TX · rules
Tex. R. App. P. 42.2
Voluntary Dismissal in Criminal Cases
(a) At any time before the appellate court's
decision, the appellate court may dismiss the
appeal upon the appellant's motion. The
appellant and his or her attorney must sign the
written motion to dismiss and file it in
duplicate with the appellate clerk, who must
immediately send the duplicate copy to the
trial court clerk.
(b) After the court of appeals hands down its
opinion, it may not grant an appellant's
motion to dismiss the appeal unless the other
parties consent. If the other parties consent
and the court of appeals grants the appellant's
motion to dismiss the appeal, the appellate
opinion must be withdrawn and the appeal
dismissed. The appellate clerk must send
notice of the dismissal to the trial court clerk.
History
Notes and Comments Comment to 1997 change: Former Rules 59 and 60 are merged. Paragraph 42.1(c), allowing a court of appeals to withdraw its opinion, is new. Provision is made in paragraph 42.3(c) for dismissal of an appeal for failure to comply with a notice from the clerk. Other changes are made. Comment to 2002 change: Rule 42.1 is amended to clarify the procedures for implementing settlements on appeal and to expressly give courts flexibility in effectuating settlements. The rule is also clarified to expressly permit the dismissal of an appeal without dismissal of the action itself. The rule does not permit an appellate court to order a new tr ial merely on the agreement of the parties absent reversible error, or to vacate a trial court's judgment absent reversible error or a settlement.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
491a6bdebe8ea11ca359cf76ef06f236f04019c616dfa514dd8953c49f4a7e7d
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