Part 5 · Extraordinary Writs and Mandamus

Rule 74.6. Briefs and Oral Argument

Amended January 1, 2026 (current) Contains Deadlines

(a) Briefs. The appealing party in the certifying court must file a brief with the clerk of the Court of Criminal Appeals within 30 days after the date of the notice. Opposing parties must file an answering brief within 15 days of receiving the opening brief. Briefs must comply with Rule 38 to the extent that its provisions apply.

(b) Oral Argument. Oral argument may be granted either on a party’s request or on the Court’s own initiative. Argument is governed by Rule 39. 74.7. Intervention by the State If the constitutionality of a Texas statute is the subject of a certified question that the Court of Criminal Appeals has agreed to answer, the State of Texas may intervene at any reasonable time for briefing and oral argument (if argument is allowed) on the question of constitutionality.