TX · rules
Tex. R. App. P. 53.3
Response to Petition for Review
A response to the petition for review need not be
filed unless ordered by the Court. A petition will not
be granted before a response has been filed or ordered
by the Court. The response must conform to the
requirements of 53.2, except that:
(a) the introduction should identify the most
persuasive grounds for the Court to deny
review, which will vary by case, but will
often focus on the substantive legal reasons
that the respondent should prevail;
(b) the list of parties and counsel is not required
unless necessary to supplement or correct the
list contained in the petition;
(c) a statement of the case and a statement of the
facts need not be made unless the respondent
is dissatisfied with that portion of the
petition;
(d) a statement of the issues presented need not
be made unless:
(1) the respondent is dissatisfied with the
statement made in the petition;
(2) the respondent is asserting
independent grounds for affirmance of
the court of appeals’ judgment; or
(3) the respondent is asserting grounds
that establish the respondent's right to a
judgment that is less favorable to the
respondent than the judgment rendered
by the court of appeals but more
favorable to the respondent than the
judgment that might be awarded to the
petitioner (e.g., a remand for a new trial
rather than a rendition of judgment in
favor of the petitioner);
(e) a statement of jurisdiction should be omitted
unless the petition fails to assert valid
grounds for jurisdiction, in which case the
reasons why the Supreme Court lacks
jurisdiction must be concisely stated;
(f) the respondent’s argument must be confined
to the issues or points presented in the
petition or asserted by the respondent in the
respondent's statement of issues; and
(g) the appendix to the response need not contain
any item already contained in an appendix
filed by the petitioner.
History
Notes and Comments Comment to 1997 change: Former Rules 130 and 131 are merged. The 50- page application for writ of error is replaced by a 15 -page petition for review, which is filed in the Supreme Court and should concentrate on the reasons the Court should exercise jurisdiction to hear the case. The contents of the petition and response, the length of the documents, the time for filing are all specifically stated. Comment to 2008 change: Subdivision 53.7(a) is amended to clarify that the Supreme Court may shorten the time for filing a petition for review and that the timely filing of a motion for en banc reconsideration tolls the commencement of the 45-day period for filing a petition for review until the motion is overruled. Subdivision 53.2(d)(8) is amended to delete the reference to unpublished opinions in civil cases. Subdivision 53.2(d)(9) is amended to require a party that prematurely files a petition for review to notify the Supreme Court of any panel rehearing or en banc reconsideration motions still pending in the court of appeals. Subdivision 53.7(b) is revised to reference this new requirement and to relocate to new Rule 49.11 those provisions governing motions for rehearing. Comment to 2026 change: Rule 53 is amended to eliminate the Court’s practice of requesting merits briefs before granting a petition for review. Subdivision 53.2 is reorganized to place a greater emphasis on a petition for review’s introduction. Subdivision 53.2 is amended to require the petition for review to address more robustly the merits of the appeal and error preservation and to eliminate the practice of “unbriefed” issues. Other clarifying changes are made.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
a0beff0c656b8474051a5bb6fc5ff0211425995b720fb7252a824a8f5e838b8c
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