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TX · rules

Tex. R. App. P. 39.2

Purpose of Argument

activein force · 2026-02-06 – presentact-effective-date

Oral argument should emphasize and clarify the

written arguments in the briefs. Counsel should not

merely read from prepared text. Counsel should

assume that all members of the court have read the

briefs before oral argument and counsel should be

prepared to respond to questions. A party should not

refer to or comment on matters not involved in or

pertaining to what is in the record.

History

Notes and Comments Comment to 1997 change: This is former Rule 75. Technical and nonsubstantive changes are made. Comment to 2008 change: Subdivision 39.1 is amended to provide for oral argument unless the court determines it is unnecessary and to set out the reasons why argument may be unnecessary. The appellate court must evaluate these reasons in view of the traditional importance of oral argument. The court need not agree on, and generally should not announce, a specific reason or reasons for declining oral argument. Comment to 2024 change: Rule 39.8 is amended to clarify requirements for notices and to clarify the court’s ability to amend notices.

Provenance

Source
txcourts.gov
Retrieved
2026-09-15
Edition
2026-09-14
Content hash
f23f42cd874a56debd574c2a5c75f05d4cb6230e783dc826791c651664c6470f
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Tex. R. App. P. 39.2 — Purpose of Argument · binding.law