TX · rules
Tex. R. App. P. 52.3
Form and Contents of Petition
The petition must, under appropriate headings and
in the order here indicated, contain the following:
(a) If Filed in the Supreme Court. If the petition
is filed in the Supreme Court, the petition
must contain an introduction summarizing
the reasons the Court should grant relief and
the legal arguments made in the body of the
petition. The introduction must not exceed
1,000 words if computer-generated, and 4
pages if not. The introduction word count
must be included within the overall word
count and page limit certification.
(b) Identity of Parties and Counsel. The petition
must give a complete list of all parties. The
petition must also give a complete list of the
names of all counsel appearing in the trial or
appellate courts; their firm or office name at
the time of the appearance; and, for counsel
currently appearing, their mailing address,
telephone number, and email address. If new
counsel appears or if any counsel currently
appearing changes firm or office affiliation
during the pendency of the appeal, lead
counsel for the party must notify the clerk by
filing a supplemental disclosure.
(c) Table of Contents. The petition must include
a table of contents with references to the
pages of the petition and be bookmarked to
assist in locating each item. The table of
contents must indicate the subject matter of
each issue or point, or group of issues or
points.
(d) Index of Authorities. The petition must
include an index of authorities arranged
alphabetically and indicating the pages of the
petition where the authorities are cited.
(e) Statement of the Case. The petition must
contain a statement of the case that should
seldom exceed one page and should not
discuss the facts. The statement must contain
the following:
(1) a concise description of the nature of
any underlying proceeding (e.g., a suit
for damages, a contempt proceeding for
failure to pay child support, or the
certification of a candidate for inclusion
on an election ballot);
(2) if the respondent is a judge, the name of
the judge, the designation of the court in
which the judge was sitting, and the
county in which the court is located; and
if the respondent is an official other than
a judge, the designation and location of
the office held by the respondent;
(3) a concise description of the respondent’s
action from which the relator seeks
relief;
(4) if the relator seeks a writ of habeas
corpus, a statement describing how and
where the relator is being deprived of
liberty;
(5) if the petition is filed in the Supreme
Court after a petition requesting the same
relief was filed in the court of appeals:
(A) the date the petition was filed in the
court of appeals;
(B) the district of the court of appeals
and the names of the justices who
participated in the decision;
(C) the author of any opinion for the
court of appeals and the author of
any separate opinion;
(D) the citation of the court’s opinion;
(E) the disposition of the case by the
court of appeals, and the date of the
court of appeals’ order.
(f) Statement of Jurisdiction. The petition must
state, without argument, the basis of the
court's jurisdiction. If the Supreme Court and
the court of appeals have concurrent
jurisdiction, the petition must be presented
first to the court of appeals unless there is a
compelling reason not to do so. If the petition
is filed in the Supreme Court without first
being presented to the court of appeals, the
petition must state the compelling reason
why the petition was not first presented to the
court of appeals.
(g) Issues Presented. The petition must state
concisely all issues or points presented for
relief. The statement of an issue or point will
be treated as covering every subsidiary
question that is fairly included. If the petition
is filed in the Supreme Court, the petition
must include appropriate citations to the
record demonstrating that the issue was
preserved for review.
(h) Statement of Facts. The petition must state
concisely and without argument the facts
pertinent to the issues or points presented.
Every statement of fact in the petition must
be supported by citation to competent
evidence included in the appendix or record.
(i) Argument. The petition must contain a clear
and concise argument for the contentions
made, with appropriate citations to
authorities and to the appendix or record.
(j) Prayer. The petition must contain a short
conclusion that clearly states the nature of the
relief sought.
(k) Certification. The person filing the petition
must certify that he or she has reviewed the
petition and concluded that every factual
statement in the petition is supported by
competent evidence included in the appendix
or record.
(l) Appendix.
(1) Necessary Contents. The appendix must
be bookmarked to assist in locating each
item and must contain a copy of the
relevant materials, in the following
order:
(A) any order or opinion of the court of
appeals, if the petition is filed in the
Supreme Court;
(B) a certified or sworn copy of the
relevant trial court order, or any
other document showing the matter
complained of;
(C) unless voluminous or impracticable,
the text of any rule, regulation,
ordinance, statute, constitutional
provision, or other law (excluding
case law) on which the argument is
based; and
(D) if a writ of habeas corpus is sought,
proof that the relator is being
restrained.
(2) Optional Contents. The appendix may
contain any other item pertinent to the
issues or points presented for review,
including copies or excerpts of relevant
court opinions, statutes, constitutional
provisions, documents on which the suit
was based, pleadings, and similar
material. Items should not be included
in the appendix to attempt to avoid the
page limits for the petition. The
appendix should not contain any
evidence or other item that is not
necessary for a decision.
History
Notes and Comments Comment to 1997 change: Former Rules 120, 121, and 122 are merged into this rule. The requirement of a motion for leave in original proceedings is repealed. The form of the petition and response, contents of the appendix and record, page limits, and relief that may be granted are specifically stated. Specific provision is now made for a motion for rehearing. A provision for sanctions is added. Comment to 2002 change: Subdivision 52.7(c) is added to specify how record materials in original proceedings are to be served. Ordinarily, a party must serve record materials and an index of those materials on all other parties. But when materials have already been served in related original proceedings, they need not be served again. Examples are when original proceedings raising the same issues are brought in both the court of appeals and the Supreme Court, or when separate original proceedings are filed arising out of the same underlying lawsuit. The purpose of this procedure is to ensure that all parties have record materials readily available without requiring unnecessary duplication. Comment to 2008 change: The reference to “unpublished” opinions in Subdivision 52.3(d)(5)(D) is deleted. The filer should provide the best cite available for the court of appeals’ opinion, which may be a LEXIS, Westlaw, or other citation to an electronic medium. Subdivision 52.3 is further amended to delete the requirement that all factual statements be verified by affidavit. Instead, the filer — in the usual case of a party with legal representation, the lead counsel — must include a statement certifying that all factual statements are supported by competent evidence in the appendix or record to which the petition has cited. The certification required by subdivision 52.3(j) does not count against the page limitations. Comment to 2026 change: Rule 52 is amended to align the requirements more closely with Rule 53.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
6a7297a37176cccf5fef2a0051326a9aef814d77132b6596283f2c6f2ab38926
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