Texas Rules of Appellate Procedure
Current through January 1, 2026
Chapter 1 · General Provisions
- 1.1 Scope
- 1.2 Local Rules and Forms
- 1.3 Filing a Paper Clerk's Record
- 1.4 Non-Conforming Records and Supplements Deadlines
- 2 Suspension of Rule
- 3.1 Definitions
- 3.2 Uniform Terminology in Criminal Cases
- 4.1 Computing Time
- 4.2 No Notice of Trial Court's Judgment in Civil Case Deadlines
- 4.3 Periods Affected by Modified Judgment in Civil Case
- 4.4 Periods Affected When Process Served by Publication Deadlines
- 4.5 No Notice of Judgment or Order of Appellate Court; Effect on Time to File Certain Documents Deadlines
- 4.6 No Notice of Trial Court's Appealable Order on a Motion for Forensic DNA Testing Deadlines
- 5 Fees in Civil Cases
- 6.1 Lead Counsel
- 6.2 Appearance of Other Attorneys
- 6.3 To Whom Communications Sent
- 6.4 Nonrepresentation Notice
- 6.5 Withdrawal of Lead Counsel
- 6.6 Agreements of Parties or Counsel
- 7.1 Parties Who Are Not Public Officers
- 7.2 Public Officers
- 8.1 Notice of Bankruptcy
- 8.2 Effect of Bankruptcy
- 8.3 Motion to Reinstate or Sever Appeal Suspended by Bankruptcy
- 9.1 Signing
- 9.2 Filing Deadlines
- 9.3 Number of Copies
- 9.4 Form
- 9.5 Service
- 9.6 Communications With the Court
- 9.7 Adoption by Reference
- 9.8 Protection of Minor's Identity in Parental- Rights Termination Cases and Juvenile Court Cases
- 10.1 Contents of Motions; Response
- 10.2 Evidence on Motions
- 10.3 Determining Motions Deadlines
- 10.4 Power of Panel or Single Justice or Judge to Entertain Motions
- 10.5 Particular Motions Deadlines
- 11 Amicus Curiae Briefs
- 12.1 Docketing the Case
- 12.2 Docket Numbers
- 12.3 Custody of Papers
- 12.4 Withdrawing Papers
- 12.5 Clerk's Duty to Account
- 12.6 Notices of Court's Judgments and Orders
Chapter 2 · Appeals from Trial Court Judgments and Orders
- 13.1 Duties of Court Reporters and Recorders
- 13.2 Additional Duties of Court Recorder
- 13.3 Priorities of Reporters
- 13.4 Report of Reporters
- 13.5 Appointing Deputy Reporter
- 13.6 Filing of Notes in a Criminal Case Deadlines
- 14.1 Recording and Broadcasting Permitted
- 14.2 Procedure Deadlines
- 14.3 Equipment and Personnel
- 14.4 Enforcement
- 15.1 In General
- 15.2 Appearance Without Service; Actual Knowledge
- 16.1 Grounds for Disqualification
- 16.2 Grounds for Recusal
- 16.3 Procedure for Recusal
- 17.1 Inability to Act
- 17.2 Nearest Available Court of Appeals
- 17.3 Further Proceedings
- 18.1 Issuance Deadlines
- 18.2 Stay of Mandate Deadlines
- 18.3 Trial Court Case Number
- 18.4 Filing of Mandate
- 18.5 Costs
- 18.6 Mandate in Accelerated Appeals
- 18.7 Recall of Mandate
- 19.1 Plenary Power of Courts of Appeals Deadlines
- 19.2 Plenary Power Continues After Petition Filed
- 19.3 Proceedings After Plenary Power Expires
- 19.4 Expiration of Term
- 20.1 Civil Cases
- 20.2 Criminal Cases
- 21.1 Definitions
- 21.2 When Motion for New Trial Required
- 21.3 Grounds
- 21.4 Time to File and Amend Motion Deadlines
- 21.5 State May Controvert; Effect
- 21.6 Time to Present Deadlines
