Texas Courts Ease Rehearing Standards

By J. Edward Moreno (December 10, 2020, 5:44 PM EST) -- Texas' Supreme Court and Court of Criminal Appeals have finalized an amendment to their appellate procedure making it easier for litigants to be granted an appellate rehearing.

The change to Rule 49.3 of the Texas Rule of Appellate Procedure goes into effect Jan. 1. Starting then, an appellate rehearing motion could be granted through two justices who participated in the decision of the case and another assigned by the chief justice.

The rule currently requires a majority of the three-judge panel who participated in the decision of the case to grant a motion for a rehearing. If one of those three...

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