial court may grant a motion

for new trial timely filed under Texas Rule of Civil Procedure

329b(a)–(b) until 50 days after the trial court’s final judgment

is signed. If not determined by signed written order within

that period, the motion will be deemed overruled by operation

of law on expiration of that period.

(e) Record and briefs. In lieu of the clerk’s record, the appellate

court may hear an accelerated appeal on the original papers

forwarded by the trial court or on sworn and uncontroverted

copies of those papers. The appellate court may allow the case

to be submitted without briefs. The deadlines and procedures

for filing the record and briefs in an accelerated appeal are pro-

vided in Rules 35.1 and 38.6.

RU L E 28.2. AG R E E D IN T E R L O C U TORY AP PE A L S

I N

CIV I L CA S E S

(a) Perfecting appeal. An agreed appeal of an interlocutory

order permitted by statute must be perfected as provided in

Rule 25.1. The notice of appeal must be filed no later than the

20th day after the date the trial court signs a written order

granting permission to appeal, unless the court of appeals

extends the time for filing pursuant to Rule 26.3.

(b) Other requirements. In addition to perfecting appeal, the

appellant must file with the clerk of the appellate court a dock-

eting statement as provided in Rule 32.1 and pay to the clerk

of the appellate court all required fees authorized to be collect-

ed by the clerk.

contain, in addition to the items required by Rule 25.1(d), the

following:

(

1) a list of the names of all parties to the trial court pro-

ceeding and the names, addresses, and telefax numbers of

all trial and appellate counsel;

(2) a copy of the trial court’s order granting permission to

appeal;

(

3) a copy of the trial court order appealed from;

(4) a statement that all parties to the trial court proceeding

agreed to the trial court's order granting permission to appeal;

(5) a statement that all parties to the trial court proceeding

agreed that the order granting permission to appeal involves

a controlling question of law as to which there is a substan-

tial ground for difference of opinion;

(6) a brief statement of the issues or points presented; and

(7) a concise explanation of how an immediate appeal may

materially advance the ultimate termination of the litigation.

(d) Determination of jurisdiction. If the court of appeals deter-

mines that a notice of appeal filed under this rule does not

demonstrate the court’s jurisdiction, it may order the appellant

to file an amended notice of appeal. On a party’s motion or its

own initiative, the court of appeals may also order the appel-

lant or any other party to file briefing addressing whether the

appeal meets the statutory requirements, and may direct the

parties to file supporting evidence. If, after providing an

opportunity to file an amended notice of appeal or briefing

addressing potential jurisdictional defects, the court of appeals

concludes that a jurisdictional defect exists, it may dismiss the

appeal for want of jurisdiction at any stage of the appeal.

(e) Record; briefs. The rules governing the filing of the appellate

record and briefs in accelerated appeals apply. A party may address

in its brief any issues related to the court of appeals’ jurisdiction,

including whether the appeal meets the statutory requirements.

(f) No automatic stay of proceedings in trial court. An agreed

appeal of an interlocutory order permitted by statute does not

stay proceedings in the trial court except as agreed by the par-

ties and ordered by the trial court or the court of appeals.

RU L E 28.3. PE R M I S S I V E AP P E A L S I N CI V I L

CAS E S

(a) Petition required. When a trial court has permitted an

appeal from an interlocutory order that would not otherwise

be appealable, a party seeking to appeal must petition the court

of appeals for permission to appeal.

(b) Where filed. The petition must be filed with the clerk of the

court of appeals having appellate jurisdiction over the action in

which the order to be appealed is issued. The First and

Fourteenth Courts of Appeals must determine in which of

those two courts a petition will be filed.

order to be appealed is signed. If the order is amended by the trial

court, either on its own or in response to a party’s motion, to

include the court’s permission to appeal, the time to petition the

court of appeals runs from the date the amended order is signed.

(d) Extension of time to file petition. The court of appeals may

extend the time to file the petition if the party:

(1) files the petition within 15 days after the deadline, and

(2) files a motion complying with Rule 10.5(b).

(e) Contents. The petition must:

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(1) contain the information required by Rule 25.1(d) to be

included in a notice of appeal;

(2) attach a copy of the order from which appeal is sought;

(

3) contain a table of contents, index of authorities, issues

presented, and a statement of facts; and

(4) argue clearly and concisely why the order to be appealed

involves a controlling question of law as to which there is a

substantial ground for difference of opinion and how an

mmediate appeal from the order may materially advance

the ultimate termination of the litigation.

(f) Response, reply; cross-petition; time for filing. If any party timely

files a petition, any other party may file a response or a cross-peti-

tion within 10 days. A party may file a response to a cross-petition

within 10 days of the date the cross-petition is filed. A petitioner

or cross-petitioner may reply to any matter in a response within 7

days of the date the response is filed. The court of appeals may

extend the time to file a response, reply, and cross-petition.

(g) Length of petition, cross-petition, response, and reply. A peti-

tion, cross-petition, response, and reply must comply with the

length limitations in Rule 9.4(i)(2)(D)–(E).

(h) Service. A petition, cross-petition, response, and reply must

be served on all parties to the trial court proceeding.

(i) Docketing statement. Upon filing the petition, the petitioner

must file the docketing statement required by Rule 32.1.

(j) Time for determination. Unless the court of appeals orders

otherwise, a petition, and any cross-petition, response, and

reply, will be determined without oral argument, no earlier

than 10 days after the petition is filed.

(k) When petition granted. If the petition is granted, a notice of

appeal is deemed to have been filed under Rule 26.1(b) on that

date, and the appeal is governed by the rules for accelerated

appeals. A separate notice of appeal need not be filed. A copy

of the order granting the petition must be filed with the trial

court clerk.

RU L E 28.4. AC C E L E R AT E D APP E A L S I N

PA R EN TA L TE R M I N AT I O N A N D C H I L D

PROT E C T I O N CA S E S

(a) Application and definitions.

(1) Appeals in parental termination and child protection cases

are governed by the rules of appellate procedure for accelerat-

ed appeals, except as otherwise provided in Rule 28.4.

(2) In Rule 28.4:

(A) a “parental termination case” means a suit in which

termination of the parent-child relationship is at issue.

(B) a “child protection case” means a suit affecting the

parent-child relationship filed by a governmental entity

for managing conservatorship.

(b) Appellate record.

(1) Responsibility for preparation of reporter’s record. In

addition to the responsibility imposed on the trial court in

Rule 35.3(c), when the reporter’s responsibility to prepare,

certify and timely file the reporter’s record arises under Rule

35.3(b), the trial court must direct the official or deputy

reporter to immediately commence the preparation of the

reporter’s record. The trial court must arrange for a substi-

tute reporter, if necessary.

(2) Extension of time. The appellate court may grant an

extension of time to file a record under Rule 35.3(c); how-

ever, the extension or extensions granted must not exceed

30 days cumulatively, absent extraordinary circumstances.

(3) Restriction on preparation inapplicable. Section 13.003

of the Civil Practice & Remedies Code does not apply to an

ppeal from a parental termination or child protection case.

court reverses and remands a parental termination or child

protection case for a new trial, the judgment must instruct the

trial court to commence the new trial no later than 180 days

fter the mandate is issued by the appellate court.

RULE 29. ORDERS PE NDI NG

INTERLOCUTORY APPEAL I N CIVIL

CASES

U LE 2 9.1 . EF FE C T O F APP E A L

Perfecting an appeal from an order granting interlocutory relief

does not suspend the order appealed from unless:

(a) the order is superseded in accordance with 29.2; or

(b) the appellant is entitled to supersede the order without

security by filing a notice of appeal.

RU L E 29.2. SE C U R I T Y

The trial court may permit an order granting interlocutory

relief to be superseded pending an appeal from the order, in

which event the appellant may supersede the order in accor-

dance with Rule 24. If the trial court refuses to permit the

appellant to supersede the order, the appellant may move the

appellate court to review that decision for abuse of discretion.

RU L E 29.3. TE M P O R A RY O R D E R S O F

APP E L L AT E CO U RT

When an appeal from an interlocutory order is perfected, the

appellate court may make any temporary orders necessary to

preserve the parties’ rights until disposition of the appeal and

may require appropriate security. But the appellate court must

not suspend the trial court’s order if the appellant’s rights

would be adequately protected by supersedeas or another order

made under Rule 24.

RU L E 29.4. EN F O R C E M E N T O F

TEM P OR A RY OR D E R S

While an appeal from an interlocutory order is pending, only the

appellate court in which the appeal is pending may enforce the

order. But the appellate court may refer any enforcement pro-

ceeding to the trial court with instructions to:

(a) hear evidence and grant appropriate relief; or

(b) make findings and recommendations and report them to

the appellate court.

RU L E 29.5. FU RT H E R PROC E ED I NG S

I N TR I A L CO U RT

While an appeal from an interlocutory order is pending, the

trial court retains jurisdiction of the case and unless prohibited

by statute may make further orders, including one dissolving

the order complained of on appeal. If permitted by law, the

trial court may proceed with a trial on the merits. But the

court must not make an order that:

(a) is inconsistent with any appellate court temporary order; or

(b) interferes with or impairs the jurisdiction of the appellate

court or effectiveness of any relief sought or that may be grant-

ed on appeal.

R U L E 2 8 . 4 . A C C E L E R A T E D A P P E A L S I N PA R E N T A L T E R M I N A T I O N & C H I L D P R O T E C T I O N C A S E S

24 RU L E S O F A P P E L L AT E P R O C E D U R E

RU L E 29.6. RE V I E W O F FU RT H E R OR D E R S

(a) Motion to review further orders. While an appeal from an

interlocutory order is pending, on a party’s motion or on

ppellate court’s own initiative, the appellate court may review

the following:

(1) a further appealable interlocutory order concerning the

same subject matter; and

(2) any interlocutory order that interferes with or impairs

he effectiveness of the relief sought or that may be granted

on appeal.

(b) Record. The party filing the motion may rely on the origi-

nal record or may file a supplemental record with the motion.

RULE 30. RESTRICTED APPEAL TO

COURT OF APPEA LS IN CI VIL C ASE S

A party who did not participate—either in person or through

counsel—in the hearing that resulted in the judgment com-

plained of and who did not timely file a postjudgment motion

or request for findings of fact and conclusions of law, or a

notice of appeal within the time permitted by Rule 26.1(a),

may file a notice of appeal within the time permitted by Rule

26.1(c). Restricted appeals replace writ of error appeals to the

court of appeals. Statutes pertaining to writ of error appeals to

the court of appeals apply equally to restricted appeals.

RULE 31. APPEALS I N HABEAS CORPUS,

BAIL, AND EXTRADITION PROCEEDI NGS

IN CRIMINAL CASES

U LE 3 1.1 . FI LI N G T H E R E C O R D A N D BR I E F S [;

SUB M IS S IO N ]

When written notice of appeal from a judgment or order in a

habeas corpus or bail proceeding is filed, the trial court clerk

must prepare and certify the clerk’s record and, if the appellant

requests, the court reporter must prepare and certify a

reporter’s record. The clerk must send the clerk’s record and

the court reporter must send the reporter’s record to the appel-

late court within 15 days after the notice of appeal is filed. On

reasonable explanation, the appellate court may shorten or

extend the time to file the records. [When the appellate court

receives the record, the court will—if it desires briefs—set

the time for filing briefs, and will set the appeal for submis-

sion.]

(a) For an appeal from a habeas corpus proceeding challenging

a conviction or an order placing the defendant on community

supervision—but not challenging any particular condition of

community supervision—the appellate court should use the

same briefing rules, deadlines, and schedule that apply to

direct appeals from criminal cases. On motion of any party, or

on its own initiative, the appellate court may impose a more

expedited timeline or submit the case without briefing, if nec-

essary to do substantial justice to the parties.

(b) For an appeal from a bail proceeding or any other habeas

corpus proceeding, including one that challenges a particular

condition of community supervision, the court will—if it

desires briefs—set the time for filing briefs.

Amended effective Dec. 1, 2018.

INTERLOCUTORY APPEAL OF BAIL

Appellate courts do not have jurisdiction to consider an inter-

locutory appeal of a pretrial motion for bond reduction. Ragston

v. State, 424 S.W.3d 49 (Tex. Crim. App. 2014).

RU L E 31.2. SU B M I S S I O N ; HEA R IN G

[An appeal in a habeas corpus or bail proceeding will be heard

at the earliest practicable time.] The applicant need not person-

lly appear[,

nd the appeal will be heard and determined upon

the law and the facts shown by the record]. The appellate court

will not review any incidental question that might have arisen

on the hearing of the application before the trial court. The sole

purpose of the appeal is to do substantial justice to the parties.

(a) In an appeal from a habeas corpus proceeding challenging a

conviction or an order placing the defendant on community

supervision—but not challenging a particular condition of com-

munity supervision—the appellate court should use the same

submission and hearing schedules that apply to direct appeals

from criminal cases. On motion of any party, or on its own ini-

tiative, the appellate court may impose a more expedited time-

line or submit the case without briefing, if necessary to do sub-

stantial justice to the parties.

(b) An appeal in any other habeas corpus or bail proceeding,

including a challenge to a particular condition of community

supervision, shall be submitted and heard at the earliest practi-

cable time.

Amended effective Dec. 1, 2018.

RU L E 31.3. OR D E R S O N AP PE A L

The appellate court will render whatever judgment and make

whatever orders the law and the nature of the case require. The

court may make an appropriate order relating to costs, whether

allowing costs and fixing the amount, or allowing no costs.

RU L E 31.4. STAY O F MA N D AT E

(a) When motion for stay required. Despite Rule 18 or any other

of these rules, in the following circumstances a party who in good

faith intends to seek discretionary review must—within 15 days

after the court of appeals renders judgment—file with the court

of appeals clerk a motion for stay of mandate, to which is

appended the party’s petition for discretionary review showing

reasons why the Court of Criminal Appeals should review the

appellate court judgment:

(1) when a court of appeals affirms the judgment of the trial

court in an extradition matter and thereby sanctions a

defendant’s extradition; or

(2) when a court of appeals reverses the trial court’s judg-

ment in a bail matter—including bail pending appeal

under Code of Criminal Procedure article 44.04(g)—and

thereby grants or reduces the amount of bail.

(b) Determination of the motion. The clerk must promptly sub-

mit the motion and appendix to the court of appeals, or to one

or more judges as the court deems appropriate, for immediate

consideration and determination.

(1) If the motion for stay is granted, the clerk will immedi-

ately forward the petition for discretionary review to the

clerk of the Court of Criminal Appeals.

(2) If the motion is denied, the clerk will issue a mandate

in accordance with the court of appeals’ judgment.

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RU L E S O F A P P E L L AT E P R O C E D U R E 25

31.4(b)(2), the losing party may then present the motion and

appendix to the clerk of the Court of Criminal Appeals, who

will promptly submit them to the Court, or to one or more

udges as the Court deems appropriate, for immediate consider-

ation and determination. The Court of Criminal Appeals may

deny the motion or stay or recall the mandate. If the mandate is

stayed or recalled, the clerk of the Court of Criminal Appeals

will file the petition for discretionary review and process the case

n accordance with Rule 68.7.

RU L E 31.5. JU D G M E N T CON C LU S I V E

The court of appeals’ judgment is final and conclusive if the

Court of Criminal Appeals does not grant discretionary review.

If the Court of Criminal Appeals grants discretionary review,

that court’s judgment is final and conclusive. In either case, no

further application in the same case can be made for the writ

unless the law provides otherwise.

RU L E 31.6. DE F E N D A N T DE TA I N E D B Y

OT H E R TH A N O F F I C E R

If the defendant is held by a person other than an officer, the

sheriff receiving the appellate court mandate so ordering must

immediately cause the defendant to be discharged, for which

discharge the mandate is sufficient authority.

RU L E 31.7. JU D G M E N T TO B E CE RT I F I E D

The appellate court clerk will certify the court’s judgment to

the officer holding the defendant in custody or, if the defen-

dant is held by a person other than an officer, to the appropri-

ate sheriff.

RULE 32. DOCKETING STATE MEN T

U LE 3 2.1 . CI VI L CA SE S

Promptly upon filing the notice of appeal in a civil case, the

appellant must file in the appellate court a docketing statement

that includes the following information:

(a)(1) if the appellant filing the statement has counsel, the

name of that appellant and the name, address, telephone num-

ber, fax number, if any, and State Bar of Texas identification

number of the appellant’s lead counsel; or

(2) if the appellant filing the statement is not represented by

an attorney, that party’s name, address, telephone number,

and fax number, if any;

(b) the date the notice of appeal was filed in the trial court and,

if mailed to the trial court clerk, the date of mailing;

who tried the case, and the date the judgment or order

appealed from was signed;

(d) the date of filing of any motion for new trial, motion to

modify the judgment, request for findings of fact, motion to

reinstate, or other filing that affects the time for perfecting the

appeal;

(e) the names of all other parties to the trial court’s judgment

or the order appealed from, and:

(1) if represented by counsel, their lead counsel’s names,

addresses, telephone numbers, and fax numbers, if any;

(2) if not represented by counsel, the name, address, and

telephone number of the party, or a statement that the

appellant diligently inquired but could not discover that

information;

(f) the general nature of the case—for example, personal

injury, breach of contract, or temporary injunction;

(g) whether the appeal’s submission should be given priority,

hether the appeal is an accelerated one under Rule 28 or

another rule or statute, and whether it is a parental termina-

tion or child protection case, as defined in Rule 28.4;

(h) whether the appellant has requested or will request a reporter’s

record, and whether the trial was electronically recorded;

(

i) the name of the court reporter;

(j) whether the appellant intends to seek temporary or ancil-

lary relief while the appeal is pending;

(k) if the appellant filed a Statement of Inability to Afford

Payment of Court Costs in the trial court:

(1) the date that the Statement was filed;

(2) the date of filing of any motion challenging the

Statement;

(3) the date of any hearing on the appellant’s ability to

afford costs; and

(4) if the trial court signed an order under Texas Rule of

Civil Procedure 145, the court’s findings regarding the

appellant’s ability to afford costs and the date that the order

was signed;

(l) whether the appellant has filed or will file a supersedeas

bond; and

(m) any other information the appellate court requires.

RU L E 32.2. CR I M I N A L CAS E S

Upon perfecting the appeal in a criminal case, the appellant

must file in the appellate court a docketing statement that

includes the following information:

(a)(1) if the appellant has counsel, the name of the appellant and

the name, address, telephone number, fax number, if any, and

State Bar of Texas identification number of the appellant’s coun-

sel, and whether the counsel is appointed or retained; or

(2) if the appellant is not represented by an attorney, that

party’s name, address, telephone number, and fax number,

if any;

(b) the date the notice of appeal was filed in the trial court and,

if mailed to the trial court clerk, the date of mailing;

judge who tried the case;

(d) the date the trial court imposed or suspended sentence in

open court, or the date the judgment or order appealed from

was signed;

(e) the date of filing any motion for new trial, motion in arrest

of judgment, or any other filing that affects the time for per-

fecting the appeal;

(f) the offense charged and the date of the offense;

(g) the defendant’s plea;

(h) whether the trial was jury or nonjury;

(i) the punishment assessed;

(j) whether the appeal is from a pretrial order;

(k) whether the appeal involves the validity of a statute, ordi-

nance, or rule;

(l) whether a reporter’s record has been or will be requested,

and whether the trial was electronically recorded;

(m) the name of the court reporter;

(n)(1) the dates of filing of any motion and affidavit of indi-

gence;

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26 RU L E S O F A P P E L L AT E P R O C E D U R E

(2) the date of any hearing;

(3) the date of any order; and

(4) whether the motion was granted or denied; and

(

o) any other information the appellate court requires.

RU L E 32.3. SU P P L E M E N TA L STAT EM E NT S

Any party may file a statement supplementing or correcting

the docketing statement.

RU L E 32.4. PU R P O S E O F STAT E M E N T

The docketing statement is for administrative purposes and

does not affect the appellate court’s jurisdiction.

RULE 33. PRESERVATION OF APPELLATE

COMPLAINTS

RU L E 33.1. PR E S E RVAT I O N ; HOW SH OWN

(a) In general. As a prerequisite to presenting a complaint for

appellate review, the record must show that:

(1) the complaint was made to the trial court by a timely

request, objection, or motion that:

(A) stated the grounds for the ruling that the complain-

ing party sought from the trial court with sufficient

specificity to make the trial court aware of the com-

plaint, unless the specific grounds were apparent from

the context; and

(B) complied with the requirements of the Texas Rules

of Evidence or the Texas Rules of Civil or Appellate

Procedure; and

(2) the trial court:

(A) ruled on the request, objection, or motion, either

expressly or implicitly; or

(B) refused to rule on the request, objection, or motion,

and the complaining party objected to the refusal.