- 21.7 Types of Evidence Allowed at Hearing
- 21.8 Court's Ruling Deadlines
- 21.9 Granting a New Trial
- 22.1 Definition
- 22.2 Grounds
- 22.3 Time to File Motion Deadlines
- 22.4 Court's Ruling Deadlines
- 22.5 Effect of Denying
- 22.6 Effect of Granting
- 23.1 Judgment and Sentence
- 23.2 Credit on Sentence
- 24.1 Suspension of Enforcement
- 24.2 Amount of Bond, Deposit, or Security Deadlines
- 24.3 Continuing Trial Court Jurisdiction; Duties of Judgment Debtor
- 24.4 Appellate Review Deadlines
- 25.1 Civil Cases
- 25.2 Criminal Cases Deadlines
- 26.1 Civil Cases Deadlines
- 26.2 Criminal Cases Deadlines
- 26.3 Extension of Time Deadlines
- 27.1 Prematurely Filed Notice of Appeal
- 27.2 Other Premature Actions
- 27.3 If Appealed Order Modified or Vacated
- 28.1 Accelerated Appeals Deadlines
- 28.3 Permissive Appeals in Civil Cases Deadlines
- 28.4 Accelerated Appeals in Parental Termination and Child Protection Cases and From Orders Certifying a Child to Stand Trial as an Adult Deadlines
- 29.1 Effect of Appeal
- 29.2 Security
- 29.3 Temporary Orders of Appellate Court
- 29.4 Enforcement of Temporary Orders
- 29.5 Further Proceedings in Trial Court
- 29.6 Review of Further Orders
- 30 Restricted Appeals to Court of Appeals in Civil Cases
- 31.1 Filing the Record and Briefs Deadlines
- 31.2 Submission; Hearing
- 31.3 Orders on Appeal
- 31.4 Stay of Mandate Deadlines
- 31.5 Judgment Conclusive
- 31.6 Defendant Detained by Other Than Officer
- 31.7 Judgment to be Certified
- 31.8 Expedited Appeal by the State of an Order Granting Bail Deadlines
- 32.1 Civil Cases
- 32.2 Criminal Cases
- 32.3 Supplemental Statements
- 32.4 Purpose of Statement
- 33.1 Preservation; How Shown
- 33.2 Formal Bills of Exception Deadlines
Chapter 3 · Original Proceedings in the Courts of Appeals
- 34.1 Contents
- 34.2 Agreed Record
- 34.3 Agreed Statement of the Case
- 34.4 Form
- 34.5 Clerk's Record Deadlines
- 34.6 Reporter's Record
- 35.1 Civil Cases Deadlines
- 35.2 Criminal Cases Deadlines
- 35.3 Responsibility for Filing Record Deadlines
- 36.1 Scope
- 36.2 Inclusion in Appellate Record
- 36.3 Correcting the Record
- 37.1 On Receiving the Notice of Appeal Deadlines
- 37.2 On Receiving the Record
- 37.3 If No Record Filed Deadlines
- 38.1 Appellant's Brief
- 38.2 Appellee's Brief
- 38.3 Reply Brief
- 38.5 Appendix for Cases Recorded Electronically
- 38.6 Time to File Briefs Deadlines
- 38.7 Amendment or Supplementation
- 38.8 Failure of Appellant to File Brief Deadlines
- 38.9 Briefing Rules to be Construed Liberally
- 39.1 Right to Oral Argument
- 39.2 Purpose of Argument
- 39.3 Time Allowed
- 39.4 Number of Counsel
- 39.5 Argument by Amicus
- 39.6 When Only One Party Files a Brief
- 39.7 Request
- 39.8 Clerk's Notice Deadlines
- 40.1 Civil Cases
- 40.2 Criminal Cases
- 41.1 Decision by Panel
- 41.2 Decision by En Banc Court
- 41.3 Precedent in Transferred Cases
- 42.1 Voluntary Dismissal and Settlement in Civil Cases
- 42.2 Voluntary Dismissal in Criminal Cases
- 42.3 Involuntary Dismissal in Civil Cases Deadlines
