Texas Appellate Law Podcast Breaking Down the Texas Supreme Court’s Revamped Petition-for-Review System
Nov 26, 2025
The Texas Supreme Court is overhauling its petition-for-review process, eliminating merits briefs before reviews. Hosts dive into the history of this shift and the challenges of the previous system, highlighting issues like cost and inefficiency. The proposed changes include a 6,500-word petition requirement and an emphasis on introductory sections to capture justices’ interest. They also discuss new rules around response waivers, preservation requirements, and the procedural timeline, urging listeners to provide feedback before the upcoming changes take effect.
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Low Grant Rates Drove Systemic Waste
- Merits briefing often duplicated petition content and was costly given low grant rates (~10–12%).
- This produced waste: many full merits briefs on cases unlikely to be granted review.
Write A Powerful Combined Introduction
- Use the expanded introduction to simultaneously justify review and preview the merits.
- Craft a compelling intro because the court will read it first and it drives whether they request further response.
Stop Filing Automatic Response Waivers
- Do not file routine response waivers after Jan 1, 2026 unless ordered.
- Expect the court to circulate petitions immediately and only order responses when needed.