(b) Ruling by operation of law. In a civil case, the overruling by

operation of law of a motion for new trial or a motion to mod-

ify the judgment preserves for appellate review a complaint

properly made in the motion, unless taking evidence was nec-

essary to properly present the complaint in the trial court.

formal exception to a trial court ruling or order nor a signed,

separate order is required to preserve a complaint for appeal.

(d) Sufficiency of evidence complaints in civil nonjury cases. In a civil

nonjury case, a complaint regarding the legal or factual insuffi-

ciency of the evidence—including a complaint that the damages

found by the court are excessive or inadequate, as distinguished

from a complaint that the trial court erred in refusing to amend

a fact finding or to make an additional finding of fact—may be

made for the first time on appeal in the complaining party’s brief.

RU L E 33.2. FO R M A L BI L L S O F EXC E P T I O N

To complain on appeal about a matter that would not other-

wise appear in the record, a party must file a formal bill of

exception.

(a) Form. No particular form of words is required in a bill of

exception. But the objection to the court’s ruling or action,

and the ruling complained of, must be stated with sufficient

specificity to make the trial court aware of the complaint.

(b) Evidence. When the appellate record contains the evidence

needed to explain a bill of exception, the bill itself need not

repeat the evidence, and a party may attach and incorporate a

transcription of the evidence certified by the court reporter.

(1) The complaining party must first present a formal bill

f exception to the trial court.

(2) If the parties agree on the contents of the bill of excep-

tion, the judge must sign the bill and file it with the trial

court clerk. If the parties do not agree on the contents of

the bill, the trial judge must—after notice and hearing—do

ne of the following things:

(A) sign the bill of exception and file it with the trial

court clerk if the judge finds that it is correct;

(B) suggest to the complaining party those corrections to

the bill that the judge believes are necessary to make it

accurately reflect the proceedings in the trial court, and if

the party agrees to the corrections, have the corrections

made, sign the bill, and file it with the trial court clerk; or

tions suggested by the judge, return the bill to the com-

plaining party with the judge’s refusal written on it, and

prepare, sign, and file with the trial court clerk such bill

as will, in the judge’s opinion, accurately reflect the pro-

ceedings in the trial court.

(3) If the complaining party is dissatisfied with the bill of

exception filed by the judge under (2)(C), the party may

file with the trial court clerk the bill that was rejected by the

judge. That party must also file the affidavits of at least

three people who observed the matter to which the bill of

exception is addressed. The affidavits must attest to the cor-

rectness of the bill as presented by the party. The matters

contained in that bill of exception may be controverted and

maintained by additional affidavits filed by any party with-

in ten days after the filing of that bill. The truth of the bill

of exception will be determined by the appellate court.

(d) Conflict. If a formal bill of exception conflicts with the

reporter’s record, the bill controls.

(e) Time to file.

(1) Civil cases. In a civil case, a formal bill of exception must

be filed no later than 30 days after the filing party’s notice

of appeal is filed.

(2) Criminal cases. In a criminal case, a formal bill of excep-

tion must be filed:

(A) no later than 60 days after the trial court pronounces

or suspends sentence in open court; or

(B) if a motion for new trial has been timely filed, no

later than 90 days after the trial court pronounces or sus-

pends sentence in open court.

(3) Extension of time. The appellate court may extend the

time to file a formal bill of exception if, within 15 days after

the deadline for filing the bill, the party files in the appellate

court a motion complying with Rule 10.5(b).

(f) Inclusion in clerk’s record. When filed, a formal bill of excep-

tion should be included in the appellate record.

RULE 34. APPELLATE RECORD

U LE 3 4.1 CO N T E N TS

The appellate record consists of the clerk’s record and, if nec-

essary to the appeal, the reporter’s record. Even if more than

one notice of appeal is filed, there should be only one appellate

record in a case.

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RU L E 34.2. AG R E E D RE C O R D

By written stipulation filed with the trial court clerk, the par-

ties may agree on the contents of the appellate record. An

greed record will be presumed to contain all evidence and fil-

ings relevant to the appeal. To request matter to be included in

the agreed record, the parties must comply with the procedures

in Rules 34.5 and 34.6.

RU L E 34.3. AG R E E D STAT E M E N T O F T H E CA S E

In lieu of a reporter’s record, the parties may agree on a brief

statement of the case. The statement must be filed with the

trial court clerk and included in the appellate record.

RU L E 34.4. FO R M

The Supreme Court and Court of Criminal Appeals will pre-

scribe the form of the appellate record.

RU L E 34.5. CL E R K ’S RE C O R D

(a) Contents. Unless the parties designate the filings in the

appellate record by agreement under Rule 34.2, the record

must include copies of the following:

(1) in civil cases, all pleadings on which the trial was held;

(2) in criminal cases, the indictment or information, any spe-

cial plea or defense motion that was presented to the court

and overruled, any written waiver, any written stipulation,

and, in cases in which a plea of guilty or nolo contendere has

been entered, any documents executed for the plea;

(3) the court’s docket sheet;

(4) the court’s charge and the jury’s verdict, or the court’s

findings of fact and conclusions of law;

(5) the court’s judgment or other order that is being appealed;

(6) any request for findings of fact and conclusions of law, any

post-judgment motion, and the court’s order on the motion;

(7) the notice of appeal;

(8) any formal bill of exception;

(9) any request for a reporter’s record, including any state-

ment of points or issues under Rule 34.6(c);

(10) any request for preparation of the clerk’s record;

(11) in civil cases, a certified bill of costs, including the cost

of preparing the clerk’s record, showing credits for pay-

ments made;

(12) in criminal cases, the trial court’s certification of the

defendant’s right of appeal under Rule 25.2; and

(13) subject to (b), any filing that a party designates to have

included in the record.

(b) Request for additional items.

(1) Time for request. At any time before the clerk’s record is

prepared, any party may file with the trial court clerk a writ-

ten designation specifying items to be included in the record.

(2) Request must be specific. A party requesting that an item

be included in the clerk’s record must specifically describe

the item so that the clerk can readily identify it. The clerk

will disregard a general designation, such as one for “all

papers filed in the case.”

(3) Requesting unnecessary items. In a civil case, if a party

requests that more items than necessary be included in the

clerk’s record or any supplement, the appellate court may—

regardless of the appeal’s outcome—require that party to pay

the costs for the preparation of the unnecessary portion.

(4) Failure to timely request. An appellate court must not

refuse to file the clerk’s record or a supplemental clerk’s

record because of a failure to timely request items to be

included in the clerk’s record.

(

1) If a relevant item has been omitted from the clerk’s

record, the trial court, the appellate court, or any party may

by letter direct the trial court clerk to prepare, certify, and

file in the appellate court a supplement containing the

omitted item.

(

2) If the appellate court in a criminal case orders the trial

court to prepare and file findings of fact and conclusions of

law as required by law, or certification of the defendant’s right

of appeal as required by these rules, the trial court clerk must

prepare, certify, and file in the appellate court a supplemental

clerk’s record containing those findings and conclusions.

(3) Any supplemental clerk’s record will be part of the

appellate record.

(d) Defects or inaccuracies. If the clerk’s record is defective or

inaccurate, the appellate clerk must inform the trial court clerk

of the defect or inaccuracy and instruct the clerk to make the

correction.

(e) Clerk’s record lost or destroyed. If a filing designated for inclu-

sion in the clerk’s record has been lost or destroyed, the parties

may, by written stipulation, deliver a copy of that item to the

trial court clerk for inclusion in the clerk’s record or a supple-

ment. If the parties cannot agree, the trial court must—on any

party’s motion or at the appellate court’s request—determine

what constitutes an accurate copy of the missing item and

order it to be included in the clerk’s record or a supplement.

(f) Original documents. If the trial court determines that origi-

nal documents filed with the trial court clerk should be

inspected by the appellate court or sent to that court in lieu of

copies, the trial court must make an order for the safekeeping,

transportation, and return of those original documents. The

order must list the original documents and briefly describe

them. All the documents must be arranged in their listed

sequence and bound firmly together. On any party’s motion or

its own initiative, the appellate court may direct the trial court

clerk to send it any original document.

(g) Additional copies of clerk’s record in criminal cases. In a crim-

inal case, the clerk’s record must be made in duplicate, and in

a case in which the death penalty was assessed, in triplicate.

The trial court clerk must retain the copy or copies for the par-

ties to use with the court’s permission.

(h) Clerk may consult with parties. The clerk may consult with

the parties concerning the contents of the clerk’s record.

RU L E 34.6. RE P O RT E R ’S RE C O R D

(a) Contents.

(1) Stenographic recording. If the proceedings were steno-

graphically recorded, the reporter’s record consists of the

court reporter’s transcription of so much of the proceed-

ings, and any of the exhibits, that the parties to the appeal

designate.

(2) Electronic recording. If the proceedings were electronically

recorded, the reporter’s record consists of certified copies of

all tapes or other audio-storage devices on which the pro-

ceedings were recorded, any of the exhibits that the parties to

the appeal designate, and certified copies of the logs prepared

by the court recorder under Rule 13.2.

(b) Request for preparation.

R U L E 3 4 . 2 . A G R E E D R E C O R D

28 RU L E S O F A P P E L L AT E P R O C E D U R E

(1) Request to court reporter. At or before the time for per-

fecting the appeal, the appellant must request in writing

that the official reporter prepare the reporter’s record. The

equest must designate the exhibits to be included. A

request to the court reporter—but not the court recorder—

must also designate the portions of the proceedings to be

included.

(2) Filing. The appellant must file a copy of the request

ith the trial court clerk.

(3) Failure to timely request. An appellate court must not

refuse to file a reporter’s record or a supplemental reporter’s

record because of a failure to timely request it.

(1) Effect on appellate points or issues. If the appellant

requests a partial reporter’s record, the appellant must

include in the request a statement of the points or issues to

be presented on appeal and will then be limited to those

points or issues.

(2) Other parties may designate additions. Any other party

may designate additional exhibits and portions of the testi-

mony to be included in the reporter’s record.

(3) Costs; requesting unnecessary matter. Additions requested

by another party must be included in the reporter’s record

at the appellant’s cost. But if the trial court finds that all or

part of the designated additions are unnecessary to the

appeal, the trial court may order the other party to pay the

costs for the preparation of the unnecessary additions. This

paragraph does not affect the appellate court’s power to tax

costs differently.

(4) Presumptions. The appellate court must presume that the

partial reporter’s record designated by the parties constitutes

the entire record for purposes of reviewing the stated points

or issues. This presumption applies even if the statement

includes a point or issue complaining of the legal or factual

insufficiency of the evidence to support a specific factual

finding identified in that point or issue.

(5) Criminal cases. In a criminal case, if the statement con-

tains a point complaining that the evidence is insufficient

to support a finding of guilt, the record must include all the

evidence admitted at the trial on the issue of guilt or inno-

cence and punishment.

(d) Supplementation. If anything relevant is omitted from the

reporter’s record, the trial court, the appellate court, or any party

may by letter direct the official court reporter to prepare, certify,

and file in the appellate court a supplemental reporter’s record

containing the omitted items. Any supplemental reporter’s

record is part of the appellate record.

(e) Inaccuracies in the reporter’s record.

(1) Correction of inaccuracies by agreement. The parties may

agree to correct an inaccuracy in the reporter’s record, includ-

ing an exhibit, without the court reporter’s recertification.

(2) Correction of inaccuracies by trial court. If the parties can-

not agree on whether or how to correct the reporter’s record

so that the text accurately discloses what occurred in the trial

court and the exhibits are accurate, the trial court must—

after notice and hearing—settle the dispute. If the court

finds any inaccuracy, it must order the court reporter to con-

form the reporter’s record (including text and any exhibits)

to what occurred in the trial court, and to file certified cor-

rections in the appellate court.

(3) Correction after filing in appellate court. If the dispute

arises after the reporter’s record has been filed in the appel-

late court, that court may submit the dispute to the trial

ourt for resolution. The trial court must then proceed as

under subparagraph (e)(2).

(f) Reporter’s record lost or destroyed. An appellant is entitled to

a new trial under the following circumstances:

(1) if the appellant has timely requested a reporter’s record;

(

2) if, without the appellant’s fault, a significant exhibit or

a significant portion of the court reporter’s notes and

records has been lost or destroyed or—if the proceedings

were electronically recorded—a significant portion of the

recording has been lost or destroyed or is inaudible;

(3) if the lost, destroyed, or inaudible portion of the

reporter’s record, or the lost or destroyed exhibit, is neces-

sary to the appeal’s resolution; and

(4) if the lost, destroyed or inaudible portion of the

reporter’s record cannot be replaced by agreement of the

parties, or the lost or destroyed exhibit cannot be replaced

either by agreement of the parties or with a copy deter-

mined by the trial court to accurately duplicate with rea-

sonable certainty the original exhibit.

(g) Original exhibits.

(1) Reporter may use in preparing reporter’s record. At the court

reporter’s request, the trial court clerk must give all original

exhibits to the reporter for use in preparing the reporter’s record.

Unless ordered to include original exhibits in the reporter’s

record, the court reporter must return the original exhibits to

the clerk after copying them for inclusion in the reporter’s

record. If someone other than the trial court clerk possesses an

original exhibit, either the trial court or the appellate court may

order that person to deliver the exhibit to the trial court clerk.

(2) Use of original exhibits by appellate court. If the trial court

determines that original exhibits should be inspected by the

appellate court or sent to that court in lieu of copies, the

trial court must make an order for the safekeeping, trans-

portation, and return of those exhibits. The order must list

the exhibits and briefly describe them. To the extent practi-

cable, all the exhibits must be arranged in their listed order

and bound firmly together before being sent to the appel-

late clerk. On any party’s motion or its own initiative, the

appellate court may direct the trial court clerk to send it any

original exhibit.

(h) Additional copies of reporter’s record in criminal cases. In a

criminal case in which a party requests a reporter’s record, the

court reporter must prepare a duplicate of the reporter’s record

and file it with the trial court clerk. In a case where the death

penalty was assessed, the court reporter must prepare two

duplicates of the reporter’s record.

(i) Supreme Court and Court of Criminal Appeals may set fee.

From time to time, the Supreme Court and the Court of

Criminal Appeals may set the fee that the court reporters may

charge for preparing the reporter’s record.

REPORTER’S FAILURE NOT “LOST OR DESTROYED”

When a court reporter fails or refuses to comply with deadlines

for filing the reporter’s record, the appellate record is not “lost

or destroyed” for purposes of Rule 34.6(f). Johnson v. State,

151 S.W.3d 193 (Tex. Crim. App. 2004).

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RU L E S O F A P P E L L AT E P R O C E D U R E 29

RECORDING BENCH CONFERENCES

A defendant must not only ask for bench conferences to be

recorded but also object when they aren’t and tell the court

what’s missing and why it’s important. Ex parte Moore, 999

S.W.2d 385 (Tex. Crim. App. 1999); Valle v. State, 109 S.W.3d

500, 508 (Tex. Crim. App. 2003). To be timely, the objection

has to come at a time when the trial court may remedy the omis-

sion. Walthall v. State, 594 S.W.2d 74 (Tex. Crim. App. 1980).

NO FEES FOR COPIES

Neither the Texas Rules of Appellate Procedure, nor chapter 52

f the Government Code, nor a court reporter’s ethical duties

authorize a court reporter to charge a district attorney’s office

hen the State is not the appellant for the copy of the reporter’s

record filed with the trial court clerk pursuant to Rule 34.6(h).

Op. Tex. Att’y Gen. KP-0163 (2017).

RULE 35. TI ME TO FI LE RECORD;

RESPONSIBILITY FOR FILING RE COR D

RU L E 35.1. CI V I L CAS E S

The appellate record must be filed in the appellate court with-

in 60 days after the judgment is signed, except as follows:

(a) if Rule 26.1(a) applies, within 120 days after the judgment

is signed;

(b) if Rule 26.1(b) applies, within 10 days after the notice of

appeal is filed; or

appeal is filed.

RU L E 35.2. CR I M I N A L CAS E S

The appellate record must be filed in the appellate court:

(a) if a motion for new trial is not filed, within 60 days after

the date the sentence is imposed or suspended in open court or

the order appealed from is signed;

(b) if a timely motion for new trial is filed and denied, within

120 days after the date the sentence is imposed or suspended

in open court; or

order granting the motion is signed.

RU L E 35.3. RE S P O N S I B I L I T Y

F OR F I L I N G RE C O R D

(a) Clerk’s record. The trial court clerk is responsible for prepar-

ing, certifying, and timely filing the clerk’s record if:

(1) a notice of appeal has been filed, and in criminal pro-

ceedings, the trial court has certified the defendant’s right of

appeal, as required by Rule 25.2(d); and

(2) the party responsible for paying for the preparation of

the clerk’s record has paid the clerk’s fee, has made satisfac-

tory arrangements with the clerk to pay the fee, or is enti-

tled to appeal without paying the fee.

(b) Reporter’s record. The official or deputy reporter is respon-

sible for preparing, certifying, and timely filing the reporter’s

record if:

(1) a notice of appeal has been filed;

(2) the appellant has requested that the reporter’s record be

prepared; and

(3) the party responsible for paying for the preparation of

the reporter’s record has paid the reporter’s fee, or has

made satisfactory arrangements with the reporter to pay

the fee, or is entitled to appeal without paying the fee.

ourts are jointly responsible for ensuring that the appellate

record is timely filed. The appellate court may extend the

deadline to file the record if requested by the clerk or reporter.

Each extention must not exceed 30 days in an ordinary or

restricted appeal, or 10 days in an accelerated appeal. The

ppellate court must allow the record to be filed late when the

delay is not the appellant’s fault, and may do so when the delay

is the appellant’s fault. The appellate court may enter any order

necessary to ensure the timely filing of the appellate record.

RULE 36. AGENCY RECORD IN

ADMINISTRATIVE A PPEAL S

U LE 3 6.1 . SC OP E

This rule applies only to cases involving judicial review of state

agency decisions in contested cases under the Administrative

Procedure Act.

RU L E 36.2. IN C LU S I O N I N APP E L L AT E RE C O R D

The record of an agency proceeding filed in the trial court may

be included in either the clerk’s record or the reporter’s record.

RU L E 36.3. CO R R E C T I N G T H E RE C O R D

(a) Correction by agreement. At any stage of the proceeding, the

parties may agree to correct an agency record filed under

Section 2001.175(b) of the Government Code to ensure that

the agency record accurately reflects the contested case pro-

ceedings before the agency. The court reporter need not recer-

tify the agency record.

(b) Correction by trial court. If the parties cannot agree to a cor-

rection to the agency record, the appellate court must—on any

party’s motion or its own incentive—send the question to the

trial court. After notice and hearing, the trial court must deter-

mine what constitutes an accurate copy of the agency record

and order the agency to send an accurate copy to the clerk of

the court in which the case is pending.

RULE 37. DUTIES OF THE APPELL ATE

CLERK ON RECEIVING THE NOTICE OF

APPEAL AND RECORD

U LE 3 7.1 . ON RE CE I VI N G T H E

NOTI C E O F AP P E A L

If the appellate clerk determines that the notice of appeal or cer-

tification of defendant’s right of appeal in a criminal case is

defective, the clerk must notify the parties of the defect so that

it can be remedied, if possible. If a proper notice of appeal or cer-

tification of a criminal defendant’s right of appeal is not filed in

the trial court within 30 days of the date of the clerk’s notice, the

clerk must refer the matter to the appellate court, which will

make an appropriate order under this rule or Rule 34.5(c)(2).

RU L E 37.2. ON REC E IV I NG T H E RE C O R D

On receiving the clerk’s record or the reporter’s record, the

appellate clerk must determine whether each complies with the

Supreme Court’s and Court of Criminal Appeals’ order on

preparation of the record. If so, the clerk must endorse on each

R U L E 3 5 . 1 . C I V I L C A S E S

30 RU L E S O F A P P E L L AT E P R O C E D U R E

the date of receipt, file it, and notify the parties of the filing

and the date. If not, the clerk must endorse on the clerk’s

record or reporter’s record—whichever is defective—the date

f receipt and return it to the official responsible for filing it.

The appellate court clerk must specify the defects and instruct

the official to correct the defects and return the record to the

appellate court by a specified date. In a criminal case, the

record must not be posted on the Internet.

RU L E 37.3. IF NO RE C O R D F I L E D

(a) Notice of late record.

(1) Civil cases. If the clerk’s record or reporter’s record has

not been timely filed, the appellate clerk must send notice

to the official responsible for filing it, stating that the record

is late and requesting that the record be filed within 30 days

if an ordinary or restricted appeal, or 10 days if an acceler-

ated appeal. The appellate clerk must send a copy of this

notice to the parties and the trial court. If the clerk does not

receive the record within the stated period, the clerk must

refer the matter to the appellate court. The court must

make whatever order is appropriate to avoid further delay

and to preserve the parties’ rights.

(2) Criminal cases. If the clerk’s record or reporter’s record

has not been timely filed, the appellate court clerk must

refer the matter to the appellate court. The court must

make whatever order is appropriate to avoid further delay

and to preserve the parties’ rights.

(b) If no clerk’s record filed due to appellant’s fault. If the trial

court clerk failed to file the clerk’s record because the appellant

failed to pay or make arrangements to pay the clerk’s fee for

preparing the clerk’s record, the appellate court may—on a

party’s motion or its own initiative—dismiss the appeal for

want of prosecution unless the appellant was entitled to pro-

ceed without payment of costs. The court must give the appel-

lant a reasonable opportunity to cure before dismissal.

following circumstances, and if the clerk’s record has been

filed, the appellate court may—after first giving the appellant

notice and a reasonable opportunity to cure—consider and

decide those issues or points that do not require a reporter’s

record for a decision. The court may do this if no reporter’s

record has been filed because:

(1) the appellant failed to request a reporter’s record; or

(2)(A) appellant failed to pay or make arrangements to pay

the reporter’s fee to prepare the reporter’s record; and

(B) the appellant is not entitled to proceed without pay-

ment of costs.

RULE 38. REQUISITES OF BRIEFS

U LE 3 8.1 . AP PE L L A N T ’S BR I E F

The appellant’s brief must, under appropriate headings and in

the order here indicated, contain the following:

(a) Identity of parties and counsel. The brief must give a com-

plete list of all parties to the trial court’s judgment or order

appealed from, and the names and addresses of all trial and

appellate counsel, except as otherwise provided in Rule 9.8.

(b) Table of contents. The brief must have a table of contents

with references to the pages of the brief. The table of contents

must indicate the subject matter of each issue or point, or

group of issues or points.

ities arranged alphabetically and indicating the pages of the

brief where the authorities are cited.

(

d) Statement of the case. The brief must state concisely the

nature of the case (e.g., whether it is a suit for damages, on a

note, or involving a murder prosecution), the course of pro-

ceedings, and the trial court’s disposition of the case. The state-

ment should be supported by record references, should seldom

xceed one-half page, and should not discuss the facts.

(e) Any statement regarding oral argument. The brief may

include a statement explaining why oral argument should or

should not be permitted. Any such statement must not exceed

one page and should address how the court’s decisional process

would, or would not, be aided by oral argument. As required

by Rule 39.7, any party requesting oral argument must note

that request on the front cover of the party’s brief.

(f) Issues presented. The brief must state concisely all issues or

points presented for review. The statement of an issue or point

will be treated as covering every subsidiary question that is fair-

ly included.

(g) Statement of facts. The brief must state concisely and with-

out argument the facts pertinent to the issues or points pre-

sented. In a civil case, the court will accept as true the facts

stated unless another party contradicts them. The statement

must be supported by record references.

(h) Summary of the argument. The brief must contain a suc-

cinct, clear, and accurate statement of the arguments made in

the body of the brief. This summary must not merely repeat

the issues or points presented for review.

(i) Argument. The brief must contain a clear and concise argu-

ment for the contentions made, with appropriate citations to

authorities and to the record.

(j) Prayer. The brief must contain a short conclusion that clear-

ly states the nature of the relief sought.

(k) Appendix in civil cases.

(1) Necessary contents. Unless voluminous or impracticable,

the appendix must contain a copy of:

(A) the trial court’s judgment or other appealable order

from which relief is sought;

(B) the jury charge and verdict, if any, or the trial court’s

findings of fact and conclusions of law, if any; and

constitutional provision, or other law (excluding case law)

on which the argument is based, and the text of any con-

tract or other document that is central to the argument.

(2) Optional contents. The appendix may contain any other

item pertinent to the issues or points presented for review,

including copies or excerpts of relevant court opinions,

laws, documents on which the suit was based, pleadings,

excerpts from the reporter’s record, and similar material.

Items should not be included in the appendix to attempt to

avoid the page limits for the brief.

RU L E 38.2. AP P E L L E E ’S BR I E F

(a) Form of brief.

(1) An appellee’s brief must conform to the requirements of

Rule 38.1, except that:

(A) the list of parties and counsel is not required unless

necessary to supplement or correct the appellant’s list;

(B) the appellee’s brief need not include a statement of

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he case, a statement of the issues presented, or a state-

ment of facts, unless the appellee is dissatisfied with that

portion of the appellant’s brief; and

any item already contained in an appendix filed by the

ppellant.

(2) When practicable, the appellee’s brief should respond to

the appellant’s issues or points in the order the appellant

presented those issues or points.

(b) Cross-points.

(1) Judgment notwithstanding the verdict. When the trial

court renders judgment notwithstanding the verdict on one

or more questions, the appellee must bring forward by cross-

point any issue or point that would have vitiated the verdict

or that would have prevented an affirmance of the judgment

if the trial court had rendered judgment on the verdict.

Failure to bring forward by cross-point an issue or point that

would vitiate the verdict or prevent an affirmance of the

judgment waives that complaint. Included in this require-

ment is a point that:

(A) the verdict or one or more jury findings have insuf-

ficient evidentiary support or are against the overwhelm-

ing preponderance of the evidence as a matter of fact; or

(B) the verdict should be set aside because of improper

argument of counsel.

(2) When evidentiary hearing needed. The appellate court

must remand a case to the trial court to take evidence if:

(A) the appellate court has sustained a point raised by

the appellant; and

(B) the appellee raised a cross-point that requires the

taking of additional evidence.

RU L E 38.3. RE P LY B R I E F

The appellant may file a reply brief addressing any matter in

the appellee’s brief. However, the appellate court may consider

and decide the case before a reply brief is filed.

RU L E 38.4. [RE PE A L E D ]

U LE 3 8.5 . AP PE N D I X F O R CA S E S RE C O R D E D

ELE C TRO N I C A L LY

In cases where the proceedings were electronically recorded,

the following rules apply:

(a) Appendix.

(1) In general. At or before the time a party’s brief is due, the

party must file one copy of an appendix containing a tran-

scription of all portions of the recording that the party con-

siders relevant to the appellate issues or points. Unless anoth-

er party objects, the transcription will be presumed accurate.

(2) Repetition not required. A party’s appendix need not repeat

evidence included in any previously filed appendix.

(3) Form. The form of the appendix and transcription must

conform to any specifications of the Supreme Court and

Court of Criminal Appeals concerning the form of the

reporter’s record except that it need not have the reporter’s

certificate.

(4) Notice. At the time the appendix is filed, the party must

give written notice of the filing to all parties to the trial court’s

judgment or order. The notice must specify, by referring to

the index numbers in the court recorder’s logs, those parts of

the recording that are included in the appendix. The filing

arty need not serve a copy of the appendix but must make a

copy available to all parties for inspection and copying.

(b) Presumptions. The same presumptions that apply to a par-

tial reporter’s record under Rule 34.6(c)(4) apply to the parties’

appendixes. The appellate court need not review any part of

he electronic recording.

allow a party to file a supplemental appendix containing a

transcription of additional portions of the recording.

(d) Inability to pay. A party who cannot pay the cost of an

appendix must file the affidavit provided for by Rule 20. The

party must also state in the affidavit or a supplemental affidavit

that the party has neither the access to the equipment neces-

sary nor the skill necessary to prepare the appendix. If a contest

to the affidavit is not sustained by written order, the court

recorder must transcribe or have transcribed those portions of

the recording that the party designates and must file the tran-

scription as that party’s appendix, along with all exhibits.

(e) Inaccuracies.

(1) Correction by agreement. The parties may agree to correct

an inaccuracy in the transcription of the recording.

(2) Correction by appellate or trial court. If the parties dis-

pute whether an electronic recording or transcription accu-

rately discloses what occurred in the trial court but cannot

agree on corrections, the appellate court may:

(A) settle the dispute by reviewing the recording; or

(B) submit the dispute to the trial court, which must—

after notice and hearing—settle the dispute and ensure

that the recording or transcription is made to conform

to what occurred in the trial court.

(f) Costs. The actual expense of preparing the appendixes or the

amount prescribed for official reporters, whichever is less, is

taxed as costs. The appellate court may disallow the cost of any

portion of the appendixes that it considers surplusage or that

does not conform to any specifications prescribed by the

Supreme Court or Court of Criminal Appeals.

RU L E 38.6. TI M E TO FI LE BR I E F S

(a) Appellant’s filing date. Except in a habeas corpus or bail

appeal, which is governed by Rule 31, an appellant must file a

brief within 30 days—20 days in an accelerated appeal—after

the later of:

(1) the date the clerk’s record was filed; or

(2) the date the reporter’s record was filed.

(b) Appellee’s filing date. The appellee’s brief must be filed within

30 days—20 days in an accelerated appeal—after the date the

appellant’s brief was filed. In a civil case, if the appellant has not

filed a brief as provided in this rule, an appellee may file a brief

within 30 days—20 days in an accelerated appeal—after the

date the appellant’s brief was due.

within 20 days after the date the appellee’s brief was filed.

(d) Modifications of filing time. On motion complying with Rule

10.5(b), the appellate court may extend the time for filing a brief

and may postpone submission of the case. A motion to extend

the time to file a brief may be filed before or after the date the

brief is due. The court may also, in the interests of justice, short-

en the time for filing briefs and for submission of the case.

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32 RU L E S O F A P P E L L AT E P R O C E D U R E

RU L E 38.7. AM E N D M E N T O R SU P P L E M E N TATI O N

A brief may be amended or supplemented whenever justice

requires, on whatever reasonable terms the court may prescribe.

RU L E 38.8. FA I L U R E O F AP P E LL A N T

TO FI L E BR I E F

(a) Civil cases. If an appellant fails to timely file a brief, the

appellate court may:

(1) dismiss the appeal for want of prosecution, unless the

appellant reasonably explains the failure and the appellee is

not significantly injured by the appellant’s failure to timely

file a brief;

(2) decline to dismiss the appeal and give further direction

to the case as it considers proper; or

(3) if an appellee’s brief is filed, the court may regard that brief

as correctly presenting the case and may affirm the trial court’s

judgment upon that brief without examining the record.

(b) Criminal cases.

(1) Effect. An appellant’s failure to timely file a brief does

not authorize either dismissal of the appeal or, except as

provided in (4), consideration of the appeal without briefs.

(2) Notice. If the appellant’s brief is not timely filed, the

appellate clerk must notify counsel for the parties and the

trial court of that fact. If the appellate court does not

receive a satisfactory response within ten days, the court

must order the trial court to immediately conduct a hearing

to determine whether the appellant desires to prosecute his

appeal, whether the appellant is indigent, or, if not indi-

gent, whether retained counsel has abandoned the appeal,

and to make appropriate findings and recommendations.

(3) Hearing. In accordance with (2), the trial court must

conduct any necessary hearings, make appropriate findings

and recommendations, and have a record of the proceed-

ings prepared, which record—including any order and

findings—must be sent to the appellate court.

(4) Appellate court action. Based on the trial court’s record,

the appellate court may act appropriately to ensure that the

appellant’s rights are protected, including initiating con-

tempt proceedings against appellant’s counsel. If the trial

court has found that the appellant no longer desires to pros-

ecute the appeal, or that the appellant is not indigent but

has not made the necessary arrangements for filing a brief,

the appellate court may consider the appeal without briefs,

as justice may require.

RU L E 38.9. BR I E F I N G RU L E S TO B E

CON S TR U E D LI B E R A L LY

Because briefs are meant to acquaint the court with the issues

in a case and to present argument that will enable the court to

decide the case, substantial compliance with this rule is suffi-

cient, subject to the following.

(a) Formal defects. If the court determines that this rule has

been flagrantly violated, it may require a brief to be amended,

supplemented, or redrawn. If another brief that does not com-

ply with this rule is filed, the court may strike the brief, pro-

hibit the party from filing another, and proceed as if the party

had failed to file a brief.

(b) Substantive defects. If the court determines, either before or

after submission, that the case has not been properly presented

in the briefs, or that the law and authorities have not been

properly cited in the briefs, the court may postpone submis-

sion, require additional briefing, and make any other order

necessary for a satisfactory submission of the case.

RULE 39. ORAL ARG UME NT; D ECI SION

WITHOUT ARG UME NT

U LE 3 9.1 . RI GH T TO OR A L ARGU M E N T

A party who has filed a brief and who has timely requested oral

rgument may argue the case to the court unless the court,

after examining the briefs, decides that oral argument is unnec-

essary for any of the following reasons:

(a) the appeal is frivolous;

(b) the dispositive issue or issues have been authoritatively

decided;

the briefs and record; or

(d) the decisional process would not be significantly aided by

oral arguments.

RU L E 39.2. PU R P O S E O F ARG U M E N T

Oral argument should emphasize and clarify the written argu-

ments in the briefs. Counsel should not merely read from pre-

pared text. Counsel should assume that all members of the

court have read the briefs before oral argument and counsel

should be prepared to respond to questions. A party should

not refer to or comment on matters not involved in or pertain-

ing to what is in the record.

RU L E 39.3. TI M E AL L OWE D

The court will set the time that will be allowed for argument.

Counsel must complete argument in the time allotted and may

continue after the expiration of the allotted time only with permis-

sion of the court. Counsel is not required to use all the allotted

time. The appellant must be allowed to conclude the argument.

RU L E 39.4. NU M B E R O F CO U N S E L

Generally, only one counsel should argue for each side. Except

on leave of court, no more than two counsel on each side may

argue. Only one counsel may argue in rebuttal.

RU L E 39.5. AR G U M E N T B Y AM I C U S

With leave of court obtained before the argument and with a

party’s consent, an amicus curiae may share allotted time with

that party. Otherwise, counsel for amicus may not argue.

RU L E 39.6. WH E N ONLY ON E PART Y

FIL E S A BR I E F

If counsel for only one party has filed a brief, the court may

allow that party to argue.

RU L E 39.7. RE QU E S T A N D WA I V E R

A party desiring oral argument must note that request on the

front cover of the party’s brief. A party’s failure to request oral

argument waives the party’s right to argue. But even if a party

has waived oral argument, the court may direct the party to

appear and argue.

RU L E 39.8. CL E R K ’S NOTI C E

The clerk must send to the parties—at least 21 days before the

date the case is set for argument or submission without argu-

ment—a notice telling the parties:

(a) whether the court will allow oral argument or will submit

the case without argument;

(b) the date of argument or submission without argument;

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(d) the names of the members of the panel to which the case

ill be argued or submitted, subject to change by the court.

A party’s failure to receive the notice does not prevent a case’s

argument or submission on the scheduled date.

RULE 40. ORDER O F DECISION

U LE 4 0.1 . CI VI L CA SE S

The court of appeals may determine the order in which civil

cases will be decided. But the following types of cases have

precedence over all others:

(a) a case given precedence by law;

(b) an accelerated appeal; and

in the interest of justice.

RU L E 40.2. CR I M I N A L CAS E S

In cases not otherwise given precedence by law, the court of

appeals must hear and determine a criminal appeal at the ear-

liest possible time, having due regard for the parties’ rights and

for the proper administration of justice.

RULE 41. PA NEL AND EN

BANC DECISION

U LE 4 1.1 . DE CI S IO N B Y PAN E L

(a) Constitution of panel. Unless a court of appeals with more

than three justices votes to decide a case en banc, a case must

be assigned for decision to a panel of the court consisting of

three justices, although not every member of the panel must be

present for argument. If the case is decided without argument,

three justices must participate in the decision. A majority of

the panel, which constitutes a quorum, must agree on the

judgment. Except as otherwise provided in these rules, a

panel’s opinion constitutes the court’s opinion, and the court

must render a judgment in accordance with the panel opinion.

(b) When panel cannot agree on judgment. After argument, if for

any reason a member of the panel cannot participate in decid-

ing a case, the case may be decided by the two remaining jus-

tices. If they cannot agree on a judgment, the chief justice of

the court of appeals must:

(1) designate another justice of the court to sit on the panel

to consider the case;

(2) request the Chief Justice of the Supreme Court to tem-

porarily assign an eligible justice or judge to sit on the panel

to consider the case; or

(3) convene the court en banc to consider the case.

The reconstituted panel or the en banc court may order the

case reargued.

any reason a member of a court consisting of only three justices

cannot participate in deciding a case, the case may be decided by

the two remaining justices. If they cannot agree on a judgment,

that fact must be certified to the Chief Justice of the Supreme

Court. The Chief Justice may then temporarily assign an eligible

justice or judge to sit with the court of appeals to consider the

case. The reconstituted court may order the case reargued.

RU L E 41.2. DE C I S I O N B Y EN BA N C CO U RT

(a) Constitution of en banc court. An en banc court consists of

all members of the court who are not disqualified or recused

and—if the case was originally argued before or decided by a

panel—any members of the panel who are not members of

he court but remain eligible for assignment to the court. A

majority of the en banc court constitute a quorum. A major-

ity of the en banc court must agree on a judgment.

(b) When en banc court cannot agree on judgment. If a majority

of an en banc court cannot agree on a judgment, that fact must

e certified to the Chief Justice of the Supreme Court. The

Chief Justice may then temporarily assign an eligible justice or

judge to sit with the court of appeals to consider the case. The

reconstituted court may order the case reargued.

a case is not favored and should not be ordered unless neces-

sary to secure or maintain uniformity of the court’s decisions

or unless extraordinary circumstances require en banc consid-

eration. A vote to determine whether a case will be heard or

reheard en banc need not be taken unless a justice of the court

requests a vote. If a vote is requested and a majority of the

court’s members vote to hear or rehear the case en banc, the

en banc court will hear or rehear the case. Otherwise, a panel

of the court will consider the case.

RU L E 41.3. PR E C E D E N T I N TRA N SF E RR E D CAS E S

In cases transferred by the Supreme Court from one court of

appeals to another, the court of appeals to which the case is

transferred must decide the case in accordance with the prece-

dent of the transferor court under principles of stare decisis if the

transferee court’s decision otherwise would have been inconsis-

tent with the precedent of the transferor court. The court’s opin-

ion may state whether the outcome would have been different

had the transferee court not been required to decide the case in

accordance with the transferor court’s precedent.

RULE 42. DISMISSAL

RU L E 42.1. VO L U N TA RY DI S M I S S A L A N D

SET T L E M E N T I N CI V I L CA S E S

(a) On motion or by agreement. The appellate court may dispose

of an appeal as follows:

(1) On motion of appellant. In accordance with a motion of

appellant, the court may dismiss the appeal or affirm the

appealed judgment or order unless such disposition would

prevent a party from seeking relief to which it would other-

wise be entitled.

(2) By agreement. In accordance with an agreement signed

by the parties or their attorneys and filed with the clerk, the

court may:

(A) render judgment effectuating the parties’ agreement;

(B) set aside the trial court’s judgment without regard to

the merits and remand the case to the trial court for ren-

dition of judgment in accordance with the agreement; or

court to effectuate the agreement.

(b) Partial disposition. A severable portion of the proceeding

may be disposed of under (a) if it will not prejudice the

remaining parties.

appellate court will determine whether to withdraw any opin-

ion it has already issued. An agreement or motion for dismissal

cannot be conditioned on withdrawal of the opinion.

(d) Costs. Absent agreement of the parties, the court will tax

costs against the appellant.

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34 RU L E S O F A P P E L L AT E P R O C E D U R E

RU L E 42.2. VO L U N TA RY DI S M I S S A L I N

CRI M IN A L CAS E S

(a) At any time before the appellate court’s decision, the appel-

late court may dismiss the appeal upon the appellant’s motion.

The appellant and his or her attorney must sign the written

motion to dismiss and file it in duplicate with the appellate

lerk, who must immediately send the duplicate copy to the

trial court clerk.

(b) After the court of appeals hands down its opinion, it may

not grant an appellant’s motion to dismiss the appeal unless

the other parties consent. If the other parties consent and the

court of appeals grants the appellant’s motion to dismiss the

appeal, the appellate opinion must be withdrawn and the

appeal dismissed. The appellate clerk must send notice of the

dismissal to the trial court clerk.

RU L E 42.3. IN VO LU NTA RY DI S M I S S A L

I N CI V I L CA S E S

Under the following circumstances, on any party’s motion—or

on its own initiative after giving ten days’ notice to all par-

ties—the appellate court may dismiss the appeal or affirm the

appealed judgment or order. Dismissal or affirmance may

occur if the appeal is subject to dismissal:

(a) for want of jurisdiction;

(b) for want of prosecution; or

ment of these rules, a court order, or a notice from the clerk

requiring a response or other action within a specified time.

RU L E 42.4. IN VO LU NTA RY DI S M I S S A L I N

CRI M IN A L CAS E S

The appellate court must dismiss an appeal on the State’s

motion, supported by affidavit, showing that the appellant has

escaped from custody pending the appeal and that to the affi-

ant’s knowledge, the appellant has not, within ten days after

escaping, voluntarily returned to lawful custody within the state.

(a) Timely return to custody; reinstatement. The appeal may not

be dismissed—or, if dismissed, must be reinstated—if an affi-

davit of an officer or other credible person is filed showing that

the appellant, within ten days after escaping, voluntarily

returned to lawful custody within the state.

(b) Life sentence. The appellate court may overrule the motion

to dismiss—or, if the motion was granted, may reinstate the

appeal—if:

(1) the appellant received a life sentence; and

(2) the appellant is recaptured or voluntarily surrenders

within 30 days after escaping.

RULE 43. JUDGMENT O F THE

COURT OF APPEA LS

U LE 4 3.1 . TI M E

The court of appeals should render its judgment promptly

after submission of a case.

RU L E 43.2. TY P E S O F JUD G ME N T

The court of appeals may:

(a) affirm the trial court’s judgment in whole or in part;

(b) modify the trial court’s judgment and affirm it as modified;

render the judgment that the trial court should have rendered;

(d) reverse the trial court’s judgment and remand the case for

further proceedings;

(e) vacate the trial court’s judgment and dismiss the case; or

(

f) dismiss the appeal.

REFORMATION

n appellate court can reform a conviction to a lesser-included

offense without submission of or request for the lesser offense.

Bowen v. State, 374 S.W.3d 427 (Tex. Crim. App. 2012).

RU L E 43.3. RE N D I T I O N AP P R O P R I AT E UN L E S S

REM A ND N E C ES S ARY

When reversing a trial court’s judgment, the court must render the

judgment that the trial court should have rendered, except when:

(a) a remand is necessary for further proceedings; or

(b) the interests of justice require a remand for another trial.

RU L E 43.4. JU D G M E N T F OR CO S TS

I N CI V I L CA S E S

The court of appeals’ judgment should award to the prevailing

party costs incurred by that party related to the appeal,

including filing fees in the court of appeals and costs for prepa-

ration of the record. The court of appeals may tax costs other-

wise as required by law or for good cause. But the judgment

must not require the payment of costs by a party who was enti-

tled to proceed without payment of costs under Rule 20.1, and

a provision in the judgment purporting to do so is void.

RU L E 43.5. JU D G M E N T AG A I N S T

SUR E TI E S I N CI V I L CA S E S

When a court of appeals affirms the trial court judgment, or

modifies that judgment and renders judgment against the

appellant, the court of appeals must render judgment against

the sureties on the appellant’s supersedeas bond, if any, for the

performance of the judgment and for any costs taxed against

the appellant.

RU L E 43.6. OTH E R OR D E R S

The court of appeals may make any other appropriate order

that the law and the nature of the case require.

RULE 44. REVERSIBLE E RROR

U LE 4 4.1 . RE V E R S I B L E ER ROR I N CIV I L CAS E S

(a) Standard for reversible error. No judgment may be reversed

on appeal on the ground that the trial court made an error of

law unless the court of appeals concludes that the error com-

plained of:

(1) probably caused the rendition of an improper judg-

ment; or

(2) probably prevented the appellant from properly pre-

senting the case to the court of appeals.

(b) Error affecting only part of case. If the error affects part of,

but not all, the matter in controversy and that part is separable

without unfairness to the parties, the judgment must be

reversed and a new trial ordered only as to the part affected by

the error. The court may not order a separate trial solely on

unliquidated damages if liability is contested.

RU L E 44.2. RE V E R S I B L E ER RO R

I N CR I M I N A L CA S E S

(a) Constitutional error. If the appellate record in a criminal

case reveals constitutional error that is subject to harmless error

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review, the court of appeals must reverse a judgment of convic-

tion or punishment unless the court determines beyond a rea-

sonable doubt that the error did not contribute to the convic-

ion or punishment.

(b) Other errors. Any other error, defect, irregularity, or variance

that does not affect substantial rights must be disregarded.

the trial court, or unless the record affirmatively shows the

ontrary, the court of appeals must presume:

(1) that venue was proved in the trial court;

(2) that the jury was properly impaneled and sworn;

(3) that the defendant was arraigned;

(4) that the defendant pleaded to the indictment or other

charging instrument; and

(5) that the court’s charge was certified by the trial court

and filed by the clerk before it was read to the jury.

STATUTORY ERROR IS NONCONSTITUTIONAL

When a defendant claims only a statutory violation, the error

must be treated as nonconstitutional for purposes of a harm

analysis, and therefore, the error cannot be deemed structural.

Gray v. State, 159 S.W.3d 95 (Tex. Crim. App. 2005).

RU L E 44.3. DE F E C T S I N PROC E DU R E

A court of appeals must not affirm or reverse a judgment or

dismiss an appeal for formal defects or irregularities in appel-

late procedure without allowing a reasonable time to correct or

amend the defects or irregularities.

RU L E 44.4. RE M E D I A B L E ER R O R

O F T H E TR I A L CO U RT

(a) Generally. A court of appeals must not affirm or reverse a

judgment or dismiss an appeal if:

(1) the trial court’s erroneous action or failure or refusal to

act prevents the proper presentation of a case to the court

of appeals; and

(2) the trial court can correct its action or failure to act.

(b) Court of appeals direction if error remediable. If the circum-

stances described in (a) exist, the court of appeals must direct the

trial court to correct the error. The court of appeals will then pro-

ceed as if the erroneous action or failure to act had not occurred.

ABATEMENT VS. REVERSAL

A defendant may not be entitled to a reversal if an abatement

gives the trial judge a chance to clear up an unclear ruling.

Henery v. State, 364 S.W.3d 915 (Tex. Crim. App. 2012).

RULE 45. DAMAGES FOR FR IVOLOUS

APPEALS IN CIVIL CAS ES

If the court of appeals determines that an appeal is frivolous, it

may—on motion of any party or on its own initiative, after

notice and a reasonable opportunity for response—award each

prevailing party just damages. In determining whether to

award damages, the court must not consider any matter that

does not appear in the record, briefs, or other papers filed in

the court of appeals.

RULE 46. REMIT TITUR IN CIVIL CA SES

U LE 4 6.1 . RE MI T T I T U R A F T E R AP P E A L

PE R F E C T E D

If the trial court suggests a remittitur but the case is appealed

before the remittitur is filed, the party who would make the

remittitur may do so in the court of appeals in the same man-

ner as in the trial court. The court of appeals must then render

he judgment that the trial court should have rendered if the

remittitur had been made in the trial court.

RU L E 46.2. AP P E A L O N RE M I T T I T U R

If a party makes the remittitur at the trial judge’s suggestion

nd the party benefitting from the remittitur appeals, the

remitting party is not barred from contending in the court of

appeals that all or part of the remittitur should not have been

required, but the remitting party must perfect an appeal to

raise that point. If the court of appeals sustains the remitting

party’s contention that remittitur should not have been

required, the court must render the judgment that the trial

court should have rendered.

RU L E 46.3. SU G G E S T I O N O F RE M I T T I T U R B Y

COU RT O F AP P E A L S

The court of appeals may suggest a remittitur. If the remittitur

is timely filed, the court must reform and affirm the trial

court’s judgment in accordance with the remittitur. If the

remittitur is not timely filed, the court must reverse the trial

court’s judgment.

RU L E 46.4. RE F U S A L TO RE MI T MU S T N OT BE

MEN T IO N ED I N LAT E R TR I A L

If the court of appeals suggests a remittitur, but no remittitur

is filed, evidence of the court’s determination regarding remit-

titur is inadmissible in a later trial of the case.

RU L E 46.5. VO L U N TA RY RE M I T T I T U R

If a court of appeals reverses the trial court’s judgment because

of a legal error that affects only part of the damages awarded

by the judgment, the affected party may—within 15 days after

the court of appeals’ judgment—voluntarily remit the amount

that the affected party believes will cure the reversible error. A

party may include in a motion for rehearing—without waiving

any complaint that the court of appeals erred—a conditional

request that the court accept the remittitur and affirm the trial

court’s judgment as reduced. If the court of appeals determines

that the voluntary remittitur is not sufficient to cure the

reversible error, but that remittitur is appropriate, the court

must suggest a remittitur in accordance with Rule 46.3. If the

remittitur is timely filed and the court of appeals determines

that the voluntary remittitur cures the reversible error, then the

court must accept the remittitur and reform and affirm the

trial court judgment in accordance with the remittitur.

RULE 47. OPINIONS, PUBLICAT ION , AND

CITATION

U LE 4 7.1 . WR IT T E N OPI N I O N

The court of appeals must hand down a written opinion that is

as brief as practicable but that addresses every issue raised and

necessary to final disposition of the appeal.

ADDRESS ALL ARGUMENTS

Rule 47.1 requires the court of appeals to hand down a written

opinion “that addresses every issue raised and necessary to the

final disposition of the appeal.” Carsner v. State, 444 S.W.3d 1

(Tex. Crim. App. 2014).

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36 RU L E S O F A P P E L L AT E P R O C E D U R E

RU L E 4

7.2. D

E SI G NAT I O N A ND SI G N I N G O F

OPI N I O N S ; PA RT I C I PAT I N G JU S T I C E S

(a) Civil and criminal cases. Each opinion of the court must be

esignated either an “Opinion” or a “Memorandum

Opinion.” A majority of the justices who participate in consid-

ering the case must determine whether the opinion will be

signed by a justice or will be per curiam and whether it will be

designated an opinion or memorandum opinion. The names

f the participating justices must be noted on all written opin-

ions or orders of the court or a panel of the court.

(b) Criminal cases. In addition, each opinion and memorandum

opinion in a criminal case must bear the notation “publish” or

“do not publish” as determined—before the opinion is handed

down—by a majority of the justices who participate in consid-

ering the case. Any party may move the appellate court to

change the notation, but the court of appeals must not change

the notation after the Court of Criminal Appeals has acted on

any party’s petition for discretionary review or other request for

relief. The Court of Criminal Appeals may, at any time, order

that a “do not publish” notation be changed to “publish.”

cases issued on or after January 1, 2003 shall not be designated

“do not publish.”

RU L E 47.3. DI S T R I BU T I O N O F OPI N I O N S

All opinions of the courts of appeals are open to the public

and must be made available to the public reporting services,

print or electronic.

RU L E 47.4. ME M O R A N D U M OPI N I O N S

If the issues are settled, the court should write a brief memo-

randum opinion no longer than necessary to advise the parties

of the court’s decision and the basic reasons for it. An opinion

may not be designated a memorandum opinion if the author

of a concurrence or dissent opposes that designation. An opin-

ion must be designated a memorandum opinion unless it does

any of the following:

(a) establishes a new rule of law, alters or modifies an existing

rule, or applies an existing rule to a novel fact situation likely

to recur in future cases;

(b) involves issues of constitutional law or other legal issues

important to the jurisprudence of Texas;

(d) resolves an apparent conflict of authority.

RU L E 47.5. CO N C U R R I N G A N D

DIS S EN T IN G OP I N I O N S

Only a justice who participated in the decision of a case may

file or join in an opinion concurring in or dissenting from the

judgment of the court of appeals. Any justice on the court may

file an opinion in connection with a denial of a hearing or

rehearing en banc.

RU L E 47.6. CH A N G E I N DE S I G N ATI O N B Y EN

BAN C CO U RT

A court en banc may change a panel’s designation of an opinion.

RU L E 47.7. CI TAT I O N O F UN P U B L I S H E D

OPI N I O N S

(a) Criminal cases. Opinions and memorandum opinions not

designated for publication by the court of appeals under these or

prior rules have no precedential value but may be cited with the

otation, “(not designated for publication).”

(b) Civil cases. Opinions and memorandum opinions designated

“do not publish” under these rules by the courts of appeals prior

to January 1, 2003 have no precedential value but may be cited

with the notation, “(not designated for publication).” If an

pinion or memorandum opinion issued on or after that date is

erroneously designated “do not publish,” the erroneous designa-

tion will not affect the precedential value of the decision.

RULE 48. COPY OF OPINION A ND

JUDGMENT TO I NTE RES TED PART IES

AND OTHER COURTS

U LE 4 8.1 . RE CI P I E N T S O F OPI N I O N A N D

JUD G ME N T I N AL L C A S E S

On the date when an appellate court’s opinion is handed

down, the appellate clerk must send or deliver copies of the

opinion and judgment to the following persons:

(a) the trial judge;

(b) the trial court clerk;

(d) all parties to the appeal.

RU L E 48.2. AD D I T I O N A L RE C I PI E N T S I N

CRI M IN A L CAS E S

In criminal cases, copies of the opinion and judgment will also

be mailed or delivered to the State Prosecuting Attorney.

RU L E 48.3. FI L I N G OP I N I O N A N D JU D G M E N T

The trial court clerk must file a copy of the opinion and judg-

ment among the papers of the case in that court.

RU L E 48.4. OP I N I O N SE N T TO CR I M I N A L

DEF E ND A NT

In criminal cases, the attorney representing the defendant on

appeal shall, within five days after the opinion is handed down,

send his client a copy of the opinion and judgment, along with

notification of the defendant’s right to file a pro se petition for

discretionary review under Rule 68. This notification shall be

sent certified mail, return receipt requested, to the defendant

at his last known address. The attorney shall also send the

court of appeals a letter certifying his compliance with this rule

and attaching a copy of the return receipt within the time for

filing a motion for rehearing. The court of appeals shall file

this letter in its record of the appeal.

RULE 49. MOTION AND FURTHE R

MOTION FOR RE HEA RIN G

U LE 4 9.1 . MOT I O N F O R REH E AR I NG

A motion for rehearing may be filed within 15 days after the

court of appeals’ judgment or order is rendered. The motion

must clearly state the points relied on for the rehearing.

RU L E 49.2. RE S P O N S E

No response to a motion for rehearing need be filed unless the

court so requests. A motion will not be granted unless a

response has been filed or requested by the court.

RU L E 49.3. DE C I S I O N O N MOTI O N

A motion for rehearing may be granted by a majority of the

justices who participated in the decision of the case.

Otherwise, it must be denied. If rehearing is granted, the court

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or panel may dispose of the case with or without rebriefing and

oral argument.

RU L E 49.4. AC C E L E R AT E D APP E A L S

In an accelerated appeal, the appellate court may deny the

right to file a motion for rehearing or shorten the time to file

such a motion.

RU L E 49.5. FU RT H E R MOTI O N F OR RE H E A R I N G

After a motion for rehearing is decided, a further motion for

rehearing may be filed within 15 days of the court’s action if

the court:

(a) modifies its judgment;

(b) vacates its judgment and renders a new judgment; or

RU L E 49.6. AM E N D M E N T S

A motion for rehearing or en banc reconsideration may be

amended as a matter of right anytime before the 15-day period

allowed for filing the motion expires, and with leave of the

court, anytime before the court of appeals decides the motion.

RU L E 49.7. EN BAN C RE C O N SI D ER AT I O N

A party may file a motion for en banc reconsideration as a sep-

arate motion, with or without filing a motion for rehearing. The

motion must be filed within 15 days after the court of appeals’

judgment or order, or when permitted, within 15 days after the

court of appeals’ denial of the party’s last timely filed motion for

rehearing or en banc reconsideration. While the court of appeals

has plenary power, a majority of the en banc court may, with or

without a motion, order en banc reconsideration of a panel’s

decision. If a majority orders reconsideration, the panel’s judg-

ment or order does not become final, and the case will be resub-

mitted to the court for en banc review and disposition.

RU L E 49.8. EX T EN S IO N S O F TI M E

A court of appeals may extend the time for filing a motion for

rehearing or en banc reconsideration if a party files a motion

complying with Rule 10.5(b) no later than 15 days after the

last date for filing the motion.

RU L E 49.9. NOT R E QU I R E D F OR RE V I E W

A motion for rehearing is not a prerequisite to filing a petition

for review in the Supreme Court or a petition for discretionary

review in the Court of Criminal Appeals nor is it required to

preserve error.

RU L E 49.10. [RE P E A L E D ]

U LE 4 9.1 1. REL AT I O N S H I P TO PE T I T I O N F O R

REV I E W

A party may not file a motion for rehearing or en banc recon-

sideration in the court of appeals after that party has filed a

petition for review in the Supreme Court unless the court of

appeals modifies its opinion or judgment after the petition for

review is filed. The filing of a petition for review does not pre-

clude another party from filing a motion for rehearing or en

banc reconsideration or preclude the court of appeals from rul-

ing on the motion. If a motion for rehearing or en banc recon-

sideration is timely filed after a petition for review is filed, the

petitioner must immediately notify the Supreme Court clerk

of the filing of the motion, and must notify the clerk when the

last timely filed motion is overruled by the court of appeals.

RU L E 49.12. CE RT I F I C AT E O F CO N F E R E N C E

NOT R E QU I R E D

A certificate of conference is not required for a motion for

rehearing or en banc reconsideration of a panel’s decision.

RULE 50—REPEALED

RULE 51. ENFORCEMENT O F

JUDGMENTS AFTER MANDATE

U LE 5 1.1 . CI VI L CA SE S

(a) Statement of costs. The appellate clerk must prepare, and

send to the trial court clerk with the mandate, a statement of

costs showing:

(1) the preparation costs for the appellate record, and any

court of appeals filing fees, with a notation of those items

that have been paid and those that are owing; and

(2) the party or parties against whom costs have been

adjudged.

(b) Enforcement of judgment. When the trial court clerk receives

the mandate, the appellate court’s judgment must be enforced.

Appellate court costs must be included with the trial court

costs in any process to enforce the judgment. If all or part of

the costs are collected, the trial court clerk must immediately

remit to the appellate court clerk any amount due to that clerk.

The trial court need not make any further order in the case,

and the appellate court’s judgment may be enforced as in other

cases, when the appellate judgment:

(1) affirms the trial court’s judgment;

(2) modifies the trial court’s judgment and, as so modified,

affirms that judgment; or

(3) renders the judgment the trial court should have ren-

dered.

RU L E 51.2. CR I M I N A L CAS E S

When the trial court clerk receives the mandate, the appellate

court’s judgment must be enforced as follows:

(a) Clerk’s duties. The trial court clerk must:

(1) send an acknowledgment to the appellate clerk of the

mandate’s receipt; and

(2) immediately file the mandate.

(b) Judgment of affirmance; defendant not in custody.

(1) Capias to be issued. If the judgment contains a sentence of

confinement or imprisonment that has not been suspended,

the trial court must promptly issue a capias for the defendant’s

arrest so that the court’s sentence can be executed.

(2) Contents of capias. The capias may issue to any county

of this state and must be executed and returned as in felony

cases, except that no bail may be taken. The capias must:

(A) recite the fact of conviction;

(B) set forth the offense and the court’s judgment and

sentence;

affirmed, and that the mandate has been filed; and

(D) command the sheriff to arrest and take the defen-

dant into his custody, and to place and keep the defen-

dant in custody until delivered to the proper authorities

as directed by the sentence.

(3) Sheriff’s duties. The sheriff must promptly execute the

capias as directed. The sheriff must notify the trial court

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38 RU L E S O F A P P E L L AT E P R O C E D U R E

clerk and the appellate clerk when the mandate has been

carried out and executed.

(

1) When new trial ordered. When the appellate court reverses

the trial court’s judgment and grants the defendant a new trial,

the procedure is governed by Code of Criminal Procedure

article 44.29. If the defendant is in custody and entitled to

bail, the defendant must be released upon giving bail.

(

2) When case dismissed. When the appellate court reverses

the trial court’s judgment and orders the case to be dis-

missed, the defendant—if in custody—must be dis-

charged.

(d) Judgment of acquittal. When the appellate court reverses a

judgment and orders the defendant’s acquittal, the defen-

dant—if in custody—must be discharged, and no further

order or judgment of the trial court is necessary.

SECTION THREE: ORIGINAL

PROCEEDINGS IN THE

SUPREME COURT AND

THE COURTS OF APPEALS

RULE 52. ORIGINAL P ROC EED ING S

U LE 5 2.1 . CO MM E NC E M E N T

An original appellate proceeding seeking extraordinary relief—

such as a writ of habeas corpus, mandamus, prohibition,

injunction, or quo warranto—is commenced by filing a peti-

tion with the clerk of the appropriate appellate court. The peti-

tion must be captioned “In re [name of relator].”

RU L E 52.2. DE S I G N AT IO N O F PARTI E S

The party seeking the relief is the relator. In original proceed-

ings other than habeas corpus, the person against whom relief

is sought—whether a judge, court, tribunal, officer, or other

person—is the respondent. A person whose interest would be

directly affected by the relief sought is a real party in interest

and a party to the case.

RU L E 52.3. FO R M A N D CO N T EN T S O F PE T I T I O N

The petition must, under appropriate headings and in the order

here indicated, contain the following:

(a) Identity of parties and counsel. The petition must give a

complete list of all parties, and the names, and addresses of all

counsel.

(b) Table of contents. The petition must include a table of con-

tents with references to the pages of the petition. The table of

contents must indicate the subject matter of each issue or

point, or group of issues or points.

authorities arranged alphabetically and indicating the pages of

the petition where the authorities are cited.

(d) Statement of the case. The petition must contain a statement of

the case that should seldom exceed one page and should not dis-

cuss the facts. The statement must contain the following:

(1) a concise description of the nature of any underlying

proceeding (e.g., a suit for damages, a contempt proceeding

for failure to pay child support, or the certification of a can-

didate for inclusion on an election ballot);

(2) if the respondent is a judge, the name of the judge, the

designation of the court in which the judge was sitting, and

the county in which the court is located; and if the respon-

dent is an official other than a judge, the designation and

ocation of the office held by the respondent;

(3) a concise description of the respondent’s action from

hich the relator seeks relief;

(4) if the relator seeks a writ of habeas corpus, a statement

escribing how and where the relator is being deprived of

liberty;

(5) if the petition is filed in the Supreme Court after a petition

requesting the same relief was filed in the court of appeals:

(A) the date the petition was filed in the court of appeals;

(B) the district of the court of appeals and the names of

the justices who participated in the decision;

and the author of any separate opinion;

(D) the citation of the court’s opinion;

(E) the disposition of the case by the court of appeals,

and the date of the court of appeals’ order.

(e) Statement of jurisdiction. The petition must state, without

argument, the basis of the court’s jurisdiction. If the Supreme

Court and the court of appeals have concurrent jurisdiction, the

petition must be presented first to the court of appeals unless

there is a compelling reason not to do so. If the petition is filed

in the Supreme Court without first being presented to the court

of appeals, the petition must state the compelling reason why

the petition was not first presented to the court of appeals.

(f) Issues presented. The petition must state concisely all issues

or points presented for relief. The statement of an issue or

point will be treated as covering every subsidiary question that

is fairly included.

(g) Statement of facts. The petition must state concisely and

without argument the facts pertinent to the issues or points

presented. Every statement of fact in the petition must be sup-

ported by citation to competent evidence included in the

appendix or record.

(h) Argument. The petition must contain a clear and concise

argument for the contentions made, with appropriate citations

to authorities and to the appendix or record.

(i) Prayer. The petition must contain a short conclusion that

clearly states the nature of the relief sought.

(j) Certification. The person filing the petition must certify

that he or she has reviewed the petition and concluded that

every factual statement in the petition is supported by compe-

tent evidence included in the appendix or record.

(k) Appendix.

(1) Necessary contents. The appendix must contain:

(A) a certified or sworn copy of any order complained

of, or any other document showing the matter com-

plained of;

(B) any order or opinion of the court of appeals, if the

petition is filed in the Supreme Court;

rule, regulation, ordinance, statute, constitutional provi-

sion, or other law (excluding case law) on which the

argument is based; and

(D) if a writ of habeas corpus is sought, proof that the

relator is being restrained.

(2) Optional contents. The appendix may contain any other

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item pertinent to the issues or points presented for review,

including copies or excerpts of relevant court opinions,

statutes, constitutional provisions, documents on which the

uit was based, pleadings, and similar material. Items should

not be included in the appendix to attempt to avoid the

page limits for the petition. The appendix should not con-

tain any evidence or other item that is not necessary for a

decision.

RU L E 52.4. RE S P O N S E

Any party may file a response to the petition, but it is not

mandatory. The court must not grant relief—other than tem-

porary relief—before a response has been filed or requested by

the court. The response must conform to the requirements of

52.3, except that:

(a) the list of parties and counsel is not required unless neces-

sary to supplement or correct the list contained in the petition;

(b) the response need not include a statement of the case, a state-

ment of the issues presented, or a statement of the facts unless the

responding party is dissatisfied with that portion of the petition;

petition fails to assert valid grounds for jurisdiction, in which

case the reasons why the court lacks jurisdiction must be con-

cisely stated;

(d) the argument must be confined to the issues or points pre-

sented in the petition; and

(e) the appendix to the response need not contain any item

already contained in an appendix filed by the relator.

RU L E 52.5. RE L ATO R ’S RE P LY TO RE S P O N S E

The relator may file a reply addressing any matter in the

response. However, the court may consider and decide the case

before a reply brief is filed.

RU L E 52.6. [RE PE A L E D ]

U LE 5 2.7 . RE CO R D

(a) Filing by relator required. Relator must file with the peti-

tion:

(1) a certified or sworn copy of every document that is

material to the relator’s claim for relief and that was filed in

any underlying proceeding; and

(2) a properly authenticated transcript of any relevant testi-

mony from any underlying proceeding, including any

exhibits offered in evidence, or a statement that no testimo-

ny was adduced in connection with the matter complained.

(b) Supplementation permitted. After the record is filed, relator

or any other party to the proceeding may file additional mate-

rials for inclusion in the record.

files materials for inclusion in the record must—at the same

time—serve on each party:

(1) those materials not previously served on that party as

part of the record in another original appellate proceeding

in the same or another court; and

(2) an index listing the materials filed and describing them

in sufficient detail to identify them.

RU L E 52.8. AC T I O N O N PE T I T I O N

(a) Relief denied. If the court determines from the petition and any

response and reply that the relator is not entitled to the relief

sought, the court must deny the petition. If the relator in a habeas

corpus proceeding has been released on bond, the court must

remand the relator to custody and issue an order of commitment.

If the relator is not returned to custody, the court may declare the

ond to be forfeited and render judgment against the surety.

(b) Interim action. If the court is of the tentative opinion that

relator is entitled to the relief sought or that a serious question

concerning the relief requires further consideration:

(1) the court must request a response if one has not been filed;

(

2) the Supreme Court may request full briefing under Rule 55;

(3) in a habeas corpus proceeding, the court may order that

relator be discharged on execution and filing of a bond in

an amount set by the court; and

(4) the court may set the case for oral argument.

to relief, it must make an appropriate order. The court may

grant relief without hearing oral argument.

(d) Opinion. When denying relief, the court may hand down an

opinion but is not required to do so. When granting relief, the

court must hand down an opinion as in any other case. Rule 47

is applicable to an order or opinion by a court of appeals except

that the court of appeals may not order an unpublished opinion

published after the Supreme Court or Court of Criminal

Appeals has acted on any party’s petition for extraordinary relief

addressing the same issues.

RU L E 52.9. MOT I O N F O R RE H E A R I N G

Any party may file a motion for rehearing within 15 days after

the final order is rendered. The motion must clearly state the

points relied on for the rehearing. No response to a motion for

rehearing need be filed unless the court so requests. The court

will not grant a motion for rehearing unless a response has

been filed or requested.

RU L E 52.10. TE M P O R A RY RE L I E F

(a) Motion for temporary relief; certificate of compliance. The

relator may file a motion to stay any underlying proceedings or

for any other temporary relief pending the court’s action on

the petition. The relator must notify or make a diligent effort

to notify all parties by expedited means (such as by telephone

or fax) that a motion for temporary relief has been or will be

filed and must certify to the court that the relator has complied

with this paragraph before temporary relief will be granted.

(b) Grant of temporary relief. The court—on motion of any

party or on its own initiative—may without notice grant any

just relief pending the court’s action on the petition. As a con-

dition of granting temporary relief, the court may require a

bond to protect the parties who will be affected by the relief.

Unless vacated or modified, an order gran ting temporary relief

is effective until the case is finally decided.

time to reconsider a grant of temporary relief.

RU L E 52.11. GRO U N D L E S S PE T I T I O N O R

MIS L EA D IN G STAT E M E N T O R RE C O R D

On motion of any party or on its own initiative, the court may—

after notice and a reasonable opportunity to respond—impose

just sanctions on a party or attorney who is not acting in good

faith as indicated by any of the following:

(a) filing a petition that is clearly groundless;

(b) bringing the petition solely for delay of an underlying pro-

ceeding;

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40 RU L E S O F A P P E L L AT E P R O C E D U R E

material fact in the petition or response; or

(d) filing an appendix or record that is clearly misleading

ecause of the omission of obviously important and material

evidence or documents.

SECTION FOUR: PROCEEDINGS IN

THE SUPREME COURT

RULE 53. PETITION FOR REVIEW

U LE 5 3.1 . ME TH O D O F REV I E W

The Supreme Court may review a court of appeals’ final judg-

ment on a petition for review addressed to “The Supreme

Court of Texas.” A party who seeks to alter the court of

appeals’ judgment must file a petition for review. The petition

for review procedure replaces the writ of error procedure.

Statutes pertaining to the writ of error in the Supreme Court

apply equally to the petition for review.

RU L E 53.2. CO N T E N TS O F PE T I T IO N

The petition for review must, under appropriate headings and

in the order here indicated, contain the following items:

(a) Identity of parties and counsel. The petition must give a

complete list of all parties to the trial court’s final judgment,

and the names and addresses of all trial and appellate counsel.

(b) Table of contents. The petition must have a table of contents

with references to the pages of the petition. The table of con-

tents must indicate the subject matter of each issue or point,

or group of issues or points.

authorities arranged alphabetically and indicating the pages of

the petition where the authorities are cited.

(d) Statement of the case. The petition must contain a statement

of the case that should seldom exceed one page and should not

discuss the facts. The statement must contain the following:

(1) a concise description of the nature of the case (e.g., whether

it is a suit for damages, on a note, or in trespass to try title);

(2) the name of the judge who signed the order or judg-

ment appealed from;

(3) the designation of the trial court and the county in

which it is located;

(4) the disposition of the case by the trial court;

(5) the parties in the court of appeals;

(6) the district of the court of appeals;

(7) the names of the justices who participated in the deci-

sion in the court of appeals, the author of the opinion for

the court, and the author of any separate opinion;

(8) the citation for the court of appeals’ opinion; and

(9) the disposition of the case by the court of appeals,

including the disposition of any motions for rehearing or en

banc reconsideration, and whether any motions for rehear-

ing or en banc reconsideration are pending in the court of

appeals at the time the petition for review is filed.

(e) Statement of jurisdiction. The petition must state, without

argument, the basis of the Court’s jurisdiction.

(f) Issues presented. The petition must state concisely all issues

or points presented for review. The statement of an issue or

point will be treated as covering every subsidiary question that

is fairly included. If the matter complained of originated in the

trial court, it should have been preserved for appellate review

in the trial court and assigned as error in the court of appeals.

(

g) Statement of facts. The petition must affirm that the court

of appeals correctly stated the nature of the case, except in any

particulars pointed out. The petition must state concisely and

without argument the facts and procedural background perti-

nent to the issues or points presented. The statement must be

upported by record references.

(h) Summary of the argument. The petition must contain a suc-

cinct, clear, and accurate statement of the arguments made in

the body of the petition. This summary must not merely

repeat the issues or points presented for review.

(i) Argument. The petition must contain a clear and concise

argument for the contentions made, with appropriate citations

to authorities and to the record. The argument need not

address every issue or point included in the statement of issues

or points. Any issue or point not addressed may be addressed

in the brief on the merits if one is requested by the Court. The

argument should state the reasons why the Supreme Court

should exercise jurisdiction to hear the case with specific refer-

ence to the factors listed in Rule 56.1(a). The petition need not

quote at length from a matter included in the appendix; a ref-

erence to the appendix is sufficient. The Court will consider

the court of appeals’ opinion along with the petition, so state-

ments in that opinion need not be repeated.

(j) Prayer. The petition must contain a short conclusion that

clearly states the nature of the relief sought.

(k) Appendix.

(1) Necessary contents. Unless voluminous or impracticable,

the appendix must contain a copy of:

(A) the judgment or other appealable order of the trial

court from which relief in the court of appeals was sought;

(B) the jury charge and verdict, if any, or the trial court’s

findings of fact and conclusions of law, if any;

(D) the text of any rule, regulation, ordinance, statute,

constitutional provision, or other law on which the argu-

ment is based (excluding case law), and the text of any con-

tract or other document that is central to the argument.

(2) Optional contents. The appendix may contain any other

item pertinent to the issues or points presented for review,

including copies or excerpts of relevant court opinions,

statutes, constitutional provisions, documents on which the

suit was based, pleadings, and similar material. Items

should not be included in the appendix to attempt to avoid

the page limits for the petition.

RU L E 53.3. RE S P O N S E TO PE T I T I O N

F OR R E V I E W

Any other party to the appeal may file a response to the peti-

tion for review, but it is not mandatory. If no response is timely

filed, or if a party files a waiver of response, the Court will con-

sider the petition without a response. A petition will not be

granted before a response has been filed or requested by the

Court. The response must conform to the requirements of

53.2, except that:

(a) the list of parties and counsel is not required unless neces-

sary to supplement or correct the list contained in the petition;

(b) a statement of the case and a statement of the facts need

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RU L E S O F A P P E L L AT E P R O C E D U R E 41

not be made unless the respondent is dissatisfied with that por-

tion of the petition;

(

1) the respondent is dissatisfied with the statement made

in the petition;

(2) the respondent is asserting independent grounds for

affirmance of the court of appeals’ judgment; or

(3) the respondent is asserting grounds that establish the

espondent’s right to a judgment that is less favorable to the

respondent than the judgment rendered by the court of

appeals but more favorable to the respondent than the

judgment that might be awarded to the petitioner (e.g., a

remand for a new trial rather than a rendition of judgment

in favor of the petitioner);

(d) a statement of jurisdiction should be omitted unless the

petition fails to assert valid grounds for jurisdiction, in which

case the reasons why the Supreme Court lacks jurisdiction

must be concisely stated;

(e) the respondent’s argument must be confined to the issues

or points presented in the petition or asserted by the respon-

dent in the respondent’s statement of issues; and

(f ) the appendix to the response need not contain any item

already contained in an appendix filed by the petitioner.

RU L E 53.4. PO I N T S NOT CON S ID E RE D I N

COU RT O F AP P E A L S

To obtain a remand to the court of appeals for consideration of

issues or points briefed in that court but not decided by that

court, or to request that the Supreme Court consider such issues

or points, a party may raise those issues or points in the petition,

the response, the reply, any brief, or a motion for rehearing.

RU L E 53.5. PE T I T I O N E R ’S RE P LY T O RE S P O N S E

The petitioner may file a reply addressing any matter in the

response. However, the Court may consider and decide the

case before a reply brief is filed.

RU L E 53.6. [RE PE A L E D ]

U LE 5 3.7 . TI M E A N D P L A C E O F FI L I N G

(a) Petition. Unless the Supreme Court orders an earlier filing

deadline, the petition must be filed with the Supreme Court

clerk within 45 days after the following:

(1) the date the court of appeals rendered judgment, if no

motion for rehearing or en banc reconsideration is timely

filed; or

(2) the date of the court of appeals’ last ruling on all timely

filed motions for rehearing or en banc reconsideration.

(b) Premature filing. A petition filed before the last ruling on

all timely filed motions for rehearing and en banc reconsider-

ation is treated as having been filed on the date of, but after,

the last ruling on any such motion. If a party files a petition for

review while a motion for rehearing or en banc reconsideration

is pending in the court of appeals, the party must include that

information in its petition for review.

review within the time specified in 53.7(a)—or within the time

specified by the Supreme Court in an order granting an exten-

sion of time to file a petition—any other party required to file

a petition may do so within 45 days after the last timely motion

for rehearing is overruled or within 30 days after any preceding

petition is filed, whichever date is later.

(d) Response. Any response must be filed with the Supreme

ourt clerk within 30 days after the petition is filed.

(e) Reply. Any reply must be filed with the Supreme Court

clerk within 15 days after the response is filed.

(f) Extension of time. The Supreme Court may extend the time

to file a petition for review if a party files a motion complying

ith Rule 10.5(b) no later than 15 days after the last day for

filing the petition. The Supreme Court may extend the time to

file a response or reply if a party files a motion complying with

Rule 10.5(b) either before or after the response or reply is due.

(g) Petition filed in court of appeals. If a petition is mistakenly

filed in the court of appeals, the petition is deemed to have

been filed the same day with the Supreme Court clerk, and the

court of appeals clerk must immediately send the petition to

the Supreme Court clerk.

RU L E 53.8. AM E N D M E N T

On motion showing good cause, the Court may allow the peti-

tion, response, or reply to be amended on such reasonable

terms as the Court may prescribe.

RU L E 53.9. CO U RT M AY RE QU I R E RE V I S I O N

If a petition, response, or reply does not conform with these

rules, the Supreme Court may require the document to be

revised or may return the document to the party who filed it and

consider the case without allowing the document to be revised.

RULE 54. FILING THE RECORD

U LE 5 4.1 . RE QUE S T F O R RE C O R D

With or without granting the petition for review, the Supreme

Court may request that the record from the court of appeals be

filed with the clerk of the Supreme Court.

RU L E 54.2. DU T Y O F CO U RT

O F AP P E A L S CL E R K

(a) Request for record. The court of appeals clerk must not send

the record to the Supreme Court unless it is requested. Upon

receiving the Supreme Court clerk’s request for the record, the

court of appeals clerk must promptly send to the Supreme

Court clerk all of the following:

(1) the original record;

(2) any motion filed in the court of appeals;

(3) copies of all orders of the court of appeals; and

(4) copies of all opinions and the judgment of the court of

appeals.

(b) Nondocumentary exhibits. The clerk should not send any

nondocumentary exhibits unless the Supreme Court specifical-

ly requests.

RU L E 54.3. EX P E N S E S

The petitioner must pay to the court of appeals clerk a sum

sufficient to pay the cost of mailing or shipping the record to

and from the Supreme Court clerk.

RU L E 54.4. DU T Y O F SU P R E M E CO U RT CL E R K

Upon receiving the record, the Supreme Court clerk must file it

and enter the filing on the docket. The clerk may refuse the

record if the charges for mailing or shipping have not been paid.

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42 RU L E S O F A P P E L L AT E P R O C E D U R E

RULE 55. BRIEFS ON THE MERITS

U LE 5 5.1 . RE QUE S T B Y CO U RT

A brief on the merits must not be filed unless requested by the

Court. With or without granting the petition for review, the

ourt may request the parties to file briefs on the merits. In

appropriate cases, the Court may realign parties and direct that

parties file consolidated briefs.

RU L E 55.2. PE T I T I O N E R ’S BR I E F

O N T H E ME R I T S

The petitioner’s brief on the merits must be confined to the

issues or points stated in the petition for review and must,

under appropriate headings and in the order here indicated,

contain the following items:

(a) Identity of parties and counsel. The brief must give a com-

plete list of all parties to the trial court’s final judgment, and

the names and addresses of all trial and appellate counsel.

(b) Table of contents. The brief must have a table of contents

with references to the pages of the brief. The table of contents

must indicate the subject matter of each issue or point, or

group of issues or points.

ities arranged alphabetically and indicating the pages of the

brief where the authorities are cited.

