TX · rules

Tex. R. App. P. 42.4

Involuntary Dismissal in Criminal Cases

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

The appellate court must dismiss an appeal on the

State’s motion, supported by affidavit, showing that

the appellant has escaped from custody pending the

appeal and that to the affiant's knowledge, the

appellant has not, within ten days after escaping,

voluntarily returned to lawful custody within the state.

(a) Timely Return to Custody; Reinstatement.

The appeal may not be dismissed — or, if

dismissed, must be reinstated — if an

affidavit of an officer or other credible person

is filed showing that the appellant, within ten

days after escaping, voluntarily returned to

lawful custody within the state.

(b) Life Sentence. The appellate court may

overrule the motion to dismiss — or, if the

motion was granted, may reinstate the appeal

— if:

(1) the appellant received a life sentence;

and

(2) the appellant is recaptured or

voluntarily surrenders within 30 days

after escaping.

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: f2d119c03a75e2206a0820cff6522a9f3591367afc2400d0783bffbb4656d024

View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs