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SECTION I: GENERAL PROVISIONS
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Rule 1. Scope of Rule; Local Rules of Courts of Appeals
1.1. Scope
These rules govern procedure in appellate courts and before appellate judges and post-trial procedure in trial courts in criminal cases.
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1.2. Local Rules and Forms
(a) Promulgation. A court of appeals may promulgate rules and forms governing its practice that are not inconsistent with state or federal law or rules adopted by the Supreme Court or the Court of Criminal Appeals. To be effective, local rules and forms must be published on the Office of Court Administration’s website.
b) Party’s Noncompliance. A court must not dismiss an appeal due to a party’s failure to comply with a local rule or form without giving the noncomplying party notice and a reasonable opportunity to cure the noncompliance.
Notes and Comments
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Comment to 1997 change: Subdivision 1.1 is simplified without substantive change. Subdivision 1.2 is amended to make clear that any person is entitled to a copy of local rules. Paragraph 1.2(c), restricting dismissal of a case for noncompliance with a local rule, is added.
Comment to 2023 change: Rule 1.2 is amended to remove the requirement that the Supreme Court of Texas and Court of Criminal Appeals approve local rules and to expressly address local forms. The amended rule provides that local rules and forms must not conflict with other laws or rules and that they are not effective unless published on the Office of Court Administration’s website.
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Rule 2. Suspension of Rule
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 procedure; 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.
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Notes and Comments
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Comment to 1997 change: Former subdivision (a) regarding appellate court jurisdiction is deleted. The power to suspend rules is extended to civil cases. Other nonsubstantive changes are made.
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Rule 3. Definitions; Uniform Terminology
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3.1. Definitions
(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.
(c) Appellee means a party adverse to an appellant.
(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 proceeding 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.
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(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 proceeding in an appellate court.
3.2. Uniform Terminology in Criminal Cases
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In documents filed in criminal appeals, the parties are the State and 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.
Notes and Comments
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Comment to 1997 change: The definition of court below and the reference to “suing out a writ of error to the court of appeals,” are deleted as those terms are no longer used in these rules. Other changes are made.
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Rule 4. Time and Notice Provisions
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4.1. Computing Time
(a) In General. The day of an act, event, or default after which a designated period begins to run is not included when computing 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.
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4.2. No Notice of Trial Court’s Judgment in Civil Case
(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 judgment 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.
(c) The Court’s Order. After hearing the motion, the trial court must sign a written order that finds the date when the party or the party’s attorney first either received notice or acquired actual knowledge that the judgment or order was signed.
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4.3. Periods Affected by Modified Judgment in Civil Case
(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.
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4.4. Periods Affected When Process Served by Publication
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.
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4.5. No Notice of Judgment or Order of Appellate Court; Effect on Time to File Certain Documents.
(a) Additional Time to File Documents.
A party may move for additional time to file a motion for rehearing or en banc reconsideration 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 actual 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.
(c) Where to File.
(1) A motion for additional time to file a motion for rehearing 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 discretionary review must be filed in and ruled on by the Court of Criminal Appeals.
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4.6. No Notice of Trial Court’s Appealable Order on a Motion for Forensic 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 Procedure 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 attorney received notice or acquired actual knowledge of the signing. But in no event shall such periods begin more than 120 days after the day the trial judge signed the appealable order.
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(b) Motion to Gain Additional Time.
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(1) A defendant’s motion for additional time must:
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(A) Be in writing and sworn;
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(B) State the defendant’s desire to appeal from the appealable order;
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(C) State 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
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(D) Be filed within 120 days of the signing of the appealable order.
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(2) To establish the application of paragraph (a) of this rule, the defendant adversely affected must prove in the trial court:
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(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
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(B) That this date was more than twenty days after the signing of the appealable order.
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(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.
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(c) The Court’s Order.
After hearing the motion for additional 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.
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(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.
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Rule 5. Fees in Civil Cases
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A party who is not excused by statute or these rules from paying costs must pay — at the time an item is presented for filing — whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.
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Notes and Comments
Comment to 1997 change: This is former Rule 13. The rule is simplified. The fees an appellate court may charge in a civil case are now specified by Supreme Court order.
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Rule 6. Representation by Counsel
6.1. Lead Counsel
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(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 document filed in the appellate court on that party’s behalf.
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(c) How to Designate.
The original or a new lead counsel may 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.
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6.2. Appearance of Other Attorneys
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.
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6.3. To Whom Communications Sent
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;
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(b) a party’s lead counsel in the trial court if:
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(1) that party was represented by counsel in the trial court;
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(2) lead counsel on appeal has not yet been designated for that party; and
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(3) lead counsel in the trial court has not filed a nonrepresentation notice or been allowed to withdraw;
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(c) a party if the party is not represented by counsel.
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Rule 6.4. Nonrepresentation Notice
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(a) In General.