(d) Statement of the case. The brief must contain a statement of

the case that should seldom exceed one page and should not

discuss the facts. The statement must contain the following:

(1) a concise description of the nature of the case (e.g.,

whether it is a suit for damages, on a note, or in trespass to

try title);

(2) the name of the judge who signed the order or judg-

ment appealed from;

(3) the designation of the trial court and the county in

which it is located;

(4) the disposition of the case by the trial court;

(5) the parties in the court of appeals;

(6) the district of the court of appeals;

(7) the names of the justices who participated in the decision

in the court of appeals, the author of the opinion for the

court, and the author of any separate opinion;

(8) the citation for the court of appeals’ opinion, if avail-

able, or a statement that the opinion was unpublished; and

(9) the disposition of the case by the court of appeals.

(e) Statement of jurisdiction. The brief must state, without

argument, the basis of the Court’s jurisdiction.

(f) Issues presented. The brief must state concisely all issues or

points presented for review. The statement of an issue or point

will be treated as covering every subsidiary question that is fair-

ly included. The phrasing of the issues or points need not be

identical to the statement of issues or points in the petition for

review, but the brief may not raise additional issues or points

or change the substance of the issues or points presented in the

petition.

(g) Statement of facts. The brief must affirm that the court of

appeals correctly stated the nature of the case, except in any

particulars pointed out. The brief must state concisely and

without argument the facts and procedural background perti-

nent to the issues or points presented. The statement must be

supported by record references.

(h) Summary of the argument. The brief must contain a suc-

cinct, clear, and accurate statement of the arguments made in

the body of the brief. This summary must not merely repeat

he issues or points presented for review.

(i) Argument. The brief must contain a clear and concise argu-

ment for the contentions made, with appropriate citations to

authorities and to the record.

(j) Prayer. The brief must contain a short conclusion that clear-

y states the nature of the relief sought.

RU L E 55.3. RE S P O N D E N T ’S BR I E F

If the petitioner files a brief on the merits, any other party to

the appeal may file a brief in response, which must conform to

55.2, except that:

(a) the list of parties and counsel is not required unless neces-

sary to supplement or correct the list contained in the petition-

er’s brief;

(b) a statement of the case and a statement of the facts need

not be made unless the respondent is dissatisfied with that por-

tion of the petitioner’s brief; and

(1) the respondent is dissatisfied with the statement made

in the petitioner’s brief;

(2) the respondent is asserting independent grounds for

affirmance of the court of appeals’ judgment; or

(3) the respondent is asserting grounds that establish the

respondent’s right to a judgment that is less favorable to the

respondent than the judgment rendered by the court of

appeals but more favorable to the respondent than the

judgment that might be awarded to the petitioner (e.g., a

remand for a new trial rather than a rendition of judgment

in favor of the petitioner);

(d) a statement of jurisdiction should be omitted unless the

petition fails to assert valid grounds for jurisdiction; and

(e) the respondent’s argument must be confined to the issues or

points presented in the petitioner’s brief or asserted by the

respondent in the respondent’s statement of issues.

RU L E 55.4. PE T I T I O N E R ’S BR I E F I N RE P LY

The petitioner may file a reply brief addressing any matter in

the brief in response. However, the Court may consider and

decide the case before a reply brief is filed.

RU L E 55.5. RE L I A N C E O N PRI O R BR I E F

As a brief on the merits or a brief in response, a party may file

the brief that the party filed in the court of appeals.

RU L E 55.6. [RE PE A L E D ]

U LE 5 5.7 . TI M E A N D P L A C E O F FI L I N G ;

X T E N S I O N O F TI M E

Briefs must be filed with the Supreme Court clerk in accor-

dance with the schedule stated in the clerk’s notice that the

Court has requested briefs on the merits. If no schedule is stat-

ed in the notice, petitioner must file a brief on the merits with-

in 30 days after the date of the notice, respondent must file a

brief in response within 20 days after receiving petitioner’s

brief, and petitioner must file any reply brief within 15 days

after receiving respondent’s brief. On motion complying with

Rule 10.5(b) either before or after the brief is due, the Supreme

Court may extend the time to file a brief.

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RU L E 55.8. AM E N D M E N T

On motion showing good cause, the Court may allow a party

to amend a brief on such reasonable terms as the Court may

rescribe.

RU L E 55.9. CO U RT M AY RE QU I R E RE V I S I O N

If a brief does not conform with these rules, the Supreme

Court may require the brief to be revised or may return it to

he party who filed it and consider the case without further

briefing by that party.

RULE 56. ORDERS ON PETITION

FOR REVIEW

U LE 5 6.1 . OR DE R S O N PE T I T I O N F O R R E VI E W

(a) Considerations in granting review. Whether to grant review

is a matter of judicial discretion. Among the factors the

Supreme Court considers in deciding whether to grant a peti-

tion for review are the following:

(1) whether the justices of the court of appeals disagree on

an important point of law;

(2) whether there is a conflict between the courts of appeals

on an important point of law;

(3) whether a case involves the construction or validity of a

statute;

(4) whether a case involves constitutional issues;

(5) whether the court of appeals appears to have committed

an error of law of such importance to the state’s jurispru-

dence that it should be corrected; and

(6) whether the court of appeals has decided an important

question of state law that should be, but has not been,

resolved by the Supreme Court.

(b) Petition denied or dismissed. When the petition has been on

file in the Supreme Court for 30 days, the Court may deny or

dismiss the petition—whether or not a response has been

filed—with one of the following notations:

(1) “Denied.” If the Supreme Court is not satisfied that the

opinion of the court of appeals has correctly declared the

law in all respects, but determines that the petition presents

no error that requires reversal or that is of such importance

to the jurisprudence of the state as to require correction, the

Court will deny the petition with the notation “Denied.”

(2) “Dismissed w.o.j.” If the Supreme Court lacks jurisdic-

tion, the Court will dismiss the petition with the notation

“Dismissed for Want of Jurisdiction.”

response has been filed or requested—that the court of appeals’

judgment is correct and that the legal principles announced in

the opinion are likewise correct, the Court will refuse the peti-

tion with the notation “Refused.” The court of appeals’ opinion

in the case has the same precedential value as an opinion of the

Supreme Court.

(d) Improvident grant. If the Court has granted review but later

decides that review should not have been granted, the Court

may, without opinion, set aside the order granting review and

dismiss the petition or deny or refuse review as though review

had never been granted.

RU L E 56.2. MO OT CA S E S

If a case is moot, the Supreme Court may, after notice to the

parties, grant the petition and, without hearing argument, dis-

miss the case or the appealable portion of it without addressing

the merits of the appeal.

RU L E 5

6.3. S

E T T L E D CA S E S

If a case is settled by agreement of the parties and the parties so

move, the Supreme Court may grant the petition if it has not

already been granted and, without hearing argument or consid-

ring the merits, render a judgment to effectuate the agreement.

The Supreme Court’s action may include setting aside the judg-

ment of the court of appeals or the trial court without regard to

the merits and remanding the case to the trial court for rendition

of a judgment in accordance with the agreement. The Supreme

Court may abate the case until the lower court’s proceedings to

effectuate the agreement are complete. A severable portion of

the proceeding may be disposed of if it will not prejudice the

remaining parties. In any event, the Supreme Court’s order does

not vacate the court of appeals’ opinion unless the order specif-

ically provides otherwise. An agreement or motion cannot be

conditioned on vacating the court of appeals’ opinion.

RU L E 56.4. NOT I C E T O PA RTI E S

When the Supreme Court grants, denies, refuses, or dismisses

a petition for review, the Supreme Court clerk must send a

written notice of the disposition to the court of appeals, the

trial court, and all parties to the appeal.

RU L E 56.5. RE T U R N O F DO C U M E N T S TO

COU RT O F AP P E A L S

When the Supreme Court denies, refuses, or dismisses a peti-

tion for review, the clerk will retain the petition, together with

the record and accompanying papers, for 30 days after the

order is rendered. If no motion for rehearing has been filed by

the end of that period or when any motion for rehearing of the

order has been overruled, the clerk must send a certified copy

of its order to the court of appeals and return the record and

all papers (except for documents filed in the Supreme Court)

to the court of appeals clerk.

RULE 57. DIRECT APPEA LS TO THE

SUPREME COURT

RU L E 57.1. AP P L I C AT IO N

This rule governs direct appeals to the Supreme Court that are

authorized by the Constitution and by statute. Except when

inconsistent with a statute or this rule, the rules governing

appeals to courts of appeals also apply to direct appeals to the

Supreme Court.

RU L E 57.2. JU R I S D I C T I O N

The Supreme Court may not take jurisdiction over a direct

appeal from the decision of any court other than a district

court or county court, or over any question of fact. The

Supreme Court may decline to exercise jurisdiction over a

direct appeal of an interlocutory order if the record is not ade-

quately developed, or if its decision would be advisory, or if the

case is not of such importance to the jurisprudence of the state

that a direct appeal should be allowed.

RU L E 57.3. STATE M E N T O F JU R I S D I C T I O N

Appellant must file with the record a statement fully but plainly

setting out the basis asserted for exercise of the Supreme Court’s

jurisdiction. Appellee may file a response to appellant’s statement

of jurisdiction within ten days after the statement is filed.

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44 RU L E S O F A P P E L L AT E P R O C E D U R E

RU L E 57.4. PR E L I M I N A RY RU L I N G O N

JUR I SD I CT I ON

If the Supreme Court notes probable jurisdiction over a direct

appeal, the parties must file briefs under Rule 38 as in any other

case. If the Supreme Court does not note probable jurisdiction

ver a direct appeal, the appeal will be dismissed.

RU L E 57.5. DI R E C T AP PE A L EXC L U S I V E

WHI L E PE N D I N G

If a direct appeal to the Supreme Court is filed, the parties to

the appeal must not, while that appeal is pending, pursue an

appeal to the court of appeals. But if the direct appeal is dis-

missed, any party may pursue any other appeal available at the

time when the direct appeal was filed. The other appeal must

be perfected within ten days after dismissal of the direct appeal.

RULE 58. CERTIFICATION OF

QUESTIONS OF LAW BY UNITED

STAT ES COURTS

U LE 5 8.1 . CE RT I F I C AT I O N

The Supreme Court of Texas may answer questions of law cer-

tified to it by any federal appellate court if the certifying court

is presented with determinative questions of Texas law having

no controlling Supreme Court precedent. The Supreme Court

may decline to answer the questions certified to it.

RU L E 58.2. CO N T E N TS O F T H E

CERT I F I C AT I O N OR D E R

An order from the certifying court must set forth:

(a) the questions of law to be answered; and

(b) a stipulated statement of all facts relevant to the questions

certified, showing fully the nature of the controversy in which

the questions arose.

RU L E 58.3. TR A N S M I S S I O N O F

CERT I F I C AT I O N OR D E R

The clerk of the certifying court must send to the clerk of the

Supreme Court of Texas the following:

(a) the certification order under the certifying court’s official

seal;

(b) a list of the names of all parties to the pending case, giving

the address and telephone number, if known, of any party not

represented by counsel; and

counsel for each party.

RU L E 58.4. TR A N S M I S S I O N O F RE C O R D

The certifying court should not send the Supreme Court of

Texas the record in the pending case with the certification

order. The Supreme Court may later require the original or

copies of all or part of the record before the certifying court to

be filed with the Supreme Court clerk.

RU L E 58.5. FE E S A N D CO S T S

Unless the certifying court orders otherwise in its certification

order, the parties must bear equally the fees under Rule 5.

RU L E 58.6. NOT I C E

If the Supreme Court agrees to answer the questions certified

to it, the Court will notify all parties and the certifying court.

The Supreme Court clerk must also send a notice to the

Attorney General of Texas if:

(a) the constitutionality of a Texas statute is the subject of a

certified question that the Supreme Court has agreed to

answer; and

(

b) the State of Texas or an officer, agency, or employee of the

state is not a party to the proceeding in the certifying court.

RU L E 58.7. BR I E F S A N D OR A L ARG U M E N T

(

a) Briefs. The appealing party in the certifying court must file a

brief with the Supreme Court clerk within 30 days after the date

of the notice. Opposing parties must file an answering brief with-

in 20 days after receiving the opening brief. Briefs must comply

with Rule 55 to the extent its provisions apply. On motion com-

plying with Rule 10.5(b), either before or after the brief is due,

the Supreme Court may extend the time to file a brief.

(b) Oral argument. Oral argument may be granted either on a

party’s request or on the Court’s own initiative. Argument is

governed by Rule 59.

RU L E 58.8. IN T E RV E N T I O N B Y T H E STAT E

If the constitutionality of a Texas statute is the subject of a cer-

tified question that the Supreme Court has agreed to answer

the State of Texas may intervene at any reasonable time for

briefing and oral argument (if argument is allowed), on the

question of constitutionality.

RU L E 58.9. OP I N I O N O N CE RT IF I ED QU E S T I O N S

If the Supreme Court has agreed to answer a certified question,

it will hand down an opinion as in any other case.

RULE 58.10. ANSWER ING CERTIFIED QUESTIONS

After all motions for rehearing have been overruled, the

Supreme Court clerk must send to the certifying court the

written opinion on the certified questions. The opinion must

be under the Supreme Court’s seal.

RULE 59. SUBMISSION AND ARGUMENT

RU L E 59.1. SU B M I S S I O N WIT H OU T ARG U M E N T

If at least six members of the Court so vote, a petition may be

granted and an opinion handed down without oral argument.

RU L E 59.2. SU B M I S S I O N WIT H ARG U M E N T

If the Supreme Court decides that oral argument would aid the

Court, the Court will set the case for argument. The clerk will

notify all parties of the submission date.

RU L E 59.3. PU R P O S E O F ARG U M E N T

Oral argument should emphasize and clarify the written argu-

ments in the briefs. Counsel should not merely read from a

prepared text. Counsel should assume that all Justices have

read the briefs before oral argument and should be prepared to

respond to the Justices’ questions.

RU L E 59.4. TI M E F O R ARGU M E N T

Each side is allowed only as much time as the Court orders.

Counsel is not required to use all the allotted time. On motion

filed before the day of argument, the Court may extend the

time for argument. The Court may also align the parties for

purposes of presenting argument.

RU L E 59.5. NU M B E R O F CO U N S E L

Generally, only one counsel should argue for each side. Except

on leave of court, no more than two counsel on each side may

argue. Only one counsel may argue in rebuttal.

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RU L E 59.6. AR G U M E N T B Y AM I C U S CU R I A E

With leave of court obtained before the argument and with a

party’s consent, an amicus may share allotted time with that

arty. Otherwise, counsel for amicus curiae may not argue.

RULE 60. JUDGMENTS IN TH E

SUPREME COURT

RU L E 60.1. AN N O U N C E M E N T O F JU D G M E N T S

The Court’s judgments will be announced by the clerk.

RU L E 60.2. TY P E S O F JUD G ME N T

The Supreme Court may:

(a) affirm the lower court’s judgment in whole or in part;

(b) modify the lower court’s judgment and affirm it as modified;

render the judgment that the lower court should have rendered;

(d) reverse the lower court’s judgment and remand the case for

further proceedings;

(e) vacate the judgments of the lower courts and dismiss the

case; or

(f) vacate the lower court’s judgment and remand the case for

further proceedings in light of changes in the law.

RU L E 60.3. RE M A N D I N T H E

INT E RE S T O F JU S T I C E

When reversing the court of appeal’s judgment, the Supreme

Court may, in the interest of justice, remand the case to the trial

court even if a rendition of judgment is otherwise appropriate.

RU L E 60.4. JU D G M E N T F OR CO S TS

The Supreme Court’s judgment will award to the prevailing

party the costs incurred by that party in the Supreme Court. If

appropriate, the judgment may also award the prevailing party

the costs—including preparation costs for the record—

incurred by that party in the court of appeals and in the trial

court. But the Court may tax costs otherwise as required by

law or for good cause.

RU L E 60.5. JU D G M E N T AG A I N S T SU R E T I E S

When affirming, modifying, or rendering a judgment against

the party who was the appellant in the court of appeals, the

Supreme Court must render judgment against the sureties on

that party’s supersedeas bond, if any, for the performance of

the judgment. If the Supreme Court taxes costs against the

party who was the appellant in the court of appeals, the Court

must render judgment for those costs against the sureties on

that party’s supersedeas bond, if any.

RU L E 60.6. OTH E R OR D E R S

The Supreme Court may make any other appropriate order

required by the law and the nature of the case.

RULE 61. REVERSIBLE E RROR

U LE 6 1.1 . STA N D A R D F O R R E VE R SI B LE ER RO R

No judgment may be reversed on appeal on the ground that

the trial court made an error of law unless the Supreme Court

concludes that the error complained of:

(a) probably caused the rendition of an improper judgment; or

(b) probably prevented the petitioner from properly presenting

the case to the appellate courts.

RU L E 61.2. ER RO R AF F E C T I N G ON LY

PA RT O F T H E CAS E

If the error affects a part, but not all, of the matter in controversy,

and that part is separable without unfairness to the parties, the

judgment must be reversed and a new trial ordered only as to the

part affected by the error. The Court may not order a separate

rial solely on unliquidated damages if liability is contested.

RU L E 61.3. DE F E C T S I N PROC E DU R E

The Supreme Court will not affirm or reverse a judgment or

dismiss a petition for review for formal defects or irregularities

in appellate procedure without allowing a reasonable time to

correct or amend the defects or irregularities.

RU L E 61.4. RE M E D I A B L E ER R O R O F T H E TR I A L

COU RT O R CO U RT O F AP P E A L S

(a) Generally. The Supreme Court will not affirm or reverse a

judgment or dismiss a petition for review if:

(1) the trial court’s or court of appeals’ erroneous action or

failure or refusal to act prevents the proper presentation of

a case to the Supreme Court; and

(2) the trial court or court of appeals can correct its action

or failure to act.

(b) Supreme Court direction if error remediable. If the circum-

stances described in (a) exist, the Supreme Court will direct the

trial court or court of appeals to correct the error. The Supreme

Court will then proceed as if the error had not occurred.

RULE 62. DAMAGES FOR FR IVOLOUS

APPEALS

If the Supreme Court determines that a direct appeal or a peti-

tion for review is frivolous, it may—on motion of any party or

on its own initiative, after notice and a reasonable opportunity

for response—award to each prevailing party just damages. In

determining whether to award damages, the Court must not

consider any matter that does not appear in the record, briefs, or

other papers filed in the court of appeals or the Supreme Court.

RULE 63. OPINIONS; COPY OF OPIN ION

AND JUDGMENT TO INTERESTED

PARTIES AND OTHER CO URTS

The Supreme Court will hand down a written opinion in all

cases in which it renders a judgment. The clerk will send a

copy of the opinion and judgment to the court of appeals

clerk, the trial court clerk, the regional administrative judge,

and all parties to the appeal.

RULE 64. MOTION FOR REHEARING

U LE 6 4.1 . TI M E F O R F I L I N G

A motion for rehearing may be filed with the Supreme Court

clerk within 15 days from the date when the Court renders

judgment or makes an order disposing of a petition for review.

In exceptional cases, if justice requires, the Court may shorten

the time within which the motion may be filed or even deny

the right to file it altogether.

RU L E 64.2. CO N T E N TS

The motion must specify the points relied on for the rehear-

ing.

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46 RU L E S O F A P P E L L AT E P R O C E D U R E

RU L E 64.3. RE S P O N S E A ND DE C I S I O N

No response to a motion for rehearing need be filed unless the

Court so requests. A motion will not be granted unless a

esponse has been filed or requested by the Court. But in excep-

tional cases, if justice so requires, the Court may deny the right

to file a response and act on a motion any time after it is filed.

RU L E 64.4. SE C O N D MOT I O N

he Court will not consider a second motion for rehearing

unless the Court modifies its judgment, vacates its judgment

and renders a new judgment, or issues a different opinion.

RU L E 64.5. EX T EN S IO N S O F TI M E

The Court may extend the time to file a motion for rehearing

in the Supreme Court, if a motion complying with Rule 10.5

(b) is filed with the Court no later than 15 days after the last

date for filing a motion for rehearing.

RULE 65. ENFORCEMENT O F JUDGMENT

AFTER MANDATE

U LE 6 5.1 . STAT E M E N T O F CO S T S

The Supreme Court clerk will prepare, and send to the clerk to

whom the mandate is directed, a statement of costs showing:

(a) the costs that were incurred in the Supreme Court, with a

notation of those items that have been paid and those that are

owing; and

(b) the party or parties against whom costs have been adjudged.

RU L E 65.2. EN F O R C E M E N T O F JU D G M E N T

If the Supreme Court renders judgment, the trial court need

not make any further order. Upon receiving the Supreme

Court’s mandate, the trial court clerk must proceed to enforce

the judgment of the Supreme Court’s as in any other case.

