TX · rules
Tex. R. App. P. 53.7
Time and Place of Filing
(a) Petition. Unless the Supreme Court orders an
earlier filing deadline, the petition must be
filed with the Supreme Court clerk within 45
days after the following:
(1) the date the court of appeals
rendered judgment, if no motion for
rehearing or en banc reconsideration is
timely filed; or
(2) the date of the court of appeals’ last
ruling on all timely filed motions for
rehearing or en banc reconsideration.
(b) Premature Filing. A petition filed before the
last ruling on all timely filed motions for
rehearing and en banc reconsideration is
treated as having been filed on the date of, but
after, the last ruling on any such motion. If a
party files a petition for review while a
motion for rehearing or en banc
reconsideration is pending in the court of
appeals, the party must include that
information in its petition for review.
(c) Petitions Filed by Other Parties. If a party
files a petition for review within the time
specified in 53.7(a) — or within the time
specified by the Supreme Court in an order
granting an extension of time to file a petition
— any other party required to file a petition
may do so within 45 days after the last timely
motion for rehearing or en banc
reconsideration is overruled or within 30
days after any preceding petition is filed,
whichever date is later.
(d) Response. Any response must be filed with
the Supreme Court clerk within 30 days after
the response is ordered.
(e) Reply. Any reply must be filed with the
Supreme Court clerk within 15 days after the
response is filed.
(f) Extension of Time. The Supreme Court may
extend the time to file a petition for review if
a party files a motion complying with Rule
10.5(b) no later than 15 days after the last day
for filing the petition. The Supreme Court
may extend the time to file a response or
reply if a party files a motion complying with
Rule 10.5(b) either before or after the
response or reply is due.
(g) Petition Filed in Court of Appeals. If a
petition is mistakenly filed in the court of
appeals, the petition is deemed to have been
filed the same day with the Supreme Court
clerk, and the court of appeals clerk must
immediately send the petition to the Supreme
Court clerk.
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
9f67b74ae727ecd050947d8fabf626dd15ed8189ea9cd6bf2cc1cc99b2d281c6
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