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TX · rules

Tex. R. App. P. 39.8

Clerk’s Notice

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

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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Tex. R. App. P. 39.8 — Clerk’s Notice · binding.law