Notification; Oral Argument

(a) Briefs. The appealing party in the certifying court must file a brief with the clerk of the Court of Criminal Appeals within 30 days after the date of the notice. Opposing parties must file an answering brief within 15 days of receiving the opening brief. Briefs must comply with Rule 38 to the extent that its provisions apply. (b) Oral Argument. Oral argument may be granted either on a party's request or on the Court's own initiative. Argument is governed by Rule 39. 74.7. Intervention by the State If the constitutionality of a Texas statute is the subject of a certified question that the Court of Criminal Appeals has agreed to answer, the State of Texas may intervene at any reasonable time for briefing and oral argument (if argument is allowed) on the question of constitutionality. 74.8. Opinion on Certified Question 75.1. Notification of Argument or Submission Oral argument will be permitted only in cases designated by the Court of Criminal Appeals. If the Court permits argument in a case, the clerk will notify the parties of the date set for argument. If a case will be submitted without argument, the clerk will notify the parties of the date of submission. The clerk must use all reasonable diligence to notify counsel of settings, but counsel's failure to receive notice will not necessarily prevent argument or submission of the case on the day it is set. 75.2. Request for Argument If a case is not designated for oral argument but counsel desires oral argument, counsel may — within 30 days of the date of the clerk's notice — petition the Court to allow oral argument. This petition must contain specific reasons why oral argument is desired. 75.3. Oral Argument Unless extended in a special case, the total maximum time for oral argument is 20 minutes per side. Counsel for the appellant or petitioner is entitled to open and conclude the argument. Counsel should 96 not read at length from the briefs, records, or authorities. Counsel may orally correct a brief, but multiple additional citations should not be given orally; instead, these citations should be filed in writing with the clerk. 77.3. Unpublished Opinions Unpublished opinions have no precedential value and must not be cited as authority by counsel or by a court. Notes and Comments 77.4. Copies Comment to 1997 change: This is former Rule 220. The rule is amended without substantive change. On the date when an opinion is handed down or an order rendered, the clerk of the Court of Criminal Appeals must mail copies of the opinion or order to: