TX · rules
Tex. R. App. P. 73.7
New Evidence After Application Forwarded to Court of Criminal Appeals
If an Article 11.07 or 11.071 application has been
forwarded to this Court, and a party wishes this Court
to consider evidence not filed in the trial court, then
the party must comply with the following procedures
or the evidence will not be considered.
(a) If the Court of Criminal Appeals has received
an Article 11.07 or 11.071 application from the district
clerk of the county of conviction and has filed and set
the application for submission, a party has two
options:
(1) The party may file the evidence directly in the
Court of Criminal Appeals with a motion for the Court
of Criminal Appeals to consider the evidence. In this
motion, the party should describe the evidence,
explain its evidentiary value, and state why
compelling and extraordinary circumstances exist for
the Court of Criminal Appeals to consider the
evidence directly. The moving party must
immediately serve copies of the motion and the
evidence the party seeks to file on the other party or
parties in the case. If the Court of Criminal Appeals
grants this motion, the Court will consider the
evidence in its review of the application. The Court of
Criminal Appeals will grant such a motion only if the
Court concludes the circumstances are truly
exceptional.
(2) The party may file in the Court of Criminal
Appeals a motion to supplement the record in the trial
court. In this motion, the party should describe the
evidence the party intends to file, explain its
evidentiary value, and state why the evidence could
not have been filed in the trial court before the Court
of Criminal Appeals filed and set the application for
submission. The moving party must immediately
serve copies of the motion and the evidence the party
seeks to file on the other party or parties in the case. If
the Court of Criminal Appeals grants the motion, the
party may file the evidence with the district clerk of
the county of conviction, and should attach a copy of
the motion to supplement and the Court of Criminal
Appeals’ order granting said motion. The district clerk
shall immediately send a copy of the filed materials to
the trial judge assigned to the habeas case and to the
other party or parties in the case, and otherwise comply
with the procedures set out in Rule 73.4(b) of these
rules.
(b) If the Court of Criminal Appeals has received
an Article 11.07 or 11.071 application from the district
clerk of the county of conviction, but the Court has not
yet filed and set the application for submission, the
party must file in the Court of Crimin al Appeals a
motion to stay the proceedings pending the filing of
the evidence in the trial court. In this motion, the party
should describe the evidence the party intends to file
and explain its evidentiary value. The moving party
must immediately serve copies of the motion and the
evidence the party seeks to file on the other party or
parties in the case. If the Court of Criminal Appeals
grants the motion, the Court will specify a designated
time frame for the party to file the evidence with the
district clerk of the county of conviction. The party
should attach a copy of the motion to stay proceedings
and the Court of Criminal Appeals’ order granting said
motion to the evidentiary filing. The district clerk of
the county of conviction shall immediately send a
copy of the filed materials to the trial judge assigned
to the habeas case and to the other party or parties in
the case, and otherwise comply with the procedures set
out in Rule 73.4(b) of these rules.
History
Notes and Comments Comment to 1997 change: This is former Rule 4 of the Appendix for Criminal Cases. The rule is amended without substantive change. Comment to 2000 change: Rules 73.1 and 73.2 are added, and a form is added in an appendix. Comment to 2017 change: Rule 73.7 is added. This rule only applies after an Article 11.07 or 11.071 application has been forwarded to the Court of Criminal Appeals. If an Article 11.07 or 11.071 application is pending in the trial court and has not been forwarded to the Court of Criminal Appeals, a party may file additional evidentiary materials with the district clerk of the county of conviction without filing any special motion in the Court of Criminal Appeals or the trial court. But the district cler k of the county of conviction still must immediately send a copy of the filed materials to the trial judge assigned to the habeas case and to the other party or parties in the case, and otherwise comply with the procedures set out in Rule 73.4(b) of these rules. Comment to 2018 change: Rules 73.1 and 73.4 are amended in conjunction with amendments to the form for applications filed under Article 11.07 of the Code of Criminal Procedure (Appendix E to these rules) and the Clerk’s Summary Sheet (Appendix F to these rules). The amendments clarify terminology and procedures for filing Article 11.07 writ applications and update the Article 11.07 writ application form to incorporate current technologies and filing procedures. The application form will be made available on the internet through the Court of Criminal Appeals’ website. In addition, the amendments bring the application and filing procedures into conformity with Civil Practice and Remedies Code chapter 132, which permits both inmates and non- inmates to file unsworn declarations in lieu of notarized oaths. Further, the rules amendments and changes to the clerk’s summary sheet clarify the information that district clerks must provide to the Court of Criminal Appeals and add a new requirement that clerks certify that they have complied with all the requirements of Rule 73.4, including the requirement to serve on all parties in the case all objections, motions, affidavits, exhibits, proposed findings of fact and conclusions of law, findings of fact and conclusions of law, and any other orders entered or pleadings filed in the habeas case. The phrase “all parties in the case” as used in Rule 73.4 includes: the attorney representing the State; the applicant (including pro se and inmate applicants); and, if the applicant is represented by counsel, applicant’s attorney. Notes and Comments Comment to 2019 change: Rule 73.8 is added to clarify that the Rules of Evidence apply in hearings held in Article 11.07 and 11.071 habeas corpus cases. This rule does not limit the ability of an applicant to attach supporting documents to an application for a writ of habeas corpus.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
dd093a232f88a4726cf095252659532ccf862255d28ff01da67395a39b3044e2
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