Tex. R. App. P. 52

Original Proceedings

sha256 aff8bf6c07f9e580d19b48610843ed99… · 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 52. Original Proceedings
52.1. Commencement
An original appellate proceeding seeking
extraordinary relief — such as a writ of habeas corpus,
mandamus, prohibition, injunction, or quo warranto —
is commenced by filing a petition with the clerk of the
appropriate appellate court. The petition must be
captioned “In re [name of relator].”
52.2. Designation of Parties
The party seeking the relief is the relator. In
original proceedings other than habeas corpus, the
person against whom relief is sought — whether a
judge, court, tribunal, officer, or other person — is the
respondent. A person whose interest would be directly
affected by the relief sought is a real party in interest
and a party to the case.
71
52.3. Form and Contents of Petition
The petition must, under appropriate headings and
in the order here indicated, contain the following:
(a) If Filed in the Supreme Court. If the petition
is filed in the Supreme Court, the petition
must contain an introduction summarizing
the reasons the Court should grant relief and
the legal arguments made in the body of the
petition. The introduction must not exceed
1,000 words if computer-generated, and 4
pages if not. The introduction word count
must be included within the overall word
count and page limit certification.
(b) Identity of Parties and Counsel. The petition
must give a complete list of all parties. The
petition must also give a complete list of the
names of all counsel appearing in the trial or
appellate courts; their firm or office name at
the time of the appearance; and, for counsel
currently appearing, their mailing address,
telephone number, and email address. If new
counsel appears or if any counsel currently
appearing changes firm or office affiliation
during the pendency of the appeal, lead
counsel for the party must notify the clerk by
filing a supplemental disclosure.
(c) Table of Contents. The petition must include
a table of contents with references to the
pages of the petition and be bookmarked to
assist in locating each item. The table of
contents must indicate the subject matter of
each issue or point, or group of issues or
points.
(d) Index of Authorities. The petition must
include an index of authorities arranged
alphabetically and indicating the pages of the
petition where the authorities are cited.
(e) Statement of the Case. The petition must
contain a statement of the case that should
seldom exceed one page and should not
discuss the facts. The statement must contain
the following:
(1) a concise description of the nature of
any underlying proceeding (e.g., a suit
for damages, a contempt proceeding for
failure to pay child support, or the
certification of a candidate for inclusion
on an election ballot);
(2) if the respondent is a judge, the name of
the judge, the designation of the court in
which the judge was sitting, and the
county in which the court is located; and
if the respondent is an official other than
a judge, the designation and location of
the office held by the respondent;
(3) a concise description of the respondent’s
action from which the relator seeks
relief;
(4) if the relator seeks a writ of habeas
corpus, a statement describing how and
where the relator is being deprived of
liberty;
(5) if the petition is filed in the Supreme
Court after a petition requesting the same
relief was filed in the court of appeals:
(A) the date the petition was filed in the
court of appeals;
(B) the district of the court of appeals
and the names of the justices who
participated in the decision;
(C) the author of any opinion for the
court of appeals and the author of
any separate opinion;
(D) the citation of the court’s opinion;
(E) the disposition of the case by the
court of appeals, and the date of the
court of appeals’ order.
(f) Statement of Jurisdiction. The petition must
state, without argument, the basis of the
court's jurisdiction. If the Supreme Court and
the court of appeals have concurrent
jurisdiction, the petition must be presented
first to the court of appeals unless there is a
compelling reason not to do so. If the petition
is filed in the Supreme Court without first
being presented to the court of appeals, the
petition must state the compelling reason
why the petition was not first presented to the
court of appeals.
(g) Issues Presented. The petition must state
concisely all issues or points presented for
relief. The statement of an issue or point will
be treated as covering every subsidiary
question that is fairly included. If the petition
72
is filed in the Supreme Court, the petition
must include appropriate citations to the
record demonstrating that the issue was
preserved for review.
(h) Statement of Facts. The petition must state
concisely and without argument the facts
pertinent to the issues or points presented.