Appellate court costs must be included with the trial court

costs in any process to enforce the judgment. If all or part of

the costs are collected, the trial court clerk must immediately

remit to the appellate court clerk any amount due to that clerk.

SECTION FIVE: PROCEEDINGS

IN THE COURT OF

CRIMINAL APPEALS

RULE 66. DISCRETIONARY REVIEW

IN GENERAL

U LE 6 6.1 . WI TH O R WI T H O U T PE T I T I O N

The Court of Criminal Appeals may review a court of

appeals’ decision in a criminal case on its own initiative

under Rule 67 or on the petition of a party under Rule 68.

RU L E 66.2. NOT A MAT T E R O F RI G H T

Discretionary review by the Court of Criminal Appeals is not

a matter of right, but of the Court’s discretion.

RU L E 66.3. RE A S O N S F O R GRA N TI N G REV I E W

While neither controlling nor fully measuring the Court of

Criminal Appeals’ discretion, the following will be considered by

the Court in deciding whether to grant discretionary review:

(a) whether a court of appeals’ decision conflicts with another

court of appeals’ decision on the same issue;

(b) whether a court of appeals has decided an important ques-

tion of state or federal law that has not been, but should be,

settled by the Court of Criminal Appeals;

(

c) whether a court of appeals has decided an important ques-

tion of state or federal law in a way that conflicts with the

applicable decisions of the Court of Criminal Appeals or the

Supreme Court of the United States;

(d) whether a court of appeals has declared a statute, rule, reg-

lation, or ordinance unconstitutional, or appears to have mis-

construed a statute, rule, regulation, or ordinance;

(e) whether the justices of a court of appeals have disagreed on a

material question of law necessary to the court’s decision; and

(f) whether a court of appeals has so far departed from the

accepted and usual course of judicial proceedings, or so far sanc-

tioned such a departure by a lower court, as to call for an exercise

of the Court of Criminal Appeals’ power of supervision.

RU L E 66.4. DO C U M E N T S TO AI D DE C I S I O N

(a) Acquiring documents. The Court of Criminal Appeals—or any

judge of the Court—may order the court of appeals clerk to

promptly send the following items to the Court in order to aid it

in deciding whether to grant discretionary review:

(1) the appellate record;

(2) a copy of the opinions of the court of appeals;

(3) a copy of the motions filed in the court of appeals; and

(4) certified copies of any judgment or order of the court of

appeals.

(b) Return of documents. If discretionary review is not granted,

the clerk of the Court of Criminal Appeals will return the

appellate record to the court of appeals clerk.

RULE 67. DISCRETIONARY REVIEW

WITHOUT PETITION

U LE 6 7.1 . FO UR JU D G E S ’ VOT E

By a vote of at least four judges, the Court of Criminal Appeals

may grant review of a court of appeals’ decision in a criminal

case at any time before the mandate of the court of appeals

issues. An order granting review will be filed with the clerk of

the Court of Criminal Appeals, who must send a copy to the

court of appeals clerk.

RU L E 67.2. OR D E R STAY IN G MA ND AT E

To provide enough time for the Court of Criminal Appeals to

decide whether to grant discretionary review under 67.1, the

Court—or any judge of the Court—may file with the clerk of the

court of appeals an order staying the court of appeals’ mandate.

The order must be signed by a judge of the Court of Criminal

Appeals. The clerk of the Court of Criminal Appeals must imme-

diately send a copy of the order to the court of appeals clerk.

RULE 67.3. TIME TO ISSUE MANDATE EXTENDED

Unless otherwise limited in the order itself, an order staying

the court of appeals’ mandate under 67.2 will extend for an

additional 45 days the time before issuance of the court of

appeals’ mandate. An order granting review prevents the

issuance of the court of appeals’ mandate pending the further

order of the Court of Criminal Appeals. If four judges do not

agree to grant review within that time the court of appeals

clerk must issue the mandate.

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RULE 68. DISCRETIONARY REVIEW

WITH PETITION

U LE 6 8.1 . GE NE R AL LY

On petition by any party, the Court of Criminal Appeals may

eview a court of appeals’ decision in a criminal case.

RU L E 68.2. TI M E TO FI LE PE T I T I O N

(a) First petition. The petition must be filed within 30 days after

either the day the court of appeals’ judgment was rendered or

the day the last timely motion for rehearing or timely motion for

en banc reconsideration was overruled by the court of appeals.

(b) Subsequent petition. Even if the time specified in (a) has

expired, a party who otherwise may file a petition may do so

within 10 days after the timely filing of another party’s petition.

extend the time to file a petition for discretionary review if a

party files a motion complying with Rule 10.5(b) no later than

15 days after the last day for filing the petition. The Court of

Criminal Appeals may extend the time to file a response or

reply if a party files a motion complying with Rule 10.5(b)

either before or after the response or reply is due.

RU L E 68.3. WH E R E T O FIL E PE T I T I O N

(a) The petition and all copies of the petition must be filed

with the clerk of the Court of Criminal Appeals.

(b) Petition filed in court of appeals. If a petition is mistakenly

filed in the court of appeals, the petition is deemed to have

been filed the same day with the clerk of the Court of Criminal

Appeals, and the court of appeals clerk must immediately send

the petition to the clerk of the Court of Criminal Appeals.

RU L E 68.4. CO N T E N TS O F PE T I T IO N

A petition for discretionary review must be as brief as possible.

It must be addressed to the “Court of Criminal Appeals of

Texas” and must state the name of the party or parties applying

for review. The petition must contain the following items:

(a) Identity of Judge, Parties, and Counsel. The petition must list

the trial court judge, all parties to the judgment or order

appealed from, and the names and addresses of all trial and

appellate counsel.

(b) Table of Contents. The petition must include a table of con-

tents with references to the pages of the petition. The table of

contents must indicate the subject matter of each ground or

question presented for review.

authorities arranged alphabetically and indicating the pages of

the petition where the authorities are cited.

(d) Statement Regarding Oral Argument.The petition must

include a short statement of why oral argument would be help-

ful, or a statement that oral argument is waived. If a reply or

cross-petition is filed, it likewise must include a statement of

why oral argument should or should not be heard.

(e) Statement of the Case. The petition must state briefly the

nature of the case. This statement should seldom exceed half a

page. The details of the case should be reserved and stated with

the pertinent grounds or questions.

(f) Statement of Procedural History. The petition must state:

(1) the date any opinion of the court of appeals was handed

down, or the date of any order of the court of appeals dis-

posing of the case without an opinion;

(2) the date any motion for rehearing was filed (or a state-

ment that none was filed); and

(3) the date the motion for rehearing was overruled or oth-

erwise disposed of.

(

g) Grounds for Review. The petition must state briefly, without

argument, the grounds on which the petition is based. The

grounds must be separately numbered. If the petitioner has

access to the record, the petitioner must (after each ground)

refer to the page of the record where the matter complained of

s found. Instead of listing grounds for review, the petition may

contain the questions presented for review, expressed in the

terms and circumstances of the case but without unnecessary

detail. The statement of questions should be short and concise,

not argumentative or repetitious.

(h) Argument. The petition must contain a direct and concise

argument, with supporting authorities, amplifying the reasons for

granting review. See Rule 66.3. The court of appeals’ opinions will

be considered with the petition, and statements in those opinions

need not be repeated if counsel accepts them as correct.

(i) Prayer for relief. The petition must state clearly the nature of

the relief sought.

(j) Appendix. The petition must contain a copy of any opinion

of the court of appeals.

RU L E 68.6. NO N C O N F O R M I N G PE T I T I O N

The Court may strike, order redrawn, or summarily refuse a

petition for discretionary review that is unnecessarily lengthy

or that does not conform to these rules.

RU L E 68.7. CO U RT O F A P PE A LS

CLE R K’S DU TI E S

Within 15 days of receiving notice of the filing of a petition for

discretionary review from the clerk of the Court of Criminal

Appeals, the clerk of the court of appeals must send to the

clerk of the Court of Criminal Appeals the record, any

motions filed in the case, and copies of any judgments, opin-

ions, and orders of the court of appeals. The clerk need not for-

ward any nondocumentary exhibits unless ordered to do so by

the Court of Criminal Appeals.

RU L E 68.8. CO U RT O F C R I M I N A L A P PE A LS

CLE R K’S DU TI E S

Upon receipt of the record from the court of appeals, the clerk

of the Court of Criminal Appeals will file the record and enter

the filing on the docket.

RU L E 68.9. RE P LY

The opposing party has 15 days after the timely filing of the

petition in the Court of Criminal Appeals to file a reply to the

petition with the clerk of the Court of Criminal Appeals.

RU L E 68.10. AM E N D M E N T

Upon motion the petition or a reply may be amended or sup-

plemented at any time justice requires.

RU L E 68.11. SE RV I CE O N STAT E

PROS E C U T I N G AT TO R N E Y

In addition to the service required by Rule 9.5, service of the peti-

tion, the reply, and any amendment or supplementation of a peti-

tion or reply must be made on the State Prosecuting Attorney.

 PENDING AMENDMENTS

Note that as of July 30, 2019, amendments that would repeal

Rule 68.11 and replace it with a new Rule 80.1 (“Service on State

R U L E 6 8 . 1 . G E N E R A L L Y

48 RU L E S O F A P P E L L AT E P R O C E D U R E

Prosecuting Attorney”) were pending. Public comment was

cheduled to end on Oct. 1, 2019. See Misc. Docket No. 19-006

(June 10, 2019). See the Court of Criminal Appeals’ website at

ttp://www.txcourts.gov/cca for updates.

RULE 69. ACTION OF C OURT ON

ETITION FOR DISCRETIONARY REVIEW

AND AFTER GRANTING REVI EW

U LE 6 9.1 . GR AN T IN G O R RE FU S AL

If four judges do not vote to grant a petition for discretionary

review, the Court will enter a docket notation that the petition

is refused. If four judges vote to grant a petition, the Court will

enter a docket notation that discretionary review is granted.

RU L E 69.2. SE T T I N G CA S E F O R SU B M I S S I O N

If discretionary review is granted, either on the petition of a

party or by the Court on its own initiative, the case will be set

for submission.

RU L E 69.3. IM P ROV I D E N T G R A N T O F RE V I E W

If, after granting discretionary review, five judges are of the

opinion that discretionary review should not have been grant-

ed, the case will be dismissed.

RU L E 69.4. CL E R K ’S DU T I E S

(a) On refusal or dismissal. When the Court refuses or dismisses a

petition, the clerk will send to the parties and the State

Prosecuting Attorney a notice informing them that the petition

was refused or dismissed. The clerk will retain the petition and all

other items filed in the case for at least 15 days from the date of

the refusal or dismissal. At the end of that time, if no motion for

rehearing has been timely filed, or upon the overruling or dis-

missal of such a motion, the clerk will send to the court of appeals

clerk a certified copy of the order refusing or dismissing the peti-

tion (as well as any order overruling a motion for rehearing). The

clerk of the Court of Criminal Appeals will return the appellate

record to the court of appeals clerk but will retain the petition,

and other documents filed in the Court of Criminal Appeals.

(b) On granting review. If the Court grants discretionary

review, the clerk will send to the parties and the State

Prosecuting Attorney a notice informing them that discre-

tionary review was granted.

RULE 70. BRIEF O N THE ME RITS

U LE 7 0.1 . IN IT I AL BR I E F

If review is granted, the petitioner—or, if there was no peti-

tion, the party who lost in the court of appeals—must file a

brief within 30 days after review is granted.

RU L E 70.2. RE S P O N D E N T ’S BR I E F

The opposing party must file a brief within 30 days after the

petitioner’s brief is filed.

RU L E 70.3. BR I E F CON T EN T S A N D F O R M

Briefs must comply with the requirements of Rules 9 and 38,

except that they need not contain the appendix (Rule 38.1(k)).

Copies must be served as required by Rule 68.11.

RU L E 70.4. OTH E R BR I E F S

The Court of Criminal Appeals may direct that a party file a

brief, or an additional brief, in a particular case. Additionally,

upon motion by a party the Court may permit the filing of

additional briefs.

RULE 71. DIRECT APPEA LS

U LE 7 1.1 . DI RE C T APP E A L

Cases in which the death penalty has been assessed under Code

of Criminal Procedure article 37.071, and cases in which bail

as been denied in non-capital cases under Article I, Section

11a of the Constitution, are appealed directly to the Court of

Criminal Appeals.

RU L E 71.2. RE C O R D

The appellate record should be prepared and filed in accor-

dance with Rules 31, 32, 34, 35 and 37, except that the record

must be filed in the Court of Criminal Appeals. After disposi-

tion of the appeal, the Court may discard copies of juror infor-

mation cards or other portions of the clerk’s record that are not

relevant to an issue on appeal.

RU L E 71.3. BR I E F S

Briefs in a direct appeal should be prepared and filed in accor-

dance with Rules 9 and 38, except that the brief need not con-

tain an appendix (Rule 38.1(k)). All briefs must be filed in the

Court of Criminal Appeals. The brief must include a short state-

ment of why oral argument would be helpful, or a statement

that oral argument is waived.

RU L E 71.4. AD D I T I O N A L BR I E F S

Upon motion by a party the Court may permit the filing of

additional briefs other than those provided for in Rule 38.

RULE 72. EXTRAORDINARY MAT TER S

U LE 7 2.1 . LE AV E TO FI L E

A motion for leave to file must accompany an original petition

for writ of habeas corpus, mandamus, procedendo, prohibi-

tion, certiorari, or other extraordinary writ, or any other

motion not otherwise provided for in these rules.

RU L E 72.2. DI S P O S I T I O N

If five judges tentatively believe that the case should be filed

and set for submission, the motion for leave will be granted

and the case will then be handled and disposed of in accor-

dance with Rule 52.8. If the motion for leave is denied, no

motions for rehearing or reconsideration will be entertained.

But the Court may, on its own initiative, reconsider a denial of

a motion for leave.

RULE 73. POSTCONVICTION

APPLICATIONS FOR WRITS OF HABEAS

CORPUS

U LE 7 3.1 . FO RM F O R AP P L I C ATI O N FIL E D

U ND E R ART I C L E 11.07 O F T H E C O D E O F

CRI M IN A L PROC E D U R E

(a) Prescribed Form. An application filed under Article 11.07

must be on the form prescribed by the Court of Criminal

Appeals.

(b) Availability of Form. The district clerk of the county of convic-

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tion shall make the forms available to applicants on request, with-

out charge.

(

c) Contents. The applicant or petitioner must provide all infor-

mation required by the form. The form must include all

grounds for relief and set forth in summary fashion the facts

supporting each ground. Any ground not raised on the form

will not be considered. Legal citations and arguments may be

ade in a separate memorandum. The form must be comput-

er-generated, typewritten or legibly handwritten.

(d) Length. Each ground for relief and supporting facts raised

on the form shall not exceed the two pages provided for each

ground in the form. The applicant or petitioner may file a sep-

arate memorandum. This memorandum shall comply with

these rules and shall not exceed 15,000 words if computer-

generated or 50 pages if not. If the total number of pages,

including those in the original and any additional memoranda,

exceed the word or page limits, an application may be dis-

missed unless the convicting court for good cause shown

grants leave to exceed the prescribed limits. The prescribed

limits do not include appendices, exhibits, cover page, table of

contents, table of authorities, and certificate of compliance.

(e) Typeface. A computer-generated memorandum must be

printed in a conventional typeface no smaller than 14-point

except for footnotes, which must be no smaller than 12-point.

A typewritten document must be printed in standard 10-char-

acter-per-inch (cpi) monospaced typeface.

(f) Certificate of Compliance. A computer-generated memo-

randum, including any additional memoranda, must include a

certificate by the applicant or petitioner stating the number of

words in the document. The person certifying may rely on the

word count of the computer program used to prepare the doc-

ument.

(g) Verification. The application must be verified by either:

(1) oath made before a notary public or other officer autho-

rized to administer oaths, or

(2) [if the person making the application is an inmate in

the Institutional Division of the Department of Criminal

Justice or in a county jail,] an unsworn declaration in sub-

stantially the form required by [in] Civil Practice and

Remedies Code chapter 132 as set out in the verification

section of the application form.

Amended effective Dec. 1, 2018.

RU L E 73.2. NO N C O M P L I A N T AP P L I C ATI O N S

The Court of Criminal Appeals may dismiss an application

that does not comply with these rules.

RU L E 73.3. STATE ’S RES P ON S E

Any response by the State must comply with length, typeface,

and certificate of compliance requirements set out in rule

73.1(d), (e) and (f).

RU L E 73.4. FI L I N G A N D TR AN S MI S SI O N O F

HAB E AS R E C OR D

(a) The district clerk of the county of conviction shall accept

and file all Code of Criminal Procedure article 11.07 applica-

tions.

(b) In addition to the duties set out in Article 11.07, the clerk

shall do the following:

(1) If the convicting court enters an order designating

issues, the clerk shall immediately transmit to the Court of

Criminal Appeals a copy of that order and proof of the date

he district attorney received the habeas application.

(2) When any pleadings, objections, motions, affidavits,

exhibits, proposed or entered findings of fact and conclusions

of law, or other orders are filed or made a part of the record,

the district clerk shall immediately send a copy to all parties

n the case. A party has ten days from the date he receives the

trial court’s findings of facts and conclusions of law to file

objections, but the trial court may, nevertheless, order the

district clerk to transmit the record to the Court of Criminal

Appeals before the expiration of the ten days. Upon transmis

sion of the record, the district clerk shall immediately notify

all parties in the case.

(3) When a district clerk transmits the record in a postcon-

viction application for a writ of habeas corpus under Code

of Criminal Procedure articles 11.07 or 11.071, the district

clerk must prepare and transmit a summary sheet that

includes the following information:

(A) the convicting court’s name and county, and the

name of the judge who tried the case;

(B) the applicant’s name, the offense, the plea, the cause

number, the sentence, and the date of sentence, as

shown in the judgment of conviction;

and the citation to any published report;

(D) whether a hearing was held on the application,

whether findings of fact were made, any recommenda-

tion of the convicting court, and the name of the judge

who presided over the application;

(E) the name of counsel if applicant is represented; and

(F) the following certification:

I certify that all applicable requirements of Texas

Rule of Appellate Procedure 73.4 have been com-

plied with in this habeas proceeding, including the

requirement to serve on all the parties in the case any

objections, motions, affidavits, exhibits, proposed

findings of fact and conclusions of law, findings of

fact and conclusions of law, and any other orders

entered or pleadings filed in the habeas case.

________________________________

Signature of District Clerk or Clerk’s Representative

________________________________

Date Signed

The Court of Criminal Appeals may by order adopt a form of

summary sheet that the district clerks must use.

(4) The district clerk shall also include in the record trans-

mitted to the Court of Criminal Appeals, among any other

pertinent papers or supplements, the indictment or infor-

mation, any plea papers, the court’s docket sheet, the court’s

charge and the jury's verdict, any proposed findings of fact

and conclusions of law, the court’s findings of fact and con-

clusions of law, any objections to the court’s findings of fact

and conclusions of law filed by either party, and the tran-

script of any hearings held.

(5) On the 181st day from the date of receipt of the appli-

cation by the State of a postconviction application for writ

of habeas corpus under Article 11.07, the district clerk shall

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50 RU L E S O F A P P E L L AT E P R O C E D U R E

forward the writ record to this Court unless the district

court has received an extension of time from the Court of

Criminal Appeals pursuant to Rule 73.5.

Amended effective Dec. 1, 2018.



COMMENT TO 2018 CHANGE

Rules 73.1 and 73.4 are amended in conjunction with amend-

ments to the form for applications filed under Article 11.07 of

the Code of Criminal Procedure (Appendix E to these rules) and

the Clerk’s Summary Sheet (Appendix F to these rules). The

amendments clarify terminology and procedures for filing

Article 11.07 writ applications and update the Article 11.07 writ

application form to incorporate current technologies and filing

procedures. The application form will be made available on the

internet through the Court of Criminal Appeals’ website. In

addition, the amendments bring the application and filing pro-

cedures into conformity with Civil Practice and Remedies Code

chapter 132, which permits both inmates and non-inmates to

file unsworn declarations in lieu of notarized oaths. Further, the

rules amendments and changes to the clerk’s summary sheet

clarify the information that district clerks must provide to the

Court of Criminal Appeals and add a new requirement that

clerks certify that they have complied with all the requirements

of Rule 73.4, including the requirement to serve on all parties in

the case all objections, motions, affidavits, exhibits, proposed

findings of fact and conclusions of law, findings of fact and con-

clusions of law, and any other orders entered or pleadings filed

in the habeas case. The phrase “all parties in the case” as used in

Rule 73.4 includes: the attorney representing the State; the

applicant (including pro se and inmate applicants); and, if the

applicant is represented by counsel, applicant’s attorney.

