TX · rules
Tex. R. App. P. 56.1
Orders on Petition for Review
(a) Considerations in Granting Review.
Whether to grant review is a matter of
judicial discretion. Among the factors the
Supreme Court considers in deciding whether
to grant a petition for review are the
following:
(1) whether the justices of the court of
appeals disagree on an important point of
law;
(2) whether there is a conflict between the
courts of appeals on an important point
of law;
(3) whether a case involves the construction
or validity of a statute;
(4) whether a case involves constitutional
issues;
(5) whether the court of appeals appears to
have committed an error of law of such
importance to the state’s jurisprudence
that it should be corrected; and
(6) whether the court of appeals has decided
an important question of state law that
should be, but has not been, resolved by
the Supreme Court.
(b) Petition Denied or Dismissed. The Court may
deny or dismiss the petition — whether or not
a response has been filed — with one of the
following notations:
(1) “Denied.” If the Supreme Court is not
satisfied that the opinion of the court of
appeals has correctly declared the law in
all respects, but determines that the
petition presents no error that requires
reversal or that is of such importance to
the jurisprudence of the state as to
require correction, the Court will deny
the petition with the notation “Denied.”
(2) “Dismissed w.o.j.” If the Supreme Court
lacks jurisdiction, the Court will dismiss
the petition with the notation “Dismissed
for Want of Jurisdiction.”
(c) Petition Refused. If the Supreme Court
determines — after a response has been filed
or ordered — that the court of appeals ’
judgment is correct and that the legal
principles announced in the opinion are
likewise correct, the Court will refuse the
petition with the notation “Refused.” The
court of appeals’ opinion in the case has the
same precedential value as an opinion of the
Supreme Court.
(d) Improvident Grant. If the Court has granted
review but later decides that review should
not have been granted, the Court may,
without opinion, set aside the order granting
review and dismiss the petition or deny or
refuse review as though review had never
been granted.
History
Notes and Comments Comment to 1997 change: The rule is from former Rule 133. Subdivision 56.3 regarding settled cases is added. Comment to 2002 change: Subdivision 56.3 is clarified to provide for partial settlements.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
27671a44f31310a8a34ab416e2d7a8228ab9ba593d9afb191805057046cdcd97
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