TX · rules

Tex. R. App. P. 46.5

Voluntary Remittitur

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

If a court of appeals reverses the trial court's

judgment because of a legal error that affects only part

of the damages awarded by the judgment, the affected

party may - within 15 days after the court of appeals'

judgment - voluntarily remit the amount th at the

affected party believes will cure the reversible error.

A party may include in a motion for rehearing -

without waiving any complaint that the court of

appeals erred - a conditional request that the court

accept the remittitur and affirm the trial court's

judgment as reduced. If the court of appeals

determines that the voluntary remittitur is not

sufficient to cure the reversible error, but that

remittitur is appropriate, the court must suggest a

remittitur in accordance with Rule 46.3. If the

remittitur is timely filed and the court of appeals

determines that the voluntary remittitur cures the

reversible error, then the court must accept the

remittitur and reform and affirm the trial court

judgment in accordance with the remittitur.

History

Notes and Comments Comment to 1997 change: This is former Rule 85. The rule is revised without substantive change. Comment to 2002 change: Subdivision 46.5 is amended to clarify the procedure for offering a voluntary remittitur. The offer may be made in a motion for rehearing without waiving any complaint that the court of appeals erred, thereby extending the deadlines for further appeal.

Provenance

Source: txcourts.gov
Retrieved: 2026-09-15
Edition: 2026-09-14
Content hash: b1c82f0fcada3d61b79c559bb1ffe5f24c9b29be73aef1b7bc38e3723dceed7c

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