Rule 27a — Transfers To and From the Fifteenth Court of Appeals

(a) Definitions.
(1) “Regional court of appeals” means a
court of appeals other than the Fifteenth
Court of Appeals.
(2) “Transferor court” means the court of
appeals in which the appeal is pending.
(3) “Transferee court” means the court of
appeals to which a party requests or the
transferor court seeks to transfer the
appeal
(b) Application.
(1) The transfer process in this rule applies
to appeals:
(A) taken to the Fifteenth Court of
Appeals that are not within the
Fifteenth
Court
of
Appeals’
exclusive intermediate appellate
jurisdiction; or
(B) taken to a regional court of appeals
and over which the Fifteenth Court
of
Appeals
has
exclusive
intermediate appellate jurisdiction.
(2) This rule does not apply to appeals
transferred by the Supreme Court for
good cause, including for docket
equalization purposes.
(c) Transfer by a Court of Appeals.
(1) Standard. The transferor court must
transfer the appeal if:
(A) the deadline for filing an objection
has passed;
(B) either:
(i) the transferor court is a regional
court
of
appeals
and
it
determines that the appeal is
within the Fifteenth Court of
Appeals’
exclusive
intermediate jurisdiction; or
(ii) the transferor court is the
Fifteenth Court of Appeals and
it determines the appeal is not
within
its
exclusive
intermediate
appellate
jurisdiction; and
(C) the transferee agrees to the transfer.
(2) Transfer Initiation. A transfer may be
initiated by a party’s motion or by the
transferor court.
(3) Motion or Notice and Opportunity to
Respond.
(A) A party may file a motion to transfer
an appeal. The motion should be
filed within 30 days after the appeal
is perfected but must be filed by the
date the appellee’s brief is filed. The
motion must be filed in the
transferor court and explain why the
Fifteenth Court of Appeals does or
does
not
have
exclusive
intermediate appellate jurisdiction.
The motion may be supported by
briefing.
The
movant
must
immediately notify the transferee
court of the motion.
(B) If the transferor court initiates a
transfer, the transferor court must
notify the parties and the transferee
court.
(C) A party may file a response to the
potential transfer. The response
must be filed within 10 days after
the motion’s filing or after receiving
the transferor court’s notice. The
response must explain why the
Fifteenth Court of Appeals does or
does
not
have
exclusive
intermediate appellate jurisdiction.
(4) Preliminary Decision. After the deadline
for filing a response has passed, the
transferor court must notify the parties
and
the
transferee
court
of
its
preliminary decision.
(5) Transferee Court Disagreement. If the
transferee court disagrees with the
transferor court’s preliminary decision,
the transferee court must, within 20 days
after receiving notice from the transferor
court of its preliminary decision, file a
letter in the transferor court explaining
its disagreement. The transferee court
may file a letter agreeing with the
preliminary decision.
(6) Transfer Notice. If the transferor court
and transferee court agree on whether the
appeal should be transferred, the
transferor court must finalize its decision
and notify the parties. If the transferor
court transfers an appeal under (1), the
transferor court must notify the Supreme
Court
and
the
Office
of
Court
Administration of the transfer.
(d) Transfer by the Supreme Court.
(1) Submission Contents. If the transferor
court and transferee court do not agree
on whether the appeal should be
transferred, then the transferor court
must forward to the Supreme Court
either:
(A) the party’s motion to transfer, any
briefing, the transferee court’s letter
and a letter explaining the transferor
court’s decision on the motion; or
(B) a letter from the transferor court that
explains its reasons for requesting
transfer and that notes any party
objections and the transferee court’s
letter under.
(2) Submission
Deadline.
Unless
exceptional
circumstances
require
additional time, the documents in (1)
must be submitted to the Supreme Court
within 20 days after receipt of the
transferee court’s letter.
(3) Supreme Court Decision. After receipt
of all relevant documents, the Supreme
Court will consider and decide the
motion or request by the transferor court
to transfer.

Comment to 2024 change: Rule 27a is adopted to
implement Texas Government Code Section 73.001.
Paragraph (b)(1) limits the applicability of the transfer
process in Rule 27a to the appeals described in Section
73.001(c). And paragraph (b)(2) makes clear that Rule
27a does not apply to “good cause” transfers under
Section 73.001(a), which are handled under the
Policies for Transfer of Cases Between Courts of
Appeals adopted in Misc. Dkt. No. 06-9136.
Consistent with Section 1.15 of the Fifteenth
Court of Appeals’ enabling legislation, Rule 27a only
applies to appeals perfected on or after September 1,
2024. See Act of May 21, 2023, 88th Leg., R.S., ch.
459 (S.B. 1045). It does not apply to appeals pending
in the courts of appeals that were filed between
September 1, 2023, and August 31, 2024, and of which
the Fifteenth Court of Appeals has exclusive
intermediate appellate jurisdiction under Texas
Government Code Section 22.220(d). On September
1, 2024, those appeals should be transferred
immediately to the Fifteenth Court of Appeals.
Comment to 2025 change: Rule 27a is amended
to clarify the rule’s applicability and objection
procedures. To accommodate these changes, some
paragraphs have been rearranged and relettered or
renumbered.