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An appeal to the Texas Supreme Court is initiated by filing a ?petition for review,? in which a party has an extremely limited number of words in which to convince the Supreme Court to allow a more lengthy filing (which is called a ?brief on the merits?) and ultimately to grant review of a court of appeals decision of ...
When must a petition for review be filed? You must file your petition for review no later than forty-five days after the court of appeals issues its judgment.
In usual practice the Texas Supreme Court grants a petition and sets the cause for oral argument. Four justices must agree to grant the case. Of more than 1,000 petitions most years, the Court grants between 80 and 90 and sets them for argument. The Court hears all causes en banc ? as a whole and not in panels.
If the California Supreme Court denies the petition for review, the appeal decision becomes final immediately and then the Court of Appeal issues a remittitur. If the California Supreme Court agrees to review the case, then the case moves from the Court of Appeal to the Supreme Court and a new briefing process begins.
The Supreme Court of Texas has discretionary jurisdiction, which means the Court can choose which cases to grant or deny. When the Court denies a Petition for Review, there is no reason given for the denial and no opinion is written.