Rule 79.

1997 Rules of Appellate Procedure

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RULE 79. REHEARINGS

79.1 Motion for Rehearing. A motion for rehearing may be filed with the Court of Criminal Appeals clerk within 15 days from the date of the judgment or order. In exceptional cases, if justice requires, the Court may shorten the time within which the motion may be filed or even deny the right to file it altogether.

79.2 Contents.

(a) The motion must briefly and distinctly state the grounds and arguments relied on for rehearing.

(b) A motion for rehearing an order that grants discretionary review may not be filed.

(c) A motion for rehearing an order that refuses or dismisses a petition for discretionary review may be grounded only on substantial intervening circumstances which are specified in the motion. Counsel must certify that the motion is so grounded and that the motion is made in good faith and not for delay.

(d) A motion for rehearing an order that denies habeas corpus relief under Code of Criminal Procedure, articles 11.07 or 11.071, may not be filed. The Court may on its own initiative reconsider the case.

79.3 Amendments. A motion for rehearing may be amended anytime before the period allowed for filing the motion expires, and with leave of the Court, anytime before the Court decides the motion.

79.4 Decision. If the Court grants rehearing, the case will be set for submission. Oral argument may, but normally will not, be permitted.

79.5 Further Motion for Rehearing. The Court will not consider a second motion for rehearing after rehearing is denied. If rehearing is granted and the Court delivers an opinion on rehearing, a party may file a further motion for rehearing.

79.6 Extension of Time. The Court may extend the time for filing a motion or a further motion for rehearing if a party files a motion complying with Rule 10.5(b) within the time for filing a motion or further motion for rehearing.

79.7 Service. The requirements of Rule 68.11 apply.

Notes and Comments
Comment to 1997 change: This is former Rule 230, and the portion of former Rule 213 that prohibited motions for rehearing. The Court may now permit oral argument after granting rehearing, although it is disfavored. A further motion for rehearing may now be filed by any party, rather than only the losing party. Other nonsubstantive changes are made.

Last modified: November 08, 2001