stillratemy.blogg.se

Further changes were made to other rules-10.4(a)(2), 19.1 notes and comments, 41.2(c), 47.5, and 53.7-generally to harmonize the rules’ language regarding motions for en banc reconsideration. Rule 41.2(c) provides en banc consideration “should not be ordered unless necessary to secure or maintain uniformity of the court’s decisions or unless extraordinary circumstances require en banc consideration.” TRAP 41.2(c). The revised Rule 49.5 states the motion for en banc reconsideration “should address the standard for en banc consideration in Rule 41.2(c).” Amended TRAP 49.5. The rule amendments also address other matters. This revised provision parallels the time for filing a motion for rehearing, which “may be filed within 15 days after the court of appeals’ judgment or order is rendered.” TRAP 49.1.

On the timing question, the revised rule states the motion for en banc reconsideration “must be filed within 15 days after the court of appeals’ judgment or order is rendered.” Amended TRAP 49.5. The amendments to Rule 49 rearranged the Rule to define better which provisions apply to motions for rehearing and which provisions apply to motions for en banc reconsideration. On May 25, 2021, the Texas Supreme Court and the Texas Court of Criminal Appeals approved rule changes that clarified Rule 49. It was uncertain what the term “when permitted” meant. The problem arose because the rule specified that motions for en banc reconsideration “must be filed within 15 days after the court of appeals’ judgment or order, or when permitted, within 15 days after the court of appeals’ denial of the party’s last timely filed motion for rehearing or en banc reconsideration.” TRAP 49.7 (emphasis added). Notably, the Dallas Court of Appeals convened en banc and generated three separate opinions regarding the deadline to file a motion for en banc reconsideration under Rule 49.7.

For some time, litigants and courts have labored to understand the rule’s provisions governing the timing for filing a motion for en banc reconsideration. Texas Rule of Appellate Procedure (TRAP) 49 governs the filing of motions for rehearing and motions for en banc reconsideration in the courts of appeals.