RU L E 73.5 TI M E FR A M E F O R RE S O LU T I O N O F

CL A I M S RA I S E D I N AP P L I C AT I O N

Within 180 days from the date of receipt of the application by

the State, the convicting court shall resolve any issues that the

court has timely designated for resolution. Any motion for

extension of time must be filed in the Court of Criminal

Appeals before the expiration of the 180-day period.

RU L E 73.6. AC T I O N O N AP P L I C AT I ON

The Court may deny relief based upon its own review of the

application or may issue such other instructions or orders as

may be appropriate.

RULE 73.7. NEW EVIDENCE AF T ER APPLICATION

FORWARDED TO COURT OF CRIMINAL APPEALS

If an Article 11.07 or 11.071 application has been forwarded to

this Court, and a party wishes this Court to consider evidence

not filed in the trial court, then the party must comply with the

following procedures or the evidence will not be considered.

(a) If the Court of Criminal Appeals has received an Article

11.07 or 11.071 application from the district clerk of the

county of conviction and has filed and set the application for

submission, a party has two options:

(1) The party may file the evidence directly in the Court of

Criminal Appeals with a motion for the Court of Criminal

Appeals to consider the evidence. In this motion, the party

should describe the evidence, explain its evidentiary value,

and state why compelling and extraordinary circumstances

exist for the Court of Criminal Appeals to consider the evi-

dence directly. The moving party must immediately serve

copies of the motion and the evidence the party seeks to file

on the other party or parties in the case. If the Court of

Criminal Appeals grants this motion, the Court will consid-

r the evidence in its review of the application. The Court of

Criminal Appeals will grant such a motion only if the Court

concludes the circumstances are truly exceptional.

(2) The party may file in the Court of Criminal Appeals a

motion to supplement the record in the trial court. In this

otion, the party should describe the evidence the party

intends to file, explain its evidentiary value, and state why

the evidence could not have been filed in the trial court

before the Court of Criminal Appeals filed and set the

application for submission. The moving party must imme-

diately serve copies of the motion and the evidence the

party seeks to file on the other party or parties in the case.

If the Court of Criminal Appeals grants the motion, the

party may file the evidence with the district clerk of the

county of conviction, and should attach a copy of the

motion to supplement and the Court of Criminal Appeals’

order granting said motion. The district clerk shall imme-

diately send a copy of the filed materials to the trial judge

assigned to the habeas case and to the other party or parties

in the case, and otherwise comply with the procedures set

out in Rule 73.4(b) of these rules.

(b) If the Court of Criminal Appeals has received an Article

11.07 or 11.071 application from the district clerk of the

county of conviction, but the Court has not yet filed and set

the application for submission, the party must file in the Court

of Criminal Appeals a motion to stay the proceedings pending

the filing of the evidence in the trial court. In this motion, the

party should describe the evidence the party intends to file and

explain its evidentiary value. The moving party must immedi-

ately serve copies of the motion and the evidence the party

seeks to file on the other party or parties in the case. If the

Court of Criminal Appeals grants the motion, the Court will

specify a designated time frame for the party to file the evi-

dence with the district clerk of the county of conviction. The

party should attach a copy of the motion to stay proceedings

and the Court of Criminal Appeals’ order granting said motion

to the evidentiary filing. The district clerk of the county of

conviction shall immediately send a copy of the filed materials

to the trial judge assigned to the habeas case and to the other

party or parties in the case, and otherwise comply with the

procedures set out in Rule 73.4(b) of these rules.

 PENDING AMENDMENTS

Note that as of July 30, 2019, amendments to Rule 73.7 and

enactment of new Rules 73.8 and 73.9 were pending. See Misc.

Docket Nos. 19-003 (May 6, 2019) and 19-005 (June 3, 2019).

See the Court of Criminal Appeals’ website at http://www.

txcourts.gov/cca for updates.

RULE 74. REVIEW O F CERTIFIED STATE

CRIMINAL-LAW QUESTIONS

RU L E 74.1. CE RT I F I C AT I O N

The Court of Criminal Appeals may answer questions of Texas

criminal law certified to it by any federal appellate court if the

certifying court is presented with determinative questions of

Texas criminal law having no controlling Court of Criminal

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R T I F I C AT I O N

RU L E S O F A P P E L L AT E P R O C E D U R E 51

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52 RU L E S O F A P P E L L AT E P R O C E D U R E

ppeals precedent. The Court may decline to answer the ques-

tions certified to it.

RU L E 74.2. CO N T E N TS O F T H E

CERT I F I C AT I O N OR D E R

An order from the certifying court must set forth:

(a) the questions of law to be answered; and

(b) a stipulated statement of all facts relevant to the questions

ertified, showing fully the nature of the controversy in which

the questions arose.

RU L E 74.3. TR A N S M I S S I O N O F

CERT I F I C AT I O N OR D E R

The clerk of the certifying court must send to the clerk of the

Court of Criminal Appeals the following:

(a) the certification order under the certifying court’s official

seal;

(b) a list of the names of each party to the pending case, giving

the address and telephone number, if known, of any party not

represented by counsel; and

RU L E 74.4. TR A N S M I S S I O N O F RE C O R D

The certifying court should not send to the Court of Criminal

Appeals the record in the pending case with the certification

order. The Court of Criminal Appeals may later require the

original or copies of all or part of the record before the certify-

ing court to be filed with the Court of Criminal Appeals clerk.

RU L E 74.5. NOT I C E

If the Court of Criminal Appeals agrees to answer the ques-

tions certified to it, the Court will notify all parties and the

certifying court. The Court of Criminal Appeals clerk must

also send a notice to the Attorney General of Texas if:

(a) the constitutionality of a Texas statute is the subject of a

certified question that the Court of Criminal Appeals has

agreed to answer; and

(b) the State of Texas or an officer, agency, or employee of the

State is not a party to the proceeding in the certifying court.

RU L E 74.6. BR I E F S A N D OR A L ARG U M E N T

(a) Briefs. The appealing party in the certifying court must file

a brief with the clerk of the Court of Criminal Appeals within

30 days after the date of the notice. Opposing parties must file

an answering brief within 15 days of receiving the opening

brief. Briefs must comply with Rule 38 to the extent that its

provisions apply.

(b) Oral Argument. Oral argument may be granted either on a

party’s request or on the Court’s own initiative. Argument is

governed by Rule 39.

RU L E 74.7. IN T E RV E N T I O N B Y T H E STAT E

If the constitutionality of a Texas statute is the subject of a cer-

tified question that the Court of Criminal Appeals has agreed

to answer, the State of Texas may intervene at any reasonable

time for briefing and oral argument (if argument is allowed)

on the question of constitutionality.

RU L E 74.8. OP I N I O N O N CE RT IF I ED QU E S T I O N

If the Court of Criminal Appeals has agreed to answer a certified

question, it will hand down an opinion as in any other case.

RU L E 74.9. MOT I O N F O R RE H E A R I N G

Any party may file a motion for rehearing within 15 days after

the opinion is handed down. The motion must clearly state the

points relied on for the rehearing. No reply to a motion for

rehearing need be filed unless the Court so requests. The

ourt will not grant a motion for rehearing unless a response

has been filed or requested.

RU L E 74.10. AN S W E R I N G CE RT I F I E D

QU E S T I O N S

After all motions for rehearing have been overruled, the clerk of

the Court of Criminal Appeals must send to the certifying

court the written opinion on the certified questions. The opin-

ion must be under the Court of Criminal Appeals’ seal.

RULE 75. NOTIFICATION;

ORAL ARG UME NT

U LE 7 5.1 . NOT I F I C AT I O N O F

ARGU M E N T O R SU B M I S S I O N

Oral argument will be permitted only in cases designated by

the Court of Criminal Appeals. If the Court permits argument

in a case, the clerk will notify the parties of the date set for

argument. If a case will be submitted without argument, the

clerk will notify the parties of the date of submission. The clerk

must use all reasonable diligence to notify counsel of settings,

but counsel’s failure to receive notice will not necessarily pre-

vent argument or submission of the case on the day it is set.

RU L E 75.2. RE QU E S T F O R ARGU M EN T

If a case is not designated for oral argument but counsel desires

oral argument, counsel may—within 30 days of the date of the

clerk’s notice—petition the Court to allow oral argument. This

petition must contain specific reasons why oral argument is

desired.

RU L E 75.3. OR A L ARG U M E N T

Unless extended in a special case, the total maximum time for oral

argument is 20 minutes per side. Counsel for the appellant or

petitioner is entitled to open and conclude the argument. Counsel

should not read at length from the briefs, records, or authori-

ties. Counsel may orally correct a brief, but multiple additional

citations should not be given orally; instead, these citations

should be filed in writing with the clerk.

RULE 76. SUBMISSIONS E N BANC

The Court will sit en banc to consider the following types of

cases:

(a) direct appeals;

(b) cases of discretionary review;

(d) cases that were docketed under Code of Criminal

Procedure articles 11.07 or 11.071;

(e) certified questions; and

(f) rehearings under Rule 79.

RULE 77. OPINIONS

U LE 7 7.1 . GE NE R AL LY

In each case that is argued or submitted without argument to

the Court of Criminal Appeals, the Court will hand down a

written opinion setting forth the reasons for its decision and

any germane precedent. Any judge may file an opinion dissent-

ing from or concurring in the Court’s judgment.

RU L E 77.2. SI G N I N G ; PU B L I C ATI O N

A majority of the judges will determine whether an opinion

will be signed by a judge or issued per curiam, and whether the

opinion (or a portion of the opinion) will be published.

RU L E 77.3. UN P U B L I S H E D OPI N I O N S

Unpublished opinions have no precedential value and must

not be cited as authority by counsel or by a court.

RU L E 77.4. CO P I E S

On the date when an opinion is handed down or an order ren-

dered, the clerk of the Court of Criminal Appeals must mail

copies of the opinion or order to:

(a) the parties;

(b) the State Prosecuting Attorney;

(d) if the case is of discretionary review, the court of appeals

clerk.

RULE 78. JUDGMENT I N THE CO URT OF

CRIMINAL APPEALS

U LE 7 8.1 . T Y P E S O F JU D G M E N T

The Court of Criminal Appeals may:

(a) affirm the lower court’s judgment in whole or in part;

(b) modify the lower court’s judgment and affirm it as modified;

the judgment that the lower court should have rendered;

(d) reverse the lower court’s judgment and remand the case for

further proceedings;

(e) vacate the judgments of the lower courts and dismiss the case;

(f) vacate the lower court’s judgment and remand the case for

further proceedings in light of changes in the law; or

(g) dismiss the appeal.

RU L E 78.2. RE M A N D I N T H E IN T E R E S TS

O F JU S T I C E

When reversing the court of appeals’ judgment, the Court of

Criminal Appeals may, in the interests of justice, remand the

case to the trial court even if a rendition of judgment is other-

wise appropriate.

RU L E 78.3. OTH E R OR D E R S

The Court of Criminal Appeals may make any other appropri-

ate order required by the law and the nature of the case.

RULE 79. REHEARINGS

U LE 7 9.1 . MOT I O N F O R REH E AR I NG

A motion for rehearing may be filed with the Court of

Criminal Appeals clerk within 15 days from the date of the

judgment or order. In exceptional cases, if justice requires, the

Court may shorten the time within which the motion may be

filed or even deny the right to file it altogether.

RU L E 79.2. CO N T E N TS

(a) The motion must briefly and distinctly state the grounds

and arguments relied on for rehearing.

(b) A motion for rehearing an order that grants discretionary

review may not be filed.

iscretionary review may be grounded only on substantial

intervening circumstances or on other significant circum-

stances which are specified in the motion. Counsel must certi-

fy that the motion is so grounded and that the motion is made

in good faith and not for delay.

(

d) A motion for rehearing an order that denies habeas corpus

relief or dismisses a habeas corpus application under Code of

Criminal Procedure, articles 11.07 or 11.071, may not be

filed. The Court may on its own initiative reconsider the case.

RU L E 79.3. AM E N D M E N T S

A motion for rehearing may be amended anytime before the

period allowed for filing the motion expires, and with leave of

the court, anytime before the Court decides the motion.

RU L E 79.4. DE C I S I O N

If the Court grants rehearing, the case will be set for submis-

sion. Oral argument may, but normally will not, be permitted.

RU L E 79.5. FU RT H E R MOTI O N F OR RE H E A R I N G

The Court will not consider a second motion for rehearing

after rehearing is denied. If rehearing is granted and the Court

delivers an opinion on rehearing, a party may file a further

motion for rehearing.

RU L E 79.6. EX T EN S IO N O F TI M E

The Court may extend the time for filing a motion or a further

motion for rehearing if a party files a motion complying with

Rule 10.5(b) within the time for filing a motion or further

motion for rehearing.

RU L E 79.7. SE RVI C E

The requirements of Rule 68.11 apply.

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R V I C E

RU L E S O F A P P E L L AT E P R O C E D U R E 53

cquittal a bar RAP 51.2(d)

micus curiae RAP 11

ppeal

Abatement RAP 7.2(b)

ccelerated RAP 28.1, 28.4, 49.4

cquittal RAP 51.2(d)

Agreements of parties or counsel RAP 6.6

Amicus curiae briefs RAP 11

ppendix RAP 9.4(h), 38.5, 52.3(j)

rrest of judgment RAP 22

Attorneys RAP 6.1

Appearances RAP 6.2

igning pleadings RAP 9.1

ithdrawal RAP 6.5

Bail RAP 31

ills of exception RAP 33.2

riefs RAP 38, 70

Failing to file RAP 38.8(b)

Length RAP 9.4(i)

eply RAP 38.3

ime RAP 38.6

Broadcasting proceedings RAP 14.1

Capias RAP 51.2(b)

ertified questions RAP 74

lerk’s duties RAP 6.3, 12, 37, 39.9, 68.8, 69.4, 77.4

Clerk’s record RAP 34.5

Computing time RAP 4.1

oncurring opinions RAP 47.5

Constitutional error RAP 44.2(a)

Copies RAP 9.3

Court reporters RAP 13

CPS cases RAP 28.4

Death penalty, appointment of counsel RAP 71.1

Direct RAP 71.1

Discretionary review RAP 66, 68

Dismissal RAP 42

Disqualification of judges RAP 16.1

Dissenting opinions RAP 47.5

DNA, post-conviction RAP 4.6

Docketing RAP 12.1

Docketing statement RAP 32.2

Electronic filing RAP 9

Electronic records RAP 34.6, 38.5

En banc reconsideration RAP 49.7, 49.11

Extensions of time RAP 4.5, 10.5(b), 26.3, 79.6

Extradition RAP 31

Filing RAP 9.2, 35.2

Form of documents RAP 9.4

Habeas corpus (See “Habeas corpus”)

Indigent persons, right to counsel RAP 20.2

Issuing writs or process RAP 15.1

Judgment RAP 43, 78

Length of documents RAP 9.4(i)

Local rules RAP 1.2

Lost record RAP 34.5

Mandate (See “Mandate”)

Margins RAP 9.4(c)

Motions RAP 10

New trial RAP 21.2

Reconsideration RAP 49.11

New trials RAP 21.1, 51.2(c)

Notice RAP 26.2

Premature RAP 27.1

Nunc pro tunc proceedings RAP 23

Opinions RAP 47, 77

Oral argument RAP 38.1(e), 39, 75

Paper size RAP 9.4(b)

Parental termination cases RAP 28.4

Perfecting appeal RAP 25.2

Petitions for discretionary review RAP 49.11, 50, 52, 66, 68

Amending RAP 68.10

Reply RAP 68.9

Photographing proceedings RAP 14.2

Plenary powers RAP 19.1

Premature RAP 27.1

Privacy for documents in criminal cases RAP 9.10

Procedural error RAP 44.3

Process RAP 15.1

Record RAP 34

Recording proceedings RAP 14.1

ecusal of judges RAP 16.3

edacting information RAP 9.10

Rehearing RAP 49.1, 52.8, 79

eversals RAP 44.2, 51.2(c)

erving RAP 4.4, 9.50

igning pleadings RAP 9.1

Statement of facts RAP 52.3(g)

tatement of the case RAP 34.3, 52.3(d)

tate Prosecuting Attorney RAP 68.11

Substituting parties RAP 7.1

Supplementing the record RAP 34.5

uspending rules RAP 2

rial court error RAP 44.4

Typeface RAP 9.4

Unpublished opinions RAP 47.7, 77.3

rits, issuance RAP 15.1

ppellant, defined RAP 3.1(a)

Appellate court RAP 3.1(b)

ppellee, defined RAP 3.1(c)

ttorneys

Appointed RAP 20.2

Pleadings RAP 9.1

Bail RAP 31

ill of exception RAP 33.2

Briefs, appellate RAP 38

Length RAP 9.4(i)

Certified questions RAP 74

Children and minors

Protecting identity in CPS & juvenile cases RAP 9.8

Costs (See also “Fees and charges” and “Court costs”)

Court of Appeals

En banc RAP 41.2

Expiration of powers RAP 19.3

Inability to act RAP 17.1

Nearest available RAP 17.2

Panels RAP 41

Plenary powers RAP 19.1

Court of Criminal Appeals

Discretionary review RAP 66, 68

En banc RAP 76

Judgments RAP 78

Opinions RAP 77

Orders RAP 78.3

Staying mandates RAP 67.2

Rehearing RAP 79.1

Remand RAP 78.2

Court reporters RAP 3.1(f)

Duties RAP 13.1

Exhibits RAP 34.6

Filing notes RAP 13.6

Inaccurate record RAP 34.6

Lost notes or record RAP 34.5, 34.6

Preparing record RAP 34.6

Priorities RAP 13.3

Report RAP 13.4

Supplementing the record RAP 34.6

Death penalty RAP 71.1

Dismissal and nonsuit

Involuntary, appeals RAP 42.4

Voluntary, appeals RAP 42.2

DNA testing RAP 4.6

Docket

Appeals RAP 12

Docketing statement, appeal RAP 32.2

Exhibits RAP 34.6

Ex parte communications RAP 9.6

Extensions of time, appeals RAP 4.5, 10.5, 26.3

Extradition, Uniform Criminal Extradition Act RAP 31

54 RU L E S O F A P P E L L AT E P R O C E D U R E

Index

abeas corpus RAP 31, 72, 73

Application requirements RAP 73

NA RAP 4.6

earing RAP 31.2

ew evidence RAP 73.7

Record RAP 73.4

tay of mandate RAP 31.4

ndigence RAP 20.2

Judges

Disqualification RAP 16.1

ecusal RAP 16.2

uveniles (See also “Children”)

Protecting identity RAP 9.8

Local rules, appeals RAP 1.2

andate

ccelerated appeals RAP 18.6

Enforcement of judgment after RAP 51.2

Filing of RAP 18.4

ssuance of RAP 18.1

Recall of RAP 18.7

Stay of RAP 18.2, 67.2

Motions

Appeals, generally RAP 10

Arrest of judgment RAP 22

Extending time RAP 10.5(b)

Informalities in the record RAP 10.5(a)

New trial RAP 21

Postponing argument RAP 10.5(c)

Rehearing RAP 49.1

New trial RAP 21, 51.2(c)

Notice

Appeal RAP 26.2

Premature RAP 27.1

Nunc pro tunc proceedings RAP 23

Opinions, appeals

Concurring RAP 47.5

Dissenting RAP 47.5

Mailing RAP 48

Publishing RAP 47.4

Signing RAP 47.2

Unpublished RAP 47.7

Oral argument, appeals RAP 39

Petitioner, defined RAP 3.1(d)

Petitions for discretionary review RAP 50

Procedural error RAP 44.3

Process, publication RAP 4.4

Publication RAP 4.4

Redacting information RAP 9.10

Rehearing RAP 49.1

Relator, defined RAP 3.1(e)

Respondent, defined RAP 3.1(g)

Service of papers and process

Appeals RAP 9.5

By publication RAP 4.4

State Prosecuting Attorney RAP 68.11

I N

D E X

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56 RU L E S O F A P P E L L AT E P R O C E D U R E