TX · rules
Tex. R. App. P. 49.3
Decision on Motion for Rehearing
A motion for rehearing may be granted by a
majority of the justices who participated in the
decision of the case. Unless two justices who
participated in the decision of the case agree on the
disposition of the motion for rehearing, the chief
justice of the court of appeals must assign a justice to
replace any justice who participated in the panel
decision but cannot participate in deciding the motion
for rehearing. If rehearing is granted, the court may
dispose of the case with or without rebriefing and oral
argument.
History
Notes and Comments Comment to 1997 change: This is former Rule 100. Subdivision 49.4 is moved here from former Rule 43(h). Subdivisions 49.9 and 49.10 are added. Comment to 2008 change: Rule 49 is revised to treat a motion for en banc reconsideration as having the effect of a motion for rehearing and to include procedures governing the filing of a motion for en banc reconsideration. Subdivision 49.5(c) is amended to clarify that a further motion for rehearing may be filed if the court issues a different opinion, irrespective of whether the opinion is issued in connection with the overruling of a prior motion for rehearing. Issuance of a new opinion that is not substantially different should not occasion a further motion for rehearing, but a motion's lack of merit does not affect appellate deadlines. The provisions of former Rule 53.7(b) that address motions for r ehearing are moved to new subdivision 49.11 without change, leaving the provisions of Rule 53.7(b) that address petitions for review undisturbed. Subdivision 49.12 mirrors Rule 10.1(a)(5) in excepting motions for rehearing and motions for en banc reconsideration from the certificate-of-conference requirement. Comment to 2021 change: Rule 49 is revised to clarify when a motion for en banc reconsideration may be filed. A motion for en banc reconsideration must be filed by the deadline for filing an initial motion for rehearing under subdivision 49.1. Some subdivi sions have been rearranged. Amended subdivision 49.5 adds a cross-reference to the standard for en banc consideration in Rule 41.2(c). Rule 50. Abolished by Order of July 12, 2011, eff. September 1, 2011 Notes and Comments Comment to 2011 change: Rule 50 is abolished. Motions for rehearing serve the same purpose.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
184e61d0ad030c0e09371a57447f802620dd5f7ef5d7194c68364c15bc92e322
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