TX · rules
Tex. R. App. P. 52.8
Action on Petition
(a) Relief Denied. If the court determines from
the petition and any response and reply that
the relator is not entitled to the relief sought,
the court must deny the petition. If the
relator in a habeas corpus proceeding has
been released on bond, the court must remand
the relator to custody and issue an order of
commitment. If the relator is not returned to
custody, the court may declare the bond to be
forfeited and render judgment against the
surety.
(b) Interim Action. If the court is of the tentative
opinion that relator is entitled to the relief
sought or that a serious question concerning
the relief requires further consideration:
(1) the court must order a response if one has
not been filed;
(2) the Supreme Court may order full
briefing under Rule 55;
(3) in a habeas corpus proceeding, the court
may order that relator be discharged on
execution and filing of a bond in an
amount set by the court; and
(4) the court may set the case for oral
argument.
(c) Relief Granted. If the court determines that
relator is entitled to relief, it must make an
appropriate order. The court may grant relief
without hearing oral argument.
(d) Opinion. When denying relief, the court may
hand down an opinion but is not required to
do so. When granting relief, the court must
hand down an opinion as in any other case.
Rule 47 is applicable to an order or opinion
by a court of appeals except that the cour t of
appeals may not order an unpublished
opinion published after the Supreme Court or
Court of Criminal Appeals has acted on any
party’s petition for extraordinary relief
addressing the same issues.
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 The requirement of a motion for leave in original proceedings is repealed.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
ef34f2ad7b5920946c26970b6bd01deb0a669e4366f86aeee267e319cc280c6b
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