TX · rules
Tex. R. App. P. 10.1
Contents of Motions; Response
(a) Motion. Unless these rules prescribe another
form, a party must apply by motion for an
order or other relief. The motion must:
(1) contain or be accompanied by any matter
specifically required by a rule governing
such a motion;
(2) state with particularity the grounds on
which it is based;
(3) set forth the order or relief sought;
(4) be served and filed with any brief,
affidavit, or other paper filed in support
of the motion; and
(5) in civil cases, except for motions for
rehearing and en banc reconsideration,
contain or be accompanied by a
certificate stating that the filing party
conferred, or made a reasonable attempt
to confer, with all other parties about the
merits of the motion and whether those
parties oppose the motion.
(b) Response. A party may file a response to a
motion at any time before the court rules on
the motion or by any deadline set by the
court. The court may determine a motion
before a response is filed.
History
Notes and Comments Comment to 1997 change: This is former Rule 19. Under subdivision 10.1, a response may be filed at any time before the court rules on the motion. The provision of former subdivision (b) regarding docketing motions is incorporated in Rule 12.2. The provision of former subdivision (b) for noting attorneys’ names on the docket is incorporated in Rule 6.2. Former subdivision (c), requiring the clerk to send notices of the filing of motions is deleted as unnecessary because the parties must serve all motions under Rule 9.5. Subdivision 10.2 is amended to eliminate the requirement of an oath where the facts are within the personal knowledge of the attorney. Subdivision 10.5 is new and incorporates the provisions of other rules concerning motions, as follows: 10.5(a) from former Rule 71; 10.5(b) from former Rules 73, 130(d), and 160; and 10.5(c) from former Rule 70. Other changes are made. Comment to 2008 change: It happens so infrequently that a non- movant does not oppose a motion for rehearing or en banc reconsideration that such motions are excepted from the certificate- of- conference requirement in Subdivision 10.1(a)(5). Subdivision 10.2 is revised to clarify that facts supporting a motion need not be verified by the filer if supporting evidence is in the record, the facts are known to the court, or the filer has personal knowledge of them. Subdivision 10.5(b)(3)(D) is added.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
5e1f2c09e827ceddd7634fc003e55ea6be99f83dab1ba28b4d3704847f2ef3d2
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