Gammel's Rules of the Courts of Texas Page: 35 of 70
TEXAS COURT RULES.
rendition of the judgment, the motion may be made at such time and
in such manner as may be prescribed by rules to be made by the Supreme
Court. Article 1641.
Held, unless the motion for rehearing is filed within fifteen days after
the rendition of the opinion, it cannot be considered, in the absence of
a valid excuse. McGhee vs. Romatka, 92 T., 241 (47 S. W. R., 520);
Sams vs. Creager, 85 T., 497 (22 S. W. R., 399); Carusales vs. State, 82
S. W. R., 1038 (47 Cr. R., 1).
Held, application for writ of error to the Court of Civil Appeals will
not be considered by the Supreