TX · rules
Tex. R. App. P. 49.5
En Banc Reconsideration
A party may file a motion for en banc
reconsideration as a separate motion, with or without
filing a motion for rehearing. The motion must be filed
within the time prescribed by Rule 49.1 for filing a
motion for rehearing. The motion should address the
standard for en banc consideration in Rule 41.2(c). No
response to a motion for en banc reconsideration need
be filed unless the court so requests. While the court
has plenary power, a majority of the en banc court
may, on its own initiative, order en banc
reconsideration of a decision. If a majority orders
reconsideration, the judgment or order does not
become final, and the case will be resubmitted to the
court for en banc review and disposition. 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
f525a396fc82c94762b21eebc37e495987dc34af1bc62f3457694379faabc471
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