TX · rules
Tex. R. App. P. 49.7
Accelerated Appeals
In an accelerated appeal, the appellate court may
deny the right to file a motion for rehearing or en banc
reconsideration or shorten the time to file such a
motion.
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
e88a1f0172619c71486b34d47ade08afbcd16eac4c6acdbdb1947e25c113c359
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