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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Court Moves To Cut Pre-Grant Merits Briefing
- The Supreme Court aims to eliminate merits briefs before granting review to speed and reduce costs.
- The change responds to long-standing concerns about waste, staleness, and strategic distortion in the petition process.
Pre-1997 Writ Practice Was Burdensome
- Todd Smith recounts pre-1997 practice where every application required a full merits brief, often 50 pages.
- That system led to high cost and perceived low judicial engagement, prompting adoption of the petition-for-review model.
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.