- 42.4 Involuntary Dismissal in Criminal Cases Deadlines
- 43.1 Time
- 43.2 Types of Judgment
- 43.3 Rendition Appropriate Unless Remand Necessary
- 43.4 Judgment for Costs in Civil Cases
- 43.5 Judgment Against Sureties in Civil Cases
- 43.6 Other Orders
- 44.1 Reversible Error in Civil Cases
- 44.2 Reversible Error in Criminal Cases
- 44.3 Defects in Procedure
- 44.4 Remediable Error of the Trial Court
- 45 Damages for Frivolous Appeals in Civil Cases
- 46.1 Remittitur After Appeal Perfected
- 46.2 Appeal on Remittitur
- 46.3 Suggestion of Remittitur by Court of Appeals
- 46.4 Refusal to Remit Must Not Be Mentioned in Later Trial
- 46.5 Voluntary Remittitur Deadlines
- 47.1 Written Opinions
- 47.2 Designation and Signing of Opinions; Participating Justices
- 47.3 Distribution of Opinions
- 47.4 Memorandum Opinions
- 47.5 Concurring and Dissenting Opinions
- 47.6 Change in Designation by En Banc Court
- 47.7 Citation of Unpublished Opinions
- 48.1 Recipients of Opinion and Judgment in All Cases
- 48.2 Additional Recipients in Criminal Cases
- 48.3 Filing Opinion and Judgment
- 48.4 Opinion Sent to Criminal Defendant Deadlines
- 49.1 Motion for Rehearing Deadlines
- 49.10 Not Required for Review
- 49.11 Relationship to Petition for Review
- 49.12 Certificate of Conference Not Required
- 49.2 Response to Motion for Rehearing
- 49.3 Decision on Motion for Rehearing
- 49.4 Further Motion for Rehearing Deadlines
- 49.5 En Banc Reconsideration
- 49.6 Further Motion for En Banc Reconsideration Deadlines
- 49.7 Accelerated Appeals
- 49.8 Amendments
- 49.9 Extension of Time Deadlines
- 50 Abolished by Order of July 12, 2011, eff. September 1, 2011
- 51.1 Civil Cases
- 51.2 Criminal Cases
- 52.1 Commencement
- 52.10 Temporary Relief
- 52.11 Groundless Petition or Misleading Statement or Record
- 52.2 Designation of Parties
- 52.3 Form and Contents of Petition
- 52.4 Response
- 52.5 Relator's Reply to Response
- 52.7 Record
- 52.8 Action on Petition
- 52.9 Motion for Rehearing Deadlines
Chapter 4 · Proceedings in the Supreme Court
- 53.1 Method of Review
- 53.2 Contents of Petition
- 53.3 Response to Petition for Review
- 53.4 Points Not Considered in Court of Appeals
- 53.5 Petitioner's Reply to Response
- 53.7 Time and Place of Filing Deadlines
- 53.8 Amendment
- 53.9 Court May Require Revision
- 54.1 Request for Record
- 54.2 Duty of Court of Appeals Clerk
- 54.3 Expenses
- 54.4 Duty of Supreme Court Clerk
- 55.1 Order by Court
- 55.2 Petitioner's Brief on the Merits
- 55.3 Respondent's Brief
- 55.4 Petitioner's Brief in Reply
- 55.5 Reliance on Prior Brief
- 55.7 Time and Place of Filing; Extension of Time Deadlines
- 55.8 Amendment
- 55.9 Court May Require Revision
- 56.1 Orders on Petition for Review
- 56.2 Moot Cases
- 56.3 Settled Cases
- 56.4 Notice to Parties
- 56.5 Return of Documents to Court of Appeals Deadlines
- 57.1 Application
- 57.2 Perfecting Direct Appeal
- 57.3 Jurisdiction of Supreme Court Deadlines
- 57.4 Preliminary Ruling on Probable Jurisdiction; Dismissal of Appeal