Every statement of fact in the petition must
be supported by citation to competent
evidence included in the appendix or record.
(i) Argument. The petition must contain a clear
and concise argument for the contentions
made, with appropriate citations to
authorities and to the appendix or record.
(j) Prayer. The petition must contain a short
conclusion that clearly states the nature of the
relief sought.
(k) Certification. The person filing the petition
must certify that he or she has reviewed the
petition and concluded that every factual
statement in the petition is supported by
competent evidence included in the appendix
or record.
(l) Appendix.
(1) Necessary Contents. The appendix must
be bookmarked to assist in locating each
item and must contain a copy of the
relevant materials, in the following
order:
(A) any order or opinion of the court of
appeals, if the petition is filed in the
Supreme Court;
(B) a certified or sworn copy of the
relevant trial court order, or any
other document showing the matter
complained of;
(C) unless voluminous or impracticable,
the text of any rule, regulation,
ordinance, statute, constitutional
provision, or other law (excluding
case law) on which the argument is
based; and
(D) if a writ of habeas corpus is sought,
proof that the relator is being
restrained.
(2) Optional Contents. The appendix may
contain any other item pertinent to the
issues or points presented for review,
including copies or excerpts of relevant
court opinions, statutes, constitutional
provisions, documents on which the suit
was based, pleadings, and similar
material. Items should not be included
in the appendix to attempt to avoid the
page limits for the petition. The
appendix should not contain any
evidence or other item that is not
necessary for a decision.
52.4. Response
A response to the petition need not be filed unless
ordered by the court. The court must not grant relief
— other than temporary relief — before a response has
been filed or ordered by the court. The response must
conform to the requirements of 52.3, except that:
(a) if the response is filed in the Supreme Court,
the introduction should summarize the
reasons the Court should deny relief;
(b) the list of parties and counsel is not required
unless necessary to supplement or correct the
list contained in the petition;
(c) the response need not include a statement of
the case, a statement of the issues presented,
or a statement of the facts unless the
responding party is dissatisfied with that
portion of the petition;
(d) a statement of jurisdiction should be omitted
unless the petition fails to assert valid
grounds for jurisdiction, in which case the
reasons why the court lacks jurisdiction must
be concisely stated;
(e) the argument must be confined to the issues
or points presented in the petition; and
(f) the appendix to the response need not contain
any item already contained in an appendix
filed by the relator.
52.5. Relator’s Reply to Response
The relator may file a reply addressing any matter
in the response. However, the court may consider and
decide the case before a reply brief is filed.
52.6. Deleted
73
52.7. Record
(a) Filing by Relator Required. Relator must file
with the petition:
(1) a certified or sworn copy of every
document that is material to the relator's
claim for relief and that was filed in any
underlying proceeding; and
(2) a properly authenticated transcript of
any relevant testimony from any
underlying proceeding, including any
exhibits offered in evidence, or a
statement that no testimony was adduced
in connection with the matter
complained.
(b) Supplementation Permitted. After the record
is filed, relator or any other party to the
proceeding may file additional materials for
inclusion in the record.
(c) Service of Record on All Parties. Relator and
any party who files materials for inclusion in
the record must – at the same time – serve on
each party:
(1) those materials not previously served on
that party as part of the record in another
original appellate proceeding in the same
or another court; and
(2) an index listing the materials filed
and describing them in sufficient detail
to identify them.
52.8. Action on Petition
(a) Relief Denied. If the court determines from
the petition and any response and reply that
the relator is not entitled to the relief sought,
the court must deny the petition. If the
relator in a habeas corpus proceeding has
been released on bond, the court must remand
the relator to custody and issue an order of
commitment. If the relator is not returned to
custody, the court may declare the bond to be
forfeited and render judgment against the
surety.
(b) Interim Action. If the court is of the tentative
opinion that relator is entitled to the relief
sought or that a serious question concerning
the relief requires further consideration:
(1) the court must order a response if one has
not been filed;
(2) the Supreme Court may order full
briefing under Rule 55;
(3) in a habeas corpus proceeding, the court
may order that relator be discharged on
execution and filing of a bond in an
amount set by the court; and
(4) the court may set the case for oral
argument.
