Rule 3.3 - Proceedings in the Court of Appeals(a)Briefing and argument. A minor may request to be allowed to submit a brief and to present oral argument, but the Court may decide to rule without a brief or oral argument.(b)Ruling. The court of appeals - sitting in a three-judge panel - must issue a judgment affirming or reversing the trial court's order denying the application. The court may use Form 3C but is not required to do so.(c)Time for ruling. The court of appeals must rule on an appeal as soon as possible, subject to any postponement requested by the minor. Section 33.004(b), Family Code, states that a court must rule on an appeal by 5:00 p.m. on the second business day after the notice of appeal is filed with the court that denied the application, or if the minor requests a postponement, after the date the minor states she is ready to proceed, and that if the court does not rule within this time, the appeal is deemed to be granted.(d)Postponement by minor. The minor may postpone the time of ruling by written request filed either with the trial court clerk at the time she files the notice of appeal or thereafter with the court of appeals clerk. The request may be submitted on Form 3B, but use of the form is not required. The request must either specify a date on which the minor will be ready to proceed to ruling, or state that the minor will later provide a date on which she will be ready to proceed to ruling. Once the minor determines when she will be ready to proceed to ruling, she must notify the court of appeals clerk of that date in writing.(e)Opinion.(1)Opinion optional. A court of appeals may issue an opinion explaining its ruling, but it is not required to do so.(2)Time. Any opinion must issue not later than: (A) ten business days after the day on which a notice of appeal is filed in the Supreme Court, if an appeal is taken to the Supreme Court; or(B) sixty days after the day on which the court of appeals issued its judgment, if no appeal is taken to the Supreme Court.(3)Confidential transmission to Supreme Court. When the court of appeals issues an opinion, the clerk must confidentially transmit it instanter to the Supreme Court and to the trial court.Tex. Parent. Noti. R. And. Form. 3.3
Amended effective 3/1/2007.