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Texas Rules of Appellate Procedure · February 6, 2026 edition

Rule 40. Order of Decision

Read the original court rule and its historical notes. Illustrations, where shown, are educational explanations of the rule.

Official Texas Judiciary rules (PDF)

40.140.2

Original court rule text

40.1

40.1. Civil Cases The court of appeals may determine the order in which civil cases will be decided. But the following types of cases have precedence over all others:

(a) a case given precedence by law;

(b) an accelerated appeal; and

(c) a case that the court determines should be given precedence in the interest of justice.

40.2

40.2. Criminal Cases In cases not otherwise given precedence by law, the court of appeals must hear and determine a criminal appeal at the earliest possible time, having due regard for the parties' rights and for the proper administration of justice.

Reference (separate, nonoperative source note)

See Code of Criminal Procedure article 44.01(f).

Historical Notes and Comments

Historical court comments, separate from operative rule text

Comment on 1997 change: The provisions of former Rules 76, 77 and 78 are merged. Civil cases involving the Railroad Commission, the State, and “cases submitted on oral argument for all parties” are no longer given preference unless given preference by law.