|1997 Rules of Appellate Procedure|
|Rule 53||Rule 54||Rule 55||Rule 56||Rule 57||Rule 58||Rule 59||Rule 60|
|Rule 61||Rule 62||Rule 63||Rule 64||Rule 65|
RULE 53. PETITION FOR REVIEW
53.1 Method of Review. The Supreme Court may review a court of appeals' final judgment on a petition for review addressed to "The Supreme Court of Texas." A party who seeks to alter the court of appeals' judgment must file a petition for review. The petition for review procedure replaces the writ of error procedure. Statutes pertaining to the writ of error in the Supreme Court apply equally to the petition for review.
53.2 Contents of Petition. The petition for review must, under appropriate headings and in the order here indicated, contain the following items:
(a) Identity of parties and counsel. The petition must give a complete list of all parties to the trial court's final judgment, and the names and addresses of all trial and appellate counsel.
(b) Table of contents. The petition must have a table of contents with references to the pages of the petition. The table of contents must indicate the subject matter of each issue or point, or group of issues or points.
(c) Index of authorities. The petition must have an index of authorities arranged alphabetically and indicating the pages of the petition where the authorities are cited.
(d) Statement of the case. The petition must contain a statement of the case that should seldom exceed one page and should not discuss the facts. The statement must contain the following:
(1) a concise description of the nature of the case (e.g., whether it is a suit for damages, on a note, or in trespass to try title);
(2) the name of the judge who signed the order or judgment appealed from;
(3) the designation of the trial court and the county in which it is located;
(4) the disposition of the case by the trial court;
(5) the parties in the court of appeals;
(6) the district of the court of appeals;
(7) the names of the justices who participated in the decision in the court of appeals, the author of the opinion for the court, and the author of any separate opinion;
(8) the citation for the court of appeals' opinion, if available, or a statement that the opinion was unpublished; and
(9) the disposition of the case by the court of appeals.
(e) Statement of jurisdiction. The petition must state, without argument, the basis of the Court's jurisdiction.
(f) Issues presented. The petition must state concisely all issues or points presented for review. The statement of an issue or point will be treated as covering every subsidiary question that is fairly included. If the matter complained of originated in the trial court, it should have been preserved for appellate review in the trial court and assigned as error in the court of appeals.
(g) Statement of facts. The petition must affirm that the court of appeals correctly stated the nature of the case, except in any particulars pointed out. The petition must state concisely and without argument the facts and procedural background pertinent to the issues or points presented. The statement must be supported by record references.
(h) Summary of the argument. The petition must contain a succinct, clear, and accurate statement of the arguments made in the body of the petition. This summary must not merely repeat the issues or points presented for review.
(i) Argument. The petition must contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record. The argument need not address every issue or point included in the statement of issues or points. Any issue or point not addressed may be addressed in the brief on the merits if one is requested by the Court. The argument should state the reasons why the Supreme Court should exercise jurisdiction to hear the case with specific reference to the factors listed in Rule 56.1(a). The petition need not quote at length from a matter included in the appendix; a reference to the appendix is sufficient. The Court will consider the court of appeals' opinion along with the petition, so statements in that opinion need not be repeated.
(j) Prayer. The petition must contain a short conclusion that clearly states the nature of the relief sought.
(1) Necessary contents. Unless voluminous or impracticable, the appendix must contain a copy of:
(A) the judgment or other appealable order of the trial court from which relief in the court of appeals was sought;
(B) the jury charge and verdict, if any, or the trial court's findings of fact and conclusions of law, if any;
(C) the opinion and judgment of the court of appeals; and
(D) the text of any rule, regulation, ordinance, statute, constitutional provision, or other law on which the argument is based (excluding case law), and the text of any contract or other document that is central to the argument.
(2) Optional contents. The appendix may contain any other item pertinent to the issues or points presented for review, including copies or excerpts of relevant court opinions, statutes, constitutional provisions, documents on which the suit was based, pleadings, and similar material. Items should not be included in the appendix to attempt to avoid the page limits for the petition.
