TX · rules
Tex. R. App. P. 68.3
Where to File Petition
(a) The petition and all copies of the petition
must be filed with the clerk of the Court of
Criminal Appeals.
(b) 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 clerk of the Court
of Criminal Appeals, and the court of appeals
clerk must immediately send the petition to
the clerk of the Court of Criminal Appeals.
History
Notes and Comments Comment to 2011 change: The amendment to Rule 68.2(a) resolves timely filing questions concerning motions for en banc reconsideration by including those motions in calculating time to file. Notes and Comments Comment to 2011 change: Rule 68.3 is changed to require petitions for discretionary review to be filed in the Court of Criminal Appeals rather than in the court of appeals. With the deletion of Rule 50, there is no reason to file petitions in the court of appeals. Rule 68.3(b) is added to address and prevent the untimely filing of petitions for discretionary review that are incorrectly filed in the court of appeals rather than in the Court of Criminal Appeals. Notes and Comments Comment to 2011 change: Rule 68.7(a) and (b) are deleted and (c) is amended to reflect changes consistent with filing the petition and reply in the Court of Criminal Appeals rather than in the court of appeals, and to order the record to be sent to the Court of Criminal Appeals. Additionally, Rule 68.7(c) is amended to delete reference to Rule 50, which is abolished. Notes and Comments Comment to 2011 change: Rule 68.8 is amended to reflect changes consistent with filing the petition in the Court of Criminal Appeals. Notes and Comments Comment to 2011 change. This Rule is added so that any reply will be filed in the Court of Criminal Appeals since the petition is also filed in the Court of Criminal Appeals. Notes and Comments Comment to 2011 change: This Rule is changed to reflect the filing of the petition and any reply in the Court of Criminal Appeals. Thus, the rule is also changed to require a motion and to delete a time frame because the petition will be filed in the Court of Criminal Appeals.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
74fe145eb9176916d9f438ea8bbb18f48b5c0de779159e6850cbeffae6b9a4f5
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