If, in accordance with paragraph 6.3(b), the lead counsel in the trial court is being sent notices, copies of documents, or other communications, that attorney may file a nonrepresentation notice in the appellate court. The notice must:
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(1) state that the attorney is not representing the party on appeal;
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(2) state that the court and other counsel should communicate directly with the party in the future;
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(3) give the party’s name and last known address and telephone number; and
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(4) be signed by the party.
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(b) Appointed Counsel.
In a criminal case, an attorney appointed by the trial court to represent an indigent party cannot file a nonrepresentation notice.
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(c) Withdrawal of Non-Lead Counsel.
If an attorney other than lead counsel will no longer represent a party, but lead counsel will continue to represent the party, the non-lead counsel should file a nonrepresentation notice. The notice should state that non-lead counsel will no longer represent the client and identify counsel who will continue to represent the party.
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Rule 6.5. Withdrawal of Lead Counsel
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An appellate court may, on appropriate terms and conditions, permit lead counsel to withdraw from representing a party in the appellate court.
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(a) Contents of Motion.
A motion for leave to withdraw must contain the following:
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(1) a list of current deadlines and settings in the case;
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(2) the party’s name and last known address and telephone number;
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(3) a statement that a copy of the motion was delivered to the party; and
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(4) a statement that the party was notified in writing of the right to object to the motion.
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(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.
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(c) If Motion Granted.
If the court grants the motion, the withdrawing lead counsel must immediately notify the party, in writing, of any deadlines or settings that the attorney knows about at the time of withdrawal but that were not previously disclosed to the party. The withdrawing lead counsel must file a copy of that notice with the court clerk.
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(d) Exception for Substitution of Lead Counsel.
If an attorney substitutes for a withdrawing lead counsel, the motion to withdraw need not comply with (a) but must state only the substitute attorney’s name, mailing address, telephone number, fax number (if any), and State Bar of Texas identification number. The withdrawing lead counsel must comply with (b) but not (c).
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Rule 6.6. Agreements of Parties or Counsel
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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.
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Notes and Comments
Comment to 1997 change: Former Rules 7 and 57 are merged and substantially revised. Former Rule 8 regarding agreements of counsel is included here as subdivision 6.6, and the requirement that an agreement be filed and included in the record is deleted.
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Rule 7. Substituting Parties
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7.1. Parties Who Are Not Public Officers
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(a) Death of a Party.
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(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.
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(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.
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(b) Substitution for Other Reasons.
If substitution of a party in 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.
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Rule 7.2. Public Officers
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(a) Automatic Substitution of Officer.
When a public officer is a party in an official capacity to an appeal or original proceeding, and if that person ceases to hold office before the appeal or 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.
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(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.
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Notes and Comments
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Comment to 1997 change: This is former Rule 9.
Former subdivision (a) regarding death of a party in a civil case is now subparagraph 7.1(a)(1). Former subdivision (b) regarding death of a party in a criminal case is now subparagraph 7.1(a)(2). Former subdivision (c) regarding separation of office by public officers is now subdivision 7.2. Former paragraph (c)(3) regarding a successor's liability for costs is omitted as unnecessary. Former subdivision (d) regarding substitution for other causes is now paragraph 7.1(b). Subdivision 7.2 is revised to make it applicable to all cases in which a public officer is a party, and to make substitution automatic if appropriate.
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Rule 8. Bankruptcy in Civil Cases
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8.1. Notice of Bankruptcy
Any party may file a notice that a party is in bankruptcy. The notice must contain:
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(a) the bankrupt party’s name;
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(b) the court in which the bankruptcy proceeding is pending;
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(c) the bankruptcy proceeding’s style and case number; and
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(d) the date when the bankruptcy petition was filed.
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Comment to 2008 change: The requirement that the bankruptcy notice contain certain pages of the bankruptcy petition is eliminated, given that electronic filing is now prevalent in bankruptcy courts and bankruptcy petitions are available through the federal PACER system.
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Rule 8.2. Effect of Bankruptcy
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.
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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 Rule 8.3.
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A document 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.
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Rule 8.3. Motion to Reinstate or Sever Appeal Suspended by Bankruptcy
(a) Motion to Reinstate.
If a case has been suspended by a bankruptcy filing, a party may move that the appellate court reinstate 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.
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(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 proceed under this paragraph on its own initiative.
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Notes and Comments
Comment to 1997 change: This is a new rule.
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Rule 9. Documents Generally
9.1. Signing
(a) Represented Parties.
If a party is represented by counsel, a document filed on that party's behalf must be signed by at least one of the party’s attorneys. For each attorney whose name appears on a document as representing that party, the document must contain that attorney’s State Bar of Texas identification number, mailing address, telephone number, fax number (if any), and email address.
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(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.
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(c) Electronic Signatures.
A document that is electronically served, filed, or issued by a court or clerk is considered signed if the document includes:
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(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.
9.2. Filing
(a) With Whom.
A document is filed in an appellate court by delivering it to:
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(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.
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(1) Timely Filing.
A document received within ten days after the filing deadline is considered timely filed if:
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(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
(C) it was deposited in the mail or delivered to a commercial delivery service on or before the last day for filing.
(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:
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(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;
(C) a certificate of mailing by the United States Postal Service; or
(D) a receipt endorsed by the commercial delivery service.
(c) Electronic Filing.
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(1) Requirement.
Attorneys in civil cases must electronically file documents. Attorneys in criminal cases must electronically 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 documents, but it is not required.
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(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 certified by the Office of Court Administration.
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(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 to file other documents in paper form in a particular case.
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(4) Timely Filing.
Unless a document must be filed by a certain 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 filing party’s electronic filing service provider, except:
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(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 allowing 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.
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(6) Confirmation of Filing.
The electronic filing manager will send a filing confirmation notice to the filing party.
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(7) Electronic Orders, Notices, and Other Documents From the Court.
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(A) In Civil Cases.
(i) Except as provided in (ii), the clerk must send orders, notices, and other documents to the parties electronically through an electronic filing system approved by the Supreme Court. A court seal may be electronic.
(ii) The clerk need not send orders, notices, or other documents electronically:
(a) when sealed or when access is otherwise restricted by law or court order; or
(b) when an unrepresented party has not provided an email address.
(B) In Criminal Cases.
(i) The clerk may electronically send notices and other documents to the parties. A court seal may be electronic.
(ii) Except as provided in (iii), the clerk must send orders to the parties electronically through an electronic filing system approved by the Supreme Court. A court seal may be electronic.
(iii) The clerk need not send orders electronically:
(a) when sealed or when access is otherwise restricted by law or court order; or
(b) when an unrepresented party has not provided an email address.
9.3. Number of Copies
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(a) Courts of Appeals.
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(1) Paper Filing.
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(A) In General.
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Unless otherwise required by local rule, only the original of a document must be filed in a court of appeals.
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(B) Record.
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Only one record in each case must be filed in a court of appeals.
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(2) Electronic Filing.
Unless required otherwise by local rule, a party electronically filing a document must file only the electronically filed copy.
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(b) Supreme Court and Court of Criminal Appeals.
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(1) Paper Filing.
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(A) In General.
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Documents tendered for filing in the Supreme Court or the Court of Criminal Appeals must be accompanied by the number of paper copies required by the Supreme Court or the Court of Criminal Appeals, respectively.
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(B) Record.
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Only one record in each case must be filed in the Supreme Court or the Court of Criminal Appeals.
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(2) Electronic Filing.
Unless otherwise required by the Supreme Court or the Court of Criminal Appeals, a party electronically filing a document must file only the electronically filed copy.
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9.4. Service
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(a) Service of All Documents Required.
At or before the time a document is filed, the filing party must serve a copy on all parties to the proceeding.
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(b) Manner of Service.
A document may be served on a party by:
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(1) delivering a copy to the party’s lead counsel, or to the party if not represented by counsel, in person or by agent;
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(2) electronically serving a copy through the electronic filing manager if the party’s lead counsel or unrepresented party has an email address on file with the electronic filing manager;
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(3) mailing a copy to the party’s lead counsel, or to the party if not represented by counsel, by certified or registered mail, by regular mail, or by commercial delivery service; or
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(4) faxing a copy to the party’s lead counsel, or to the party if not represented by counsel.
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(c) When Complete.
Service is complete when:
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(1) the document is delivered in person or by agent;
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(2) the document is electronically served;
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(3) the document is deposited in the mail or with a commercial delivery service; or
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(4) the document is transmitted by fax.
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(d) Proof of Service.
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(1) In General.
A document presented for filing must contain a proof of service in the form of either an acknowledgment of service by the person served or a certificate of service.
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(2) Certificate Requirements.
A certificate of service must be signed by the person who made the service and must state:
(A) the date and manner of service;
(B) the name and address of each person served; and
(C) if the person served is a party’s attorney, the name of the party represented by that attorney.
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(3) Electronic Filing.
The filing of a document by electronic means constitutes a certificate by the filing party that the document has been served electronically on all parties who are registered users of the electronic filing manager.
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9.5. Service of Court of Appeals’ Opinions and Judgments
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(a) Service by Clerk.
The clerk of the court of appeals must serve a copy of the court’s opinion and judgment on all parties to the appeal and send a copy to the trial court clerk.
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(b) Method of Service.
The clerk may serve the opinion and judgment by any method of service permitted under Rule 9.4(b).
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(c) When Complete.
Service is complete when the clerk has mailed, delivered, or electronically sent the opinion and judgment to the parties or their counsel.
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9.6. Privacy Protection for Documents Filed in Civil Cases
Unless a court orders otherwise, an electronic or paper filing made with the court that includes sensitive data — such as a driver’s license number, passport number, social security number, tax identification number, or a bank account, credit card, or charge card number — may include only:
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(a) the last three digits of the identification number;
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(b) the last four digits of a social security number;
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(c) the last four digits of a financial account number; and
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(d) a minor’s initials instead of the minor’s name.
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The responsibility for redacting sensitive data rests with counsel and the parties. The clerk bears no responsibility for ensuring that filings comply with this rule.
