TX · rules

Tex. R. App. P. 68.4

Contents of Petition

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

A petition for discretionary review must be as

brief as possible. It must be addressed to the “Court of

Criminal Appeals of Texas” and must state the name

of the party or parties applying for review. The petition

must contain the following items:

(a) Identity of Judge, Parties, and Counsel. The

petition must list the trial court judge, all

parties to the judgment or order appealed

from, and the names and addresses of all trial

and appellate counsel.

(b) Table of Contents. The petition must include

a table of contents with references to the

pages of the petition. The table of contents

must indicate the subject matter of each

ground or question presented for review.

include an index of authorities arranged

alphabetically and indicating the pages of the

petition where the authorities are cited.

(d) Statement Regarding Oral Argument. The

petition must include a short statement of

why oral argument would be helpful, or a

statement that oral argument is waived. If a

reply or cross-petition is filed, it likewise

must include a statement of why oral

argument should or should not be heard.

(e) Statement of the Case. The petition must state

briefly the nature of the case. This statement

should seldom exceed half a page. The details

of the case should be reserved and stated with

the pertinent grounds or questions.

(f) Statement of Procedural History. The

petition must state:

(1) the date any opinion of the court of

appeals was handed down, or the date of

any order of the court of appeals

disposing of the case without an opinion;

(2) the date any motion for rehearing was

filed (or a statement that none was filed);

and

(3) the date the motion for rehearing was

overruled or otherwise disposed of.

(g) Grounds for Review. The petition must state

briefly, without argument, the grounds on

which the petition is based. The grounds must

be separately numbered. If the petitioner has

access to the record, the petitioner must (after

each ground) refer to the page of the record

where the matter complained of is found.

Instead of listing grounds for review, the

petition may contain the questions presented

for review, expressed in the terms and

circumstances of the case but without

unnecessary detail. The statement of

questions should be short and concise, not

argumentative or repetitious.

(h) Argument. The petition must contain a direct

and concise argument, with supporting

authorities, amplifying the reasons for

granting review. See Rule 66.3. The court of

appeals' opinions will be considered with the

petition, and statements in those opinions

need not be repeated if counsel accepts them

as correct.

(i) Prayer for Relief. The petition must state

clearly the nature of the relief sought.

(j) Appendix. The petition must contain a copy

of any opinion of the court of 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: a55cc0d660ddbea33f4b44b6953dcbc500b0086882b24f1dd036b06f180c919e

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