Tex. R. App. P. 71 · FIVE. PROCEEDINGS IN THE COURT OF CRIMINAL APPEALS
Direct Appeals
Text — Updated with Amendments Effective February 6, 2026
71.1. Direct Appeal
Cases in which the death penalty has been assessed under Code of Criminal Procedure article 37.071, and cases in which bail has been denied in non-capital cases under Article I, Section 11a of the Constitution, are appealed directly to the Court of Criminal Appeals.
71.2. Record
The appellate record should be prepared and filed in accordance with Rules 31, 32, 34, 35 and 37, except that the record must be filed in the Court of Criminal Appeals. After disposition of the appeal, the Court may discard copies of juror information cards or other portions of the clerk's record that are not relevant to an issue on appeal.
71.3. Briefs
Briefs in a direct appeal should be prepared and filed in accordance with Rules 9 and 38, except that the brief need not contain an appendix (Rule 38.1(k)). All briefs must be filed in the Court of Criminal Appeals. The brief must include a short statement of why oral argument would be helpful, or a statement that oral argument is waived.
71.4. Additional Briefs
Upon motion by a party the Court may permit the filing of additional briefs other than those provided for in Rule 38.
Notes and commentary — not rule text
Notes and Comments
Comment to 1997 change: This is former Rule 210. The rule is extended to all direct appeals. A page limit is added for death penalty cases. Other nonsubstantive changes are made.
Comment to 2002 change: A requirement that briefs include a statement regarding oral argument is added.
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 105–106)
- Text hash
- sha256 ceee1cdd2c73dee25ff591253fe78f4d6dc819076ad83eb5c9f44e358469f738
- Composed by
- compose_tx_rules.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
BenchPath cards that rely on this text
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Texas Rules of Appellate Procedure
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.