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9.7. Privacy Protection for Documents Filed in Criminal Cases
Unless a court orders otherwise, an electronic or paper filing made with the court that includes the birth date, home address, or the name of any person identified as a victim or witness in a criminal case may include only:
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(a) the year of the person’s birth;
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(b) the person’s initials instead of the person’s name; and
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(c) the city and state of the person’s home address.
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The responsibility for redacting information described in this rule rests with counsel and the parties. The clerk bears no responsibility for ensuring that filings comply with this rule.
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Rule 10. Motions in the Appellate Courts
10.1. Form and Contents of Motions
(a) Motion Must Be in Writing.
A motion must be in writing and comply with Rule 9.4.
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(b) Motion Must Specify Relief Sought.
A motion must state with particularity the grounds on which it is based, and set forth the order or relief sought.
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(c) Motion May Be Supported by Record.
The motion may be accompanied by a relevant record excerpt, affidavits, or other supporting documents.
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(d) Evidence.
A motion need not be verified unless required by statute or rule. But the court may consider affidavits submitted with the motion, and it may require oral testimony.
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10.2. Service of Motion
A motion must be served on all parties to the proceeding.
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10.3. Response to Motion
(a) Time for Response.
A party may file a response to a motion within 10 days after the motion is filed. The court may shorten or extend the time for response.
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(b) Response Not Required.
The court will not grant a motion by default; if a party fails to respond to a motion, the court will consider the motion unopposed.
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(c) Service of Response.
A response must be served on all parties to the proceeding.
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10.4. Action on Motion
The appellate court may:
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(a) summarily deny the motion;
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(b) grant the motion without waiting for a response; or
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(c) postpone consideration of the motion to allow a response.
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11.1. When Allowed.
An appellate court may grant leave to file an amicus curiae brief, even if the brief is tendered after the court has refused discretionary review.
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11.2. Motion for Leave and Brief.
The motion for leave and the brief may be filed together and must conform to the rules regarding the form and length of briefs.
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11.3. Response.
The court may request a response to an amicus curiae brief, but it is not required.
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Rule 12. Duties of Appellate Clerk
12.1. Docketing the Case.
The clerk of an appellate court must:
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(a) docket each case when filed,
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(b) note on the docket each document filed,
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(c) note the date and manner of each filing, and
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(d) maintain the docket in numerical order.
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12.2. Custody of Papers.
The appellate clerk is the custodian of all documents filed in the appellate court.
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12.3. Request for Documents.
On written request, the clerk must make the record and other papers available for inspection by any person.
12.4. Copies.
The clerk may not refuse to make copies of papers in the clerk’s custody and must provide certified copies when requested.
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12.5. Completion and Transmission of Record.
The clerk must ensure that the appellate record is complete and must send it to the court that is to review the case.
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Rule 13. Court Reporters and Court Recorders
13.1. Duties
The official court reporter or court recorder must:
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(a) attend court sessions and record proceedings;
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(b) prepare and file all reporter’s records requested in accordance with these rules; and
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(c) perform other duties as prescribed by law, the trial court, or the appellate court.
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13.2. Preparation of Reporter’s Record
The reporter must prepare the record in compliance with these rules and file it with the trial court clerk or directly with the appellate court clerk, as appropriate.
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13.3. Extension of Time
The appellate court may grant an extension of time for filing the reporter’s record.
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13.4. Notification of Late Record
If the reporter’s record has not been filed within the required time, the clerk of the appellate court must send notice to the court reporter or recorder and each party advising that the record is late and requesting that the record be filed immediately or an extension be requested.
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Rule 14. Recording and Broadcasting Court Proceedings
14.1. Policy.
Court proceedings may not be broadcast, televised, recorded, or photographed for purposes of public dissemination without the prior approval of the court.
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14.2. Exceptions.
The court may permit such recording or broadcasting under guidelines it establishes, provided that it will not interfere with the orderly conduct of the proceeding or the rights of the parties.
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Rule 15. Issuance of Writ or Process by Appellate Court
15.1. Writs and Process
An appellate court or a justice of that court may issue a writ or process necessary to enforce the court’s jurisdiction.
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15.2. Service
The writ or process may be served and returned as in other cases, or the appellate court may direct the manner of service.
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Rule 16. Disqualification or Recusal of Appellate Judges
16.1. Grounds for Disqualification or Recusal
The grounds for disqualification or recusal of an appellate judge are the same as those provided by law for trial court judges.
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16.2. Procedure
A party may file a motion to disqualify or recuse a judge before submission. The motion must be filed promptly after the party knows of the grounds for disqualification or recusal.
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16.3. Decision on the Motion
The challenged judge may:
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(a) recuse voluntarily, or
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(b) refer the motion to the entire court for a decision.
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16.4. Replacement
If a judge is disqualified or recused, the court may request the Chief Justice of the Supreme Court (or Court of Criminal Appeals, if applicable) to assign another judge or justice to participate in the case.
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Rule 17. Court of Appeals Unable to Take Immediate Action
If a court of appeals is unable to act immediately on a matter that requires immediate action, a single justice of the court may act on behalf of the court.
