TX · rules
Tex. R. App. P. 10.3
Determining Motions
(a) Time for Determination. A court should not
hear or determine a motion until 10 days after
the motion was filed, unless:
(1) the motion is to extend time to file a
brief, a petition for review, or a
petition for discretionary review;
(2) the motion states that the parties have
conferred and that no party opposes the
motion; or
(3) the motion is an emergency.
(b) Reconsideration. If a motion is determined
prematurely, any party adversely affected
may request the court to reconsider its order.
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
beecfb4bc5b5d6956a31be89f50077956a1f9bc84662ae003fb592cd9902f185
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