TX · rules
Tex. R. App. P. 53.4
Points Not Considered in Court of Appeals
To obtain a remand to the court of appeals for
consideration of issues or points briefed in that court
but not decided by that court, or to request that the
Supreme Court consider such issues or points, a party
may raise those issues or points in the petit ion, the
response, the reply, any brief, or a motion for
rehearing.
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 Subdivision 53.2(d)(8) is amended to delete the reference to unpublished opinions in civil cases.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
666109bbc5fdac27f0c3bed130acd34410dfafce36d3d8d5ccf20b4817b58dda
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