Did you know . . . ?

by JoAnn Storey

The rule governing motions for rehearing is different for the courts of appeals and for the Texas Supreme Court:

TRAP Rule 49.2
No response to a motion for rehearing need be filed unless the court so requests. A motion will not be granted unless a response has been filed or requested by the court.

TRAP Rule 64.3
No response to a motion for rehearing need be filed unless the Court so requests. A motion will not be granted unless a response has been filed or requested by the Court. But in exceptional cases, if justice so requires, the Court may deny the right to file a response and act on a motion any time after it is filed.

In Bostic, et al. v. Georgia-Pacific Corp., No. 10-0775, the Texas Supreme Court denied the PFR; the Court thereafter granted plaintiff’s motion for rehearing without first requesting a response.

Bottom line: remember the difference between the rules when advising your client whether to voluntarily file a response to a motion for rehearing in the supreme court.