Motion for Rehearing

Texas Rules of Appellate Procedure

Rule: 64

Jurisdiction: TX

Bluebook Citation: Tex. R. App. P. 64

64.1. Time for Filing A motion for rehearing may be filed with the Supreme Court clerk within 15 days from the date when the Court renders judgment or makes an order disposing of a petition for review. 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. 64.2. Contents The motion must specify the points relied on for the rehearing. 64.3. Response and Decision No response to a motion for rehearing need be filed unless the Court so orders. A motion will not be granted unless a response has been filed or ordered by the Court. But in exceptional cases, if justice so requires, the Court may deny the right to file a response and act on a motion any time after it is filed. 64.4. Second Motion Notes and Comments Comment to 1997 change: This is former Rule 182(b). The rule is changed from allowing a sanction when an appeal “filed for delay and without sufficient cause” to allowing a sanction when the appeal is The Court will not consider a second motion for rehearing unless the Court modifies its judgment, vacates its judgment and renders a new judgment, or issues a different opinion. 64.5. Extensions of Time 86 The Court may extend the time to file a motion for rehearing in the Supreme Court, if a motion complying with Rule 10.5(b) is filed with the Court no later than 15 days after the last date for filing a motion for rehearing. 64.6. Deleted Notes and Comments Comment to 1997 change: This is former Rule 190. The service and notice provisions of former subdivisions (b) and (c) are deleted. See Rule 9.5. Other changes are made. Comment to 2008 change: Subdivision 64.4 is amended to reflect the Court's practice of considering a second motion for rehearing after modifying its judgment or opinion in response to a prior motion for rehearing. When the Court modifies its opinion without modifying its judgment, the Court will ordinarily deny a second motion for rehearing unless the new opinion is substantially different from the original opinion.

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