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Rule 18. Mandate
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18.1. Issuance of Mandate
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(a) In General.
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The appellate court’s judgment must be enforced through the issuance of a mandate.
(b) Date of Issuance.
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The mandate may issue after the expiration of all applicable periods for filing motions for rehearing or en banc reconsideration, or petitions for review or discretionary review, unless the court orders otherwise.
18.2. Stay of Mandate
(a) Motion to Stay.
A party may move to stay issuance of the mandate for good cause.
(b) Duration of Stay.
The court may stay the mandate for a period necessary to allow the party to seek further review or relief.
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18.3. Recall of Mandate
The appellate court may recall its mandate for good cause.
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Rule 19. Plenary Power of the Courts of Appeals and Expiration of Term
19.1. Plenary Power
The court of appeals’ plenary power continues for 60 days after judgment unless:
(a) a timely filed motion for rehearing or en banc reconsideration is filed, in which case plenary power continues until 30 days after all such motions are overruled; or
(b) otherwise provided by law.
19.2. Expiration of Term
The expiration of the court’s term does not affect the court’s jurisdiction or authority to act in a case.
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Rule 20. When Party is Indigent
20.1. Civil Cases
(a) Establishing Indigence.
A party may proceed without advance payment of costs by filing a Statement of Inability to Afford Payment of Court Costs, complying with Texas Rule of Civil Procedure 145.
(b) Contest.
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Another party or the clerk may contest the claim of indigence. The trial court will hold a hearing and make a determination.
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(c) Appeal of Determination.
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A party may challenge the trial court’s ruling by filing a motion in the appellate court.
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20.2. Criminal Cases
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(a) Appointed Counsel.
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If the trial court appoints counsel, that determination of indigency continues on appeal unless the trial court finds circumstances have changed.
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(b) Affidavit of Indigence.
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A defendant not represented by appointed counsel must file an affidavit of indigence with the trial court to request that costs of appeal be waived or paid.
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SECTION 2. APPEALS FROM TRIAL COURT JUDGMENTS AND ORDERS
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Rule 21. New Trials in Criminal Cases
21.1. Definition
A motion for new trial is a request for a new trial based on errors or irregularities in the proceedings.
21.2. Time to File and Amend
The defendant must file a motion for new trial no later than 30 days after the date the trial court imposes sentence in open court. The motion may be amended without leave of court within the same 30-day period.
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21.3. Form, Filing, and Presentment
The motion must be in writing and filed with the trial court clerk. The motion must be presented to the trial court within 10 days of filing unless the court permits later presentment for good cause.
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21.4. Hearings
The defendant must request a hearing on the motion. The court may receive evidence by affidavit or otherwise.
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21.5. Ruling
The motion is overruled by operation of law if the trial court does not rule on it within 75 days after imposing sentence.
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Rule 22. Arrest of Judgment in Criminal Cases
22.1. Definition
A motion in arrest of judgment is a defendant’s request to have the judgment set aside for fundamental error.
22.2. Time to File
The defendant must file a motion in arrest of judgment no later than 30 days after the date the trial court imposes sentence in open court.
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22.3. Presentment and Ruling
The motion must be presented and ruled on in the same manner as a motion for new trial.
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Rule 23. Nunc Pro Tunc Proceedings in Criminal Cases
23.1. Authority of Trial Court
The trial court may correct clerical errors in the judgment at any time by a judgment nunc pro tunc.
23.2. Appeal
An appeal may be taken from the judgment nunc pro tunc.
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Rule 24. Suspension of Enforcement of Judgment Pending Appeal in Civil Cases
24.1. Statement of Inability to Afford Payment of Costs
A party may suspend enforcement of the judgment by filing a Statement of Inability to Afford Payment of Court Costs if the party is entitled to do so by law.
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24.2. Supersedeas Bond, Deposit, or Security
A party may also suspend enforcement by:
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(a) posting a supersedeas bond;
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(b) making a cash deposit; or
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(c) providing other security ordered by the court.
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24.3. Amount of Bond or Deposit
The trial court must set the amount according to law and approve the form of the bond, deposit, or security.
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24.4. Contest
Any party may contest the sufficiency or form of the bond, deposit, or security.
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Rule 25. Perfecting Appeal
25.1. Civil Cases
An appeal is perfected by filing a notice of appeal with the trial court clerk.
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25.2. Criminal Cases
An appeal is perfected in a criminal case by timely filing a notice of appeal with the trial court clerk.
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25.3. Content of Notice
The notice of appeal must identify the judgment or order being appealed and comply with all procedural requirements.
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Rule 26. Time to Perfect Appeal
26.1. Civil Cases
The notice of appeal must be filed within 30 days after the judgment is signed unless a timely motion for new trial or other request extends the deadline.
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26.2. Criminal Cases
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(a) Appeal by Defendant.
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The notice of appeal must be filed within 30 days after sentencing unless a timely motion for new trial is filed, which extends the deadline to 90 days.
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(b) Appeal by State.
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The notice of appeal must be filed within 20 days after the trial court signs the order.
