TX · rules
Tex. R. App. P. 21.9
Granting a New Trial
(a) A court must grant a new trial when it has
found a meritorious ground for new trial, but
a court must grant only a new trial on
punishment when it has found a ground that
affected only the assessment of punishment.
(b) Granting a new trial restores the case to its
position before the former trial, including, at
any party's option, arraignment or pretrial
proceedings initiated by that party.
(c) Granting a new trial on punishment restores
the case to its position after the defendant was
found guilty. Unless the defendant, State, and
trial court all agree to a change, punishment
in a new trial shall be assessed in accordance
with the defendant's or iginal election under
article 37.07, § 2(b) of the Code of Criminal
Procedure.
(d) A finding or verdict of guilt in the former trial
must not be regarded as a presumption of
guilt, nor may it be alluded to in the presence
of the jury that hears the case on retrial of
guilt. A finding of fact or an assessment of
punishment in the former trial may not be
alluded to in the presence of the jury that
hears the case on retrial of punishment.
History
Notes and Comments Comment to 1997 change: Former Rules 30, 31, and 32 are merged. Paragraph (b)(6) of former Rule 30 is deleted because the rule- making authority of the Court of Criminal Appeals was withdrawn. See Code of Criminal Procedure article 40.001. Other nonsubstantive changes are made.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
d4ce77ee8f3f060c0ad0060fd8f6637ac49ac64fba345183f8bdb543a7740b78
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