- 57.5 Direct Appeal Exclusive While Pending Deadlines
- 57.6 Determination of Direct Appeal Deadlines
- 58.1 Certification
- 58.10 Answering Certified Questions
- 58.2 Contents of the Certification Order
- 58.3 Transmission of Certification Order
- 58.4 Transmission of Record
- 58.5 Fees and Costs
- 58.6 Notice
- 58.7 Briefs and Oral Argument Deadlines
- 58.8 Intervention by the State
- 58.9 Opinion on Certified Questions
- 59.1 Submission Without Argument
- 59.2 Submission With Argument
- 59.3 Purpose of Argument
- 59.4 Time for Argument
- 59.5 Number of Counsel
- 59.6 Argument by Amicus Curiae
- 60.1 Announcement of Judgments
- 60.2 Types of Judgment
- 60.3 Remand in the Interest of Justice
- 60.4 Judgment for Costs
- 60.5 Judgment Against Sureties
- 60.6 Other Orders
- 61.1 Standard for Reversible Error
- 61.2 Error Affecting Only Part of the Case
- 61.3 Defects in Procedure
- 61.4 Remediable Error of the Trial Court or Court of Appeals
- 62 Damages for Frivolous Appeals
- 63 Opinions; Copy of Opinion and Judgment to Interested Parties and Other Courts
- 64.1 Time for Filing Deadlines
- 64.2 Contents
- 64.3 Response and Decision
- 64.4 Second Motion
- 64.5 Extensions of Time Deadlines
- 64.6 Deleted
- 65.1 Statement of Costs
- 65.2 Enforcement of Judgment
- 66.1 With or Without Petition
- 66.2 Not a Matter of Right
- 67.1 Four Judges' Vote Deadlines
- 68.10 Amendment
- 68.2 Time to File Petition Deadlines
- 68.3 Where to File Petition
- 68.4 Contents of Petition
- 68.5 Deleted 68.6
- 68.7 Court of Appeals Clerk's Duties Deadlines
- 68.8 Court of Criminal Appeals Clerk's Duties
- 69.1 Granting or Refusal
- 69.2 Setting Case for Submission
- 69.3 Improvident Grant of Review Deadlines
- 70.1 Initial Brief Deadlines
- 70.2 Respondent's Brief Deadlines
- 70.3 Brief Contents and Form
- 70.4 Other Briefs
- 71.1 Direct Appeal
- 71.4 Additional Briefs
- 72.2 Disposition
Chapter 5 · Extraordinary Writs and Mandamus
- 73.1 Form for Application Filed Under Article 11.07 of the Code of Criminal Procedure
- 73.2 Noncompliant Applications
- 73.3 State's Response
- 73.4 Filing and Transmission of Habeas Record Deadlines
- 73.5 Time Frame for Resolution of Claims Raised in Application Deadlines
- 73.6 Action on Application
- 73.7 New Evidence After Application Forwarded to Court of Criminal Appeals
- 73.8 Rules of Evidence
- 74.1 Certification
- 74.10 Answering Certified Questions
- 74.3 Transmission of Certification Order
- 74.4 Transmission of Record
- 74.5 Notice
- 74.6 Briefs and Oral Argument Deadlines
- 74.8 Opinion on Certified Question
- 74.9 Motion for Rehearing Deadlines
- 75.1 Notification of Argument or Submission
- 75.2 Request for Argument Deadlines
- 75.3 Oral Argument
- 76 Submissions En Banc
- 77.2 Signing; Publication
- 78.1 Types of Judgment
- 78.2 Remand in the Interests of Justice
- 78.3 Other Orders
- 79.1 Motion for Rehearing Deadlines
- 79.2 Contents
- 79.3 Amendments
- 79.4 Decision
- 79.5 Further Motion for Rehearing
- 79.6 Extension of Time
- 79.7 Service
- 80.1 Service on State Prosecuting Attorney