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← Texas Texas Rules of Appellate Procedure

Part 1 — General Provisions

1.2 Local Rules and Forms
1.3 Filing a Paper Clerk's Record
1.4 Non-Conforming Records and Supplements
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 D
4.3 Periods Affected by Modified Judgment in Civil Case
4.4 Periods Affected When Process Served by Publication D
4.6 No Notice of Trial Court's Appealable Order on a Motion for Forensic DNA Testing D
5 Fees in Civil Cases
6.1 Lead Counsel
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
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 D
10.4 Power of Panel or Single Justice or Judge to Entertain Motions
10.5 Particular Motions D
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

Part 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 D
14.1 Recording and Broadcasting Permitted
14.2 Procedure
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
18.2 Stay of Mandate D
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 D
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 D
21.5 State May Controvert; Effect
21.6 Time to Present D
21.7 Types of Evidence Allowed at Hearing
21.8 Court's Ruling D
21.9 Granting a New Trial
22.1 Definition
22.2 Grounds
22.3 Time to File Motion D
22.4 Court's Ruling D
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
24.3 Continuing Trial Court Jurisdiction; Duties of Judgment Debtor
24.4 Appellate Review D
25.1 Civil Cases
25.2 Criminal Cases
26.1 Civil Cases D
26.2 Criminal Cases D
26.3 Extension of Time D
27.1 Prematurely Filed Notice of Appeal
27.2 Other Premature Actions
27.3 If Appealed Order Modified or Vacated
28.1 Accelerated Appeals D
28.3 Permissive Appeals in Civil Cases D
28.4 Accelerated Appeals in Parental Termination and Child Protection Cases and From Orders Certifying a Child to Stand Trial as an Adult D
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 D
31.2 Submission; Hearing
31.3 Orders on Appeal
31.4 Stay of Mandate D
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 D
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 D

Part 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 D
34.6 Reporter's Record
35.1 Civil Cases D
35.2 Criminal Cases D
35.3 Responsibility for Filing Record D
36.1 Scope
36.2 Inclusion in Appellate Record
36.3 Correcting the Record
37.1 On Receiving the Notice of Appeal D
37.2 On Receiving the Record
37.3 If No Record Filed D
38.1 Appellant's Brief
38.2 Appellee's Brief
38.3 Reply Brief
38.4 Deleted
38.5 Appendix for Cases Recorded Electronically
38.6 Time to File Briefs D
38.7 Amendment or Supplementation
38.8 Failure of Appellant to File Brief
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 D
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
42.4 Involuntary Dismissal in Criminal Cases D
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 D
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
49.10 Not Required for Review
49.1 Motion for Rehearing D
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 D
49.5 En Banc Reconsideration
49.6 Further Motion for En Banc Reconsideration D
49.7 Accelerated Appeals
49.8 Amendments
49.9 Extension of Time D
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
52.6 Deleted
52.7 Record
52.8 Action on Petition
52.9 Motion for Rehearing D

Part 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
53.6 Deleted
53.7 Time and Place of Filing D
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
55.6 Deleted
55.7 Time and Place of Filing; Extension of Time D
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 D
57.1 Application
57.2 Perfecting Direct Appeal
57.3 Jurisdiction of Supreme Court
57.4 Preliminary Ruling on Probable Jurisdiction; Dismissal of Appeal
57.5 Direct Appeal Exclusive While Pending D
57.6 Determination of Direct Appeal D
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 D
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 D
64.2 Contents
64.3 Response and Decision
64.4 Second Motion
64.5 Extensions of Time D
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 D
68.10 Amendment
68.2 Time to File Petition D
68.3 Where to File Petition
68.4 Contents of Petition
68.5 Deleted 68.6
68.7 Court of Appeals Clerk's Duties D
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 D
70.1 Initial Brief D
70.2 Respondent's Brief D
70.3 Brief Contents and Form
70.4 Other Briefs
71.1 Direct Appeal
71.4 Additional Briefs
72.2 Disposition

Part 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
73.5 Time Frame for Resolution of Claims Raised in Application D
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 D
74.8 Opinion on Certified Question
74.9 Motion for Rehearing D
75.1 Notification of Argument or Submission
75.2 Request for Argument D
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 D
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

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Texas Rules of Appellate Procedure

Part 3 · Original Proceedings in the Courts of Appeals

Rule 38.4. Deleted

Amended January 1, 2026 (current)

Rule 38.4 has been abrogated.

This rule is no longer in effect.

Source: Tex. R. App. P. 38.4 (pdf p. 71)

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