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Rule 27. Premature Filings
A notice of appeal filed before the judgment or order is signed is deemed filed on the date of the signing.
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Rule 28. Accelerated and Permissive Appeals in Civil Cases
28.1. Accelerated Appeals
Appeals from certain interlocutory orders are accelerated, and the notice of appeal must be filed within 20 days after the order is signed.
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28.2. Permissive Appeals
Appeals permitted under Texas Civil Practice and Remedies Code §51.014(d) are taken by petition.
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Rule 29. Orders Pending Interlocutory Appeal in Civil Cases
The appellate court may make orders necessary to preserve the parties' rights during an interlocutory appeal.
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Rule 30. Restricted Appeal to Court of Appeals in Civil Cases
A party who did not participate in the trial and did not timely file a postjudgment motion or appeal may file a restricted appeal within six months after the judgment is signed.
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Rule 31. Appeals in Habeas Corpus, Bail, and Extradition Proceedings in Criminal Cases
31.1. Habeas Corpus
A defendant may appeal a trial court’s ruling on an application for writ of habeas corpus.
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31.2. Bail
A defendant may appeal from an order denying bail or from conditions of bail.
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31.3. Extradition
A person may appeal from an order in an extradition proceeding.
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Rule 32. Docketing Statement
32.1. Civil Cases
A docketing statement in civil cases must be filed with the appellate court clerk within 15 days of the notice of appeal.
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32.2. Criminal Cases
A docketing statement in criminal cases must be filed within 15 days after the notice of appeal is filed.
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Rule 33. Preservation of Appellate Complaints
33.1. Form of Complaint
As a prerequisite to presenting a complaint for appellate review, the record must show that:
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(a) the complaint was made to the trial court by a timely request, objection, or motion; and
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(b) the trial court ruled on the request, objection, or motion, either expressly or implicitly.
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33.2. Formal Exceptions Unnecessary
Formal exceptions to rulings or orders of the trial court are not required.
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Rule 34. Appellate Record
34.1. Contents of Record
The appellate record consists of the clerk’s record and the reporter’s record.
34.2. Clerk’s Record
The clerk’s record must include:
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(a) the trial court’s docket sheet;
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(b) all pleadings, motions, and orders;
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(c) the court’s charge and verdict;
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(d) all requested jury instructions and findings of fact and conclusions of law; and
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(e) any other documents designated by the parties.
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34.3. Reporter’s Record
The reporter’s record must include:
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(a) all testimony, objections, and rulings;
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(b) any exhibits admitted into evidence or offered but refused; and
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(c) all trial proceedings recorded.
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Rule 35. Time to File Record; Responsibility for Filing Record
35.1. Time for Filing
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(a) Civil Cases. The record must be filed within 60 days after judgment unless extended by motion or agreement.
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(b) Criminal Cases. The record must be filed within 60 days after sentencing unless extended.
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35.2. Responsibility
The trial court clerk and the court reporter are responsible for timely preparing and filing the appellate record.
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Rule 36. Agency Record in Administrative Appeals
36.1. Contents
The record in an administrative appeal must include:
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(a) the agency’s findings, conclusions, and orders;
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(b) the pleadings;
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(c) the statement of facts; and
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(d) all exhibits and evidence admitted.
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Rule 37. Duties of the Appellate Clerk on Receiving the Notice of Appeal and Record
37.1. Docketing
The clerk must docket the appeal and notify the parties of the docket number.
37.2. Notice
The clerk must send the parties a notice confirming receipt of the record and explaining procedures for briefing.
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Rule 38. Requisites of Briefs
38.1. Appellant’s Brief
The appellant’s brief must contain:
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(a) identity of parties and counsel;
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(b) table of contents;
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(c) index of authorities;
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(d) statement of the case;
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(e) issues presented;
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(f) statement of facts;
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(g) summary of the argument;
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(h) argument with citations;
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(i) prayer for relief;
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(j) appendix if required.
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38.2. Appellee’s Brief
The appellee’s brief should respond to the appellant’s issues and arguments.
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38.3. Reply Brief
The appellant may file a reply brief addressing the appellee’s brief.
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Rule 39. Oral Argument; Decision Without Argument
39.1. Request for Oral Argument
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A party may request oral argument in its brief.
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39.2. Submission Without Oral Argument
The court may decide the case without oral argument if argument would not significantly aid the decisional process.
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Rule 40. Order of Decision
The appellate court must render judgment as soon as practicable after submission and may affirm, reverse, render, or remand as appropriate.
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Rule 41. Panel and En Banc Decision
41.1. Panels
Cases in the courts of appeals will be assigned to panels of three justices unless a larger number is required.
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41.2. En Banc Consideration
En banc consideration is disfavored but may be ordered:
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(a) to secure or maintain uniformity of decisions; or
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(b) in extraordinary circumstances.
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41.3. Vote Required
En banc consideration requires a vote of a majority of the court’s members.
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Rule 42. Dismissal; Settlement
42.1. Voluntary Dismissal
The appellate court may dismiss an appeal upon the appellant’s motion unless disposition would prevent injustice.