53.3 Response to Petition for Review. Any other party to the appeal may file a response to the petition for review, but it is not mandatory. If no response is timely filed, or if a party files a waiver of response, the Court will consider the petition without a response. A petition will not be granted before a response has been filed or requested by the Court. The response must conform to the requirements of 53.2, except that:
(a) the list of parties and counsel is not required unless necessary to supplement or correct the list contained in the petition;
(b) a statement of the case and a statement of the facts need not be made unless the respondent is dissatisfied with that portion of the petition;
(c) a statement of the issues presented need not be made unless:
(1) the respondent is dissatisfied with the statement made in the petition;
(2) the respondent is asserting independent grounds for affirmance of the court of appeals' judgment; or
(3) the respondent is asserting grounds that establish the respondent's right to a judgment that is less favorable to the respondent than the judgment rendered by the court of appeals but more favorable to the respondent than the judgment that might be awarded to the petitioner (e.g., a remand for a new trial rather than a rendition of judgment in favor of the petitioner);
(d) a statement of jurisdiction should be omitted unless the petition fails to assert valid grounds for jurisdiction, in which case the reasons why the Supreme Court lacks jurisdiction must be concisely stated;
(e) the respondent's argument must be confined to the issues or points presented in the petition or asserted by the respondent in the respondent's statement of issues; and
(f) the appendix to the response need not contain any item already contained in an appendix filed by the petitioner.
53.4 Points Not Considered in Court of Appeals. To obtain a remand to the court of appeals for consideration of issues or points briefed in that court but not decided by that court, or to request that the Supreme Court consider such issues or points, a party may raise those issues or points in the petition, the response, the reply, any brief, or a motion for rehearing.
53.5 Petitioner's Reply to Response. The petitioner may file a reply addressing any matter in the response. However, the Court may consider and decide the case before a reply brief is filed.
53.6 Length of Petition, Response, and Reply. The petition and any response must be no longer than 15 pages each, exclusive of pages containing the identity of parties and counsel, the table of contents, the index of authorities, the statement of the case, the statement of jurisdiction, the issues presented, the signature, the proof of service, and the appendix. A reply may be no longer than 8 pages, exclusive of the items stated above. The Court may, on motion, permit a longer petition, response, or reply.
53.7 Time and Place of Filing.
(a) Petition. The petition must be filed with the Supreme Court clerk within 45 days after the following:
(1) the date the court of appeals rendered judgment, if no motion for rehearing is timely filed; or
(2) the date of the court of appeals' last ruling on all timely filed motions for rehearing.
(b) Premature filing. A party may not file a motion for rehearing in the court of appeals after that party has filed a petition for review in the Supreme Court unless the court of appeals modifies its opinion or judgment after the petition for review is filed. The filing of a petition for review does not preclude another party from filing a motion for rehearing or the court of appeals from ruling on the motion. If a motion for rehearing is timely filed after a petition for review is filed, the petitioner must immediately notify the Supreme Court clerk of the filing of the motion, and must notify the clerk when the last timely filed motion is overruled by the court of appeals. A petition filed before the last ruling on all timely filed motions for rehearing is treated as having been filed on the date of, but after, the last ruling on any such motion.
(c) Petitions filed by other parties. If a party files a petition for review within the time specified in 53.7(a) -- or within the time specified by the Supreme Court in an order granting an extension of time to file a petition -- any other party required to file a petition may do so within 45 days after the last timely motion for rehearing is overruled or within 30 days after any preceding petition is filed, whichever date is later.
(d) Response. Any response must be filed with the Supreme Court clerk within 30 days after the petition is filed.
(e) Reply. Any reply must be filed with the Supreme Court clerk within 15 days after the response is filed.
(f) Extension of time. The Supreme Court may extend the time to file a petition for review if a party files a motion complying with Rule 10.5(b) no later than 15 days after the last day for filing the petition. The Supreme Court may extend the time to file a response or reply if a party files a motion complying with Rule 10.5(b) either before or after the response or reply is due.
(g) 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 Supreme Court clerk, and the court of appeals clerk must immediately send the petition to the Supreme Court clerk.
53.8 Amendment. On motion showing good cause, the Court may allow the petition, response, or reply to be amended on such reasonable terms as the Court may prescribe.
53.9 Court May Require Revision. If a petition, response, or reply does not conform with these rules, the Supreme Court may require the document to be revised or may return the document to the party who filed it and consider the case without allowing the document to be revised.
Notes and Comments
Comment to 1997 change: Former Rules 130 and 131 are merged. The 50-page application for writ of error is replaced by a 15-page petition for review, which is filed in the Supreme Court and should concentrate on the reasons the Court should exercise jurisdiction to hear the case. The contents of the petition and response, the length of the documents, the time for filing are all specifically stated.
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Last modified: March 25, 2010