(c) Relief Granted. If the court determines that
relator is entitled to relief, it must make an
appropriate order. The court may grant relief
without hearing oral argument.
(d) Opinion. When denying relief, the court may
hand down an opinion but is not required to
do so. When granting relief, the court must
hand down an opinion as in any other case.
Rule 47 is applicable to an order or opinion
by a court of appeals except that the court of
appeals may not order an unpublished
opinion published after the Supreme Court or
Court of Criminal Appeals has acted on any
party’s petition for extraordinary relief
addressing the same issues.
52.9. Motion for Rehearing
Any party may file a motion for rehearing within
15 days after the final order is rendered. The motion
must clearly state the points relied on for the rehearing.
No response to a motion for rehearing need be filed
unless the court so orders. The court will not grant a
motion for rehearing unless a response has been filed
or ordered.
52.10. Temporary Relief
(a) Motion for Temporary Relief; Certificate
of Compliance. The relator may file a motion
to stay any underlying proceedings or for any
other temporary relief pending the court’s
action on the petition. The relator must notify
or make a diligent effort to notify all parties
by expedited means (such as by telephone or
fax) that a motion for temporary relief has
been or will be filed and must certify to the
court that the relator has complied with this
paragraph before temporary relief will be
granted.
74
(b) Grant of Temporary Relief. The court — on
motion of any party or on its own initiative
— may without notice grant any just relief
pending the court’s action on the petition. As
a condition of granting temporary relief, the
court may require a bond to protect the parties
who will be affected by the relief. Unless
vacated or modified, an order granting
temporary relief is effective until the case is
finally decided.
(c) Motion to Reconsider. Any party may move
the court at any time to reconsider a grant of
temporary relief.
52.11. Groundless Petition or Misleading
Statement or Record
On motion of any party or on its own initiative,
the court may — after notice and a reasonable
opportunity to respond — impose just sanctions on a
party or attorney who is not acting in good faith as
indicated by any of the following:
(a) filing a petition that is clearly groundless;
(b) bringing the petition solely for delay of
an underlying proceeding;
(c) grossly misstating or omitting an
obviously important and material fact in the
petition or response; or
(d) filing an appendix or record that is
clearly misleading because of the omission of
obviously important and material evidence or
documents.
Notes and Comments
Comment to 1997 change: Former Rules 120,
121, and 122 are merged into this rule. The
requirement of a motion for leave in original
proceedings is repealed. The form of the petition and
response, contents of the appendix and record, page
limits, and relief that may be granted are specifically
stated. Specific provision is now made for a motion
for rehearing. A provision for sanctions is added.
Comment to 2002 change: Subdivision 52.7(c) is
added to specify how record materials in original
proceedings are to be served. Ordinarily, a party must
serve record materials and an index of those materials
on all other parties. But when materials have already
been served in related original proceedings, they need
not be served again. Examples are when original
proceedings raising the same issues are brought in
both the court of appeals and the Supreme Court, or
when separate original proceedings are filed arising
out of the same underlying lawsuit. The purpose of this
procedure is to ensure that all parties have record
materials readily available without requiring
unnecessary duplication.
Comment to 2008 change: The reference to
“unpublished” opinions in Subdivision 52.3(d)(5)(D)
is deleted. The filer should provide the best cite
available for the court of appeals’ opinion, which may
be a LEXIS, Westlaw, or other citation to an electronic
medium. Subdivision 52.3 is further amended to
delete the requirement that all factual statements be
verified by affidavit. Instead, the filer — in the usual
case of a party with legal representation, the lead
counsel — must include a statement certifying that all
factual statements are supported by competent
evidence in the appendix or record to which the
petition has cited. The certification required by
subdivision 52.3(j) does not count against the page
limitations.
Comment to 2026 change: Rule 52 is amended to
align the requirements more closely with Rule 53.
SECTION FOUR: PROCEEDINGS IN THE
SUPREME COURT

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.