Order of Decision

39.8. Clerk’s Notice 40.1. Civil Cases The clerk must send to the parties—at least 21 days before the date the case is set for argument or submission without argument—a notice telling the parties: (a) whether the court will allow oral argument or will submit the case without argument; The court of appeals may determine the order in which civil cases will be decided. But the following types of cases have precedence over all others: (a) a case given precedence by law; (b) an accelerated appeal; and (b) the date of argument or submission without argument; (c) a case that the court determines should be given precedence in the interest of justice. (c) if argument is allowed: 40.2. Criminal Cases (1) the time allotted for argument; and (2) the location of the argument or instructions for joining the argument electronically, the court’s designated contact information, and instructions for submitting exhibits; and In cases not otherwise given precedence by law, the court of appeals must hear and determine a criminal appeal at the earliest possible time, having due regard for the parties' rights and for the proper administration of justice. Reference (d) the names of the members of the panel to which the case will be argued or submitted, subject to change by the court. See Code of Criminal Procedure article 44.01(f). Notes and Comments A party’s failure to receive the notice does not prevent a case’s argument or submission on the Comment on 1997 change: The provisions of former Rules 76, 77 and 78 are merged. Civil cases 60 involving the Railroad Commission, the State, and “cases submitted on oral argument for all parties” are no longer given preference unless given preference by law. consider the case. The reconstituted court may order the case reargued. 41.2. Decision by En Banc Court