Reverse and Render : Texas Appellate Lawyer & Attorney : Cowles & Thompson Law Firm : Court of Appeals, Texas Supreme Court

Will the Dallas Court of Appeals grant oral argument to both sides of an appeal when only one party has requested it?  For the answer to that question, check out the Court's Internal Operating Procedures.  The answer might surprise you.  The Dallas Court of Appeals has posted its IOP's as of September 1, 2008 on its home page.  The IOP's contain helpful procedural information, such as number of copies of motions to file and a listing of fees.  But, the IOP's also contain some not-so-obvious information such as assignment of cases to panels, when voting occurs on an appeal, what happens with petitions for mandamus that are filed, and instructions to request oral argument if the opposing side has requested it and the Court has granted it.

A cover letter accompanying the IOP's promises to update the posting for the benefit of practitioners.

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To all you appellate gurus out there, here's an appellate procedure question: When does the court of appeals' mandate issue when the Texas Supreme Court has denied a petition for review and subsequently denied a motion for rehearing of the petition for review?

TRAP 18 controls issuance of the appellate mandate.  The timetable is based upon the steps a party is entitled to take after the court of appeals renders its judgment.  But there are no other steps to take after the Texas Supreme Court denies a motion for rehearing of a petition for review.  Or are there?  Should the mandate issue ten days after the denial of the motion for rehearing of the petition for review (because that's the amount of time added to the expiration of the other steps)?  Should its issuance be tied to the timetable for filing of a petition for writ of certiorari in the United States Supreme Court?  What do you think?

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