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TX · rules

Tex. R. App. P. 56.1

Orders on Petition for Review

activein force · 2026-02-06 – presentact-effective-date

(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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Tex. R. App. P. 56.1 — Orders on Petition for Review · binding.law