Copy of Opinion and Judgment to

Interested Parties and Other Courts 48.1. Recipients of Opinion and Judgment in All Cases On the date when an appellate court's opinion is handed down, the appellate clerk must send or deliver copies of the opinion and judgment to the following persons: (a) the trial judge; (b) the trial court clerk; (c) the regional administrative judge; and (d) all parties to the appeal. 48.2. Additional Recipients in Criminal Cases In criminal cases, copies of the opinion and judgment will also be mailed or delivered to the State Prosecuting Attorney. 48.3. Filing Opinion and Judgment The trial court clerk must file a copy of the opinion and judgment among the papers of the case in that court. 48.4. Opinion Sent to Criminal Defendant In criminal cases, the attorney representing the defendant on appeal shall, within five days after the opinion is handed down, send his client a copy of the opinion and judgment, along with notification of the defendant's right to file a pro se petition for discretionary review under Rule 68. This notification shall be sent certified mail, return receipt requested, to the defendant at his last known address. The attorney shall also send the court of appeals a letter certifying his compliance with this rule and attaching a copy of the return receipt within the time for filing a motion (a) Criminal Cases. Opinions and memorandum opinions not designated for publication by the court of appeals under these or prior rules have no precedential value but may be cited with the notation, “(not designated for publication).” (b) Civil Cases. Opinions and memorandum opinions designated “do not publish” under these rules by the courts of appeals prior to January 1, 2003 have no precedential value but may be cited with the notation, “(not designated for publication).” If an opinion or memorandum opinion issued on or after that date is erroneously designated “do not publish,” the erroneous designation will not affect the precedential value of the decision. Notes and Comments Comment to 1997 change: This is former Rule 90. Subdivision 47.1 makes clear that a memorandum opinion should not be any longer than necessary. Subdivision 47.5 is amended to make clear that only justices who participated in the decision may file an opinion in the case. Judges who are not on a panel may file an opinion only in respect to a hearing or rehearing en banc. Former Rule 90(h), regarding publication of opinions after the Supreme Court grants review, is repealed. to rule Comment to 2002 change: The is substantively changed to discontinue the use of the “do not publish” designation in civil cases, to require that all opinions of the court of appeals be made available to public remove reporting services, and prospectively any prohibition against the citation of opinions as authority in civil cases. The rule favors the use of “memorandum opinions” designated as such except in certain types of cases but does not change other requirements, such as those in Pool v. Ford Motor Co., 715 S.W.2d 629, 635-636 (Tex. 1986). An opinion previously designated “do not publish” has no precedential value but may be cited. The citation must include for publication).” Of course, whenever an opinion not readily available is cited, copies should be furnished to the court and opposing counsel. designated notation, “(not the Comment to 2008 change: Effective January 1, 2003, Rule 47 was amended to prospectively discontinue designating opinions in civil cases as either “published” or “unpublished.” Subdivision 47.7 is revised to clarify that, with respect to civil cases, only opinions issued prior to the 2003 amendment and 67 for rehearing. The court of appeals shall file this letter in its record of the appeal. Notes and Comments Comment to 1997 change: This is former Rule 91 with changes.