Tex. R. App. P. 44

Reversible Error

sha256 95fb46d634ababa7fe1cebf6b1cd550e… · retrieved 7/15/2026, 8:29:29 PM · Supreme Court of Texas official rules PDF — txcourts.gov, verbatim · awaiting human verification flip (text is verbatim; the flip is the review gate)

Rule 44. Reversible Error
44.1. Reversible Error in Civil Cases
(a) Standard for Reversible Error. No judgment
may be reversed on appeal on the ground that
the trial court made an error of law unless the
court of appeals concludes that the error
complained of:
(1) probably caused the rendition of an
improper judgment; or
(2) probably prevented the appellant from
properly presenting the case to the court
of appeals.
(b) Error Affecting Only Part of Case. If the error
affects part of, but not all, the matter in
controversy and that part is separable without
unfairness to the parties, the judgment must
be reversed and a new trial ordered only as to
the part affected by the error. The court may
not order a separate trial solely on
unliquidated damages if liability is contested.
44.2. Reversible Error in Criminal Cases
(a) Constitutional Error. If the appellate record
in a criminal case reveals constitutional error
that is subject to harmless error review, the
court of appeals must reverse a judgment of
conviction or punishment unless the court
determines beyond a reasonable doubt that
the error did not contribute to the conviction
or punishment.
(b) Other Errors. Any other error, defect,
irregularity, or variance that does not affect
substantial rights must be disregarded.
(c) Presumptions. Unless the following matters
were disputed in the trial court, or unless the
record affirmatively shows the contrary, the
court of appeals must presume:
(1) that venue was proved in the trial court;
(2) that the jury was properly impaneled
and sworn;
(3) that the defendant was arraigned;
(4) that the defendant pleaded to the
indictment or other charging instrument;
and
(5) that the court's charge was certified by
the trial court and filed by the clerk
before it was read to the jury.
44.3. Defects in Procedure
A court of appeals must not affirm or reverse a
judgment or dismiss an appeal for formal defects or
irregularities in appellate procedure without allowing
a reasonable time to correct or amend the defects or
irregularities.
44.4. Remediable Error of the Trial Court
65
(a) Generally. A court of appeals must not affirm
or reverse a judgment or dismiss an appeal if:
(1) the trial court's erroneous action or
failure or refusal to act prevents the
proper presentation of a case to the court
of appeals; and
(2) the trial court can correct its action or
failure to act.
(b) Court of Appeals Direction if Error
Remediable. If the circumstances described
in (a) exist, the court of appeals must direct
the trial court to correct the error. The court
of appeals will then proceed as if the
erroneous action or failure to act had not
occurred.
Notes and Comments
Comment to 1997 change: Former Rules 80(d), 81
and 83 are merged. The reversible error standard in
subdivision 44.1 is amended to omit the reference to
an action “reasonably calculated to cause” an improper
judgment, but no substantive change is intended.
Paragraph 44.2(a) is amended to limit its standard of
review to constitutional errors that are subject to
harmless error review. Paragraph 44.2(b) is new and
is taken from Federal Rule of Criminal Procedure
52(a) without substantive change. Paragraph 44.2(c)
is former Rule 80(d) without substantive change.
Subdivision 44.3 is amended to delete the reference to
defects of “substance” and to delete the provisions
regarding the late filing of the record.

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.