Tex. R. App. P. 39.8

As amended through August 27, 2024

Rule 39.8 - Clerk's Notice

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;

(b) the date of argument or submission without argument;

(c) if argument is allowed:

(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

(d) the names of the members of the panel to which the case will be argued or submitted, subject to change by the court.

A party's failure to receive the notice does not prevent a case's argument or submission on the scheduled date. Once issued, the court may amend the notice at any time before the case is set for argument or submission. The 21-day requirement does not apply to amended notices.

Tex. R. App. P. 39.8

Amended February 6, 2024, effective 9/1/2024; amended June 28, 2024, effective 9/1/2024.

Notes and Comments

Comment to 1997 change: This is former Rule 75. Technical and nonsubstantive changes are made.

Comment to 2008 change: Subdivision 39.1 is amended to provide for oral argument unless the court determines it is unnecessary and to set out the reasons why argument may be unnecessary. The appellate court must evaluate these reasons in view of the traditional importance of oral argument. The court need not agree on, and generally should not announce, a specific reason or reasons for declining oral argument.

Comment to 2024 change: Rule 39.8 is amended to clarify requirements for notices and to clarify the court's ability to amend notices.