Tex. R. App. P. 80 · FIVE. PROCEEDINGS IN THE COURT OF CRIMINAL APPEALS
State Prosecuting Attorney
Text — Updated with Amendments Effective February 6, 2026
80.1. Service on State Prosecuting Attorney
The State Prosecuting Attorney must be served on every petition for discretionary review or brief filed by any party or amicus curiae in the Court of Criminal Appeals, including replies, responses, amendments, and supplements.
Notes and commentary — not rule text
Notes and Comments
Comment to 2019 change: This rule incorporates and expands former Rule 68.11 to require service on the State Prosecuting Attorney of all petitions for discretionary review and all substantive briefing in the Court of Criminal Appeals. In using the phrase “brief filed by any party or amicus curiae in the Court of Criminal Appeals,” the rule does not intend to require service on the State Prosecuting Attorney of petitions for a writ of mandamus (or responses) or applications for a writ of habeas corpus (or answers) and their accompanying memoranda. However, if the Court of Criminal Appeals has filed and set a mandamus petition or habeas corpus application, the rule does require service on the State Prosecuting Attorney of the briefs filed in the case.
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 112–113)
- Text hash
- sha256 282f9e154f1fdc4e0395dbae237f971905fe0afc6c8199cfa7c7443f30763eb8
- 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.