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First (1st) Court of Appeals — 3. Form of Motions for En Banc Reconsideration, as registered in the statewide TOPICs local-rules registry (posted 04/01/2026). The operative requirements are quoted verbatim; the registered document is the controlling text.
LOCAL RULE 3: Form of Motions for En Banc Reconsideration. En banc consideration of an appeal is not favored and has heightened requirements. Any motion for en banc reconsideration should address the Rule 41.2(c) standard, as reiterated in Rule 49.5. (a) Statement of conflict or extraordinary circumstances. The first page of the motion must include a statement that addresses the Rule 41.2(c) standard. The statement is limited to one page in length and should not include argument. Failure to address this standard shall be grounds for denying the motion summarily. (b) Identify the conflicting cases. If the motion asserts a conflict, it should cite the cases from the First Court of Appeals–not cases from a higher court–that the movant regards as conflicting with the panel decision. A conflict with the decision of a higher court does not qualify as a conflict for purposes of the Rule 41.2(c) standard, but it may provide a ground for panel rehearing or a petition for discretionary review in a higher court (and in rare cases it may play a part in creating extraordinary circumstances for purposes of Rule 41.2(c)). (c) Identify the extraordinary circumstances. If the motion asserts extraordinary circumstances, it should state them concisely and save elaboration for the argument section of the motion. (d) Error correction fails the standard. En banc reconsideration is not designed as a means of pursuing mere error correction. The Rule 41.2(c) standard normally is not met by a claim that settled law was misapplied, e.g., such as a claim that the panel erred with respect to the sufficiency of the evidence. Such claims may be more appropriate in a motion for panel rehearing or a petition for discretionary review in a higher court.
Reviewer note: Complete document text quoted verbatim (whitespace-normalized); registered sha256 8bb3d45017e6… is the controlling custody copy.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.