|1997 Rules of Appellate Procedure|
|Rule 21||Rule 22||Rule 23||Rule 24||Rule 25||Rule 26||Rule 27||Rule 28||Rule 29||Rule 30|
|Rule 31||Rule 32||Rule 33||Rule 34||Rule 35||Rule 36||Rule 37||Rule 38||Rule 39||Rule 40|
|Rule 41||Rule 42||Rule 43||Rule 44||Rule 45||Rule 46||Rule 47||Rule 48||Rule 49||Rule 50|
RULE 40. ORDER OF DECISION
40.1 Civil Cases. The court of appeals may determine the order in which civil cases will be decided. But the following types of cases have precedence over all others:
(a) a case given precedence by law;
(b) an accelerated appeal; and
(c) a case that the court determines should be given precedence in the interest of justice.
40.2 Criminal Cases. In cases not otherwise given precedence by law, the court of appeals must hear and determine a criminal appeal at the earliest possible time, having due regard for the parties' rights and for the proper administration of justice.
See Code of Criminal Procedure article 44.01(f).
Notes and Comments
Comment on 1997 change: The provisions of former Rules 76, 77 and 78 are merged. Civil cases involving the Railroad Commission, the State, and cases submitted on oral argument for all parties are no longer given preference unless given preference by law.
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Last modified: March 25, 2010