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42.2. Settlement
The parties may file a settlement agreement with the court, and the court may render judgment accordingly or dismiss the appeal.
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42.3. Costs
Costs will be taxed against the appellant unless otherwise agreed or ordered.
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Rule 43. Judgment of the Court of Appeals
43.1. Types of Judgment
The court of appeals may:
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(a) affirm the trial court’s judgment;
(b) modify and affirm as modified;
(c) reverse and render judgment;
(d) reverse and remand for further proceedings;
(e) vacate and dismiss.
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43.2. Reversible Error
If error is found that requires reversal, the court must reverse the judgment and render the judgment the trial court should have rendered.
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Rule 44. Reversible Error
44.1. Harmful Error in Civil Cases
No judgment may be reversed unless the error complained of probably caused the rendition of an improper judgment or prevented the appellant from properly presenting the case to the court of appeals.
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44.2. Harmful Error in Criminal Cases
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(a) Constitutional errors require reversal unless harmless beyond a reasonable doubt.
(b) Other errors must be disregarded unless they affect substantial rights.
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44.3. Defects in Procedure
A court of appeals must not affirm or reverse based on procedural defects without allowing an opportunity to correct them unless they are incurable.
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Rule 45. Damages for Frivolous Appeals in Civil Cases
If the court of appeals determines that an appeal is frivolous, it may award the appellee just damages.
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Rule 46. Remittitur in Civil Cases
46.1. Remittitur After Reversal
If a court of appeals reverses a trial court’s judgment because of excessive damages, it may suggest a remittitur and render judgment accordingly if the remittitur is filed.
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46.2. Remittitur Following Suggestion
If the remittitur is not filed, the appellate court may remand for a new trial.
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Rule 47. Opinions, Publication, and Citation
47.1. Written Opinions
The court of appeals must hand down a written opinion that is as brief as practicable.
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47.2. Publication
Opinions designated for publication may be cited as authority. Unpublished opinions may not be cited except as permitted by rule.
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47.3. Opinion Corrections
The court may correct its opinion or judgment without altering the judgment itself.
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47.4. Memorandum Opinions
A memorandum opinion should be used when no precedent is set and the issues are well-settled.
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Rule 48. Copy of Opinion and Judgment to Interested Parties and Other Courts
The clerk of the court of appeals must send a copy of the opinion and judgment to:
(a) the parties;
(b) the trial court clerk; and
(c) the Supreme Court if requested.
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Rule 49. Motion for Rehearing and En Banc Reconsideration
49.1. Motion for Rehearing
A party may file a motion for rehearing within 15 days after the court’s judgment or order.
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49.2. En Banc Reconsideration
A party may file a motion for en banc reconsideration by the same deadline, and the court may order it on its own initiative.
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49.3. Response and Decision
No response is required unless requested. The court may summarily deny or grant the motion.
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49.4. Second Motions
A second motion for rehearing will not be considered unless the court modifies its judgment.
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Rule 50. (Abolished)
Rule 50 was abolished effective September 1, 2011.
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Rule 51. Enforcement of Judgments After Mandate
51.1. Civil Cases
After receiving the appellate court’s mandate, the trial court must enforce the judgment as directed.
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51.2. Criminal Cases
In criminal cases, the mandate must direct the trial court to proceed with the case as required by law and the appellate court’s decision.
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SECTION 3. ORIGINAL PROCEEDINGS IN THE SUPREME COURT AND THE COURTS OF APPEALS
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Rule 52. Original Proceedings in the Supreme Court and the Courts of Appeals
52.1. Commencement
An original appellate proceeding is commenced by filing a petition with the clerk of the appropriate appellate court.
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52.2. Parties
The party seeking relief is the relator, and the person against whom relief is sought is the respondent.
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52.3. Contents of Petition
The petition must include:
(a) a table of contents;
(b) an index of authorities;
(c) a statement of the case;
(d) a statement of jurisdiction;
(e) the issues presented;
(f) a concise statement of facts;
(g) the argument and authorities;
(h) a prayer for relief; and
(i) an appendix.
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SECTION 4. PROCEEDINGS IN THE SUPREME COURT
Rule 53. Petition for Review in the Supreme Court
53.1. Purpose of Petition
A petition for review is a request for the Supreme Court to review a court of appeals’ decision.
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53.2. Contents of Petition
The petition must include:
(a) identity of parties and counsel;
(b) table of contents;
(c) index of authorities;
(d) statement of the case;
(e) statement of jurisdiction;
(f) issues presented;
(g) a statement of facts;
(h) summary of the argument;
(i) argument and authorities; and
(j) an appendix.
Rule 54. Filing the Record in the Supreme Court
54.1. Duty of Court of Appeals Clerk
When the Supreme Court grants review, the court of appeals clerk must promptly send the record to the Supreme Court.
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Rule 55. Briefs on the Merits in the Supreme Court
55.1. Petitioner’s Brief
After review is granted, the petitioner must file a brief on the merits that conforms to Rule 53.2.
