Tex. R. App. P. 17 · ONE. GENERAL PROVISIONS
Court of Appeals Unable to Take Immediate Action
Text — Updated with Amendments Effective February 6, 2026
17.1. Inability to Act
A court of appeals is unable to take immediate action if it cannot — within the time when action must be taken — assemble a panel because members of the court are ill, absent, or unavailable. A justice who is disqualified or recused is unavailable. A court of appeals’ inability to act immediately may be established by certificate of the clerk, a member of the court, or a party’s counsel, or by affidavit of a party.
17.2. Nearest Available Court of Appeals
If a court of appeals is unable to take immediate action, the nearest court of appeals that is able to take immediate action may do so with the same effect as the other court. The nearest court of appeals is the one whose courthouse is nearest — measured by a straight line — the courthouse of the trial court.
17.3. Further Proceedings
After acting or refusing to act, the nearest court of appeals must promptly send a copy of its order, and the original or a copy of any document presented to it, to the other court, which will conduct any further proceedings in the matter.
Notes and commentary — not rule text
Notes and Comments
Comment to 1997 change: This is former Rule 16. The rule is rewritten and simplified.
Source of truth
- Edition
- Updated with Amendments Effective February 6, 2026
- Official file
- https://www.txcourts.gov/media/1463134/texas-rules-of-appellate-procedure-02062026.pdf (PDF pages 35–36)
- Text hash
- sha256 fc33b198bac3eaf1ec3233a330378c02ae4f51c290e70183c9ff8fc0de9ff6ab
- Composed by
- compose_tx_rules.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.