TX · rules
Tex. R. App. P. 39.8
Clerk’s Notice
The clerk must send to the parties —at least 21
days before the date the case is set for argument or
submission without argument —a notice telling the
parties:
(a) whether the court will allow oral argument or
will submit the case without argument;
(b) the date of argument or submission without
argument;
(c) if argument is allowed:
(1) the time allotted for argument; and
(2) the location of the argument or
instructions for joining the argument
electronically, the court’s designated
contact information, and instructions for
submitting exhibits; and
(d) the names of the members of the panel to
which the case will be argued or submitted,
subject to change by the court.
A party’s failure to receive the notice does not
prevent a case’s argument or submission on the
scheduled date. Once issued, the court may amend the
notice at any time before the case is set for argument
or submission. The 21-day requirement does not apply
to amended notices.
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
6f704e1dc9e217674db735e09899108768bcee430a2d799e6a9d26d0c51c65dc
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