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55.2. Respondent’s Brief
The respondent may file a brief responding to the petitioner’s brief.
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55.3. Reply Brief
The petitioner may file a reply brief.
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Rule 56. Orders on Petition for Review
56.1. Denying Review
If the Supreme Court denies review, no further petition for rehearing is allowed.
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56.2. Granting Review
If the Supreme Court grants review, it may:
(a) request briefing;
(b) set the case for oral argument;
(c) decide the case without oral argument.
Rule 57. Direct Appeals to the Supreme Court
57.1. Cases Subject to Direct Appeal
The Supreme Court has jurisdiction over direct appeals from trial court rulings in cases prescribed by law.
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57.2. Record and Briefing
The procedures governing the record and briefing in direct appeals follow the rules applicable to regular appeals.
Rule 58. Certification of Questions of Law by United States Courts
58.1. Certification Process
A U.S. federal court may certify determinative questions of Texas law to the Supreme Court of Texas.
58.2. Procedure in Certified Cases
The Supreme Court may request briefing and oral argument before issuing an opinion answering the certified question.
Rule 59. Submission and Argument in the Supreme Court
59.1. Submission Without Oral Argument
The Supreme Court may decide cases without oral argument.
59.2. Oral Argument
If oral argument is granted, each side is typically allowed 20 minutes unless the court specifies otherwise.
Rule 60. Judgments in the Supreme Court
60.1. Types of Judgment
The Supreme Court may:
(a) affirm the judgment of the court of appeals;
(b) modify and affirm the judgment as modified;
(c) reverse and render judgment;
(d) reverse and remand for further proceedings;
(e) vacate and dismiss.
60.2. Opinions
The Supreme Court must issue a written opinion explaining its judgment.
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Rule 61. Reversible Error
61.1. Supreme Court Review
A judgment may not be reversed on appeal unless the Supreme Court finds error that:
(a) probably caused the rendition of an improper judgment; or
(b) probably prevented the appellant from properly presenting the case on appeal.
61.2. Harmless Error
Errors that do not affect the substantial rights of the parties must be disregarded.
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Rule 62. Damages for Frivolous Appeals
If the Supreme Court determines an appeal is frivolous, it may award just damages to the appellee.
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Rule 63. Opinions; Copy of Opinion and Judgment to Interested Parties and Other Courts
The Supreme Court must issue a written opinion in every case in which it renders a judgment. The clerk must send copies of the opinion and judgment to:
(a) the parties;
(b) the trial court clerk; and
(c) the court of appeals clerk, if applicable.
Rule 64. Motion for Rehearing in the Supreme Court
64.1. Time for Filing
A motion for rehearing must be filed within 15 days after the court’s judgment.
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64.2. Decision
The Supreme Court may:
(a) deny the motion;
(b) grant the motion and issue a new opinion; or
(c) grant the motion and order additional briefing or argument.
Rule 65. Enforcement of Judgment After Mandate
The Supreme Court’s mandate is enforceable by the trial court in accordance with the Supreme Court’s judgment.
SECTION 5. PROCEEDINGS IN THE COURT OF CRIMINAL APPEALS
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Rule 66. Discretionary Review in General (Court of Criminal Appeals)
66.1. Purpose
The Court of Criminal Appeals exercises discretionary review to maintain uniformity in criminal law and resolve important legal issues.
66.2. Grounds for Review
The Court of Criminal Appeals may grant review when:
(a) a court of appeals has decided an important question of law;
(b) there is conflict among courts of appeals;
(c) a court of appeals has decided an issue incorrectly.
66.3. Petition for Discretionary Review
A party seeking review must file a petition complying with the procedural requirements of Rule 68.
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Rule 67. Discretionary Review Without Petition
The Court of Criminal Appeals may review a case on its own motion, even if no petition is filed.
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Rule 68. Petition for Discretionary Review
68.1. Filing Requirements
A petition for discretionary review must be filed within 30 days after the judgment or ruling of the court of appeals.
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68.2. Contents
The petition must include:
(a) a table of contents;
(b) an index of authorities;
(c) a statement of the case;
(d) a statement of jurisdiction;
(e) the issues presented;
(f) argument and authorities; and
(g) an appendix if necessary.
68.3. Response
A response may be filed but is not required unless the court requests one.
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Rule 69. Action of the Court on Petition for Discretionary Review and After Granting Review
69.1. Possible Actions on Petition
The Court of Criminal Appeals may:
(a) refuse the petition;
(b) grant the petition and hear the case;
(c) grant the petition and summarily reverse or remand.
69.2. After Granting Review
Once review is granted, the court may request briefs and oral argument before rendering its decision.
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Rule 70. Brief on the Merits in Discretionary Review Cases
70.1. Petitioner’s Brief
The petitioner must file a brief discussing the legal issues in the case.
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70.2. Respondent’s Brief
The respondent may file a brief responding to the petitioner’s arguments.
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70.3. Reply Brief
The petitioner may file a reply brief addressing new issues raised in the respondent’s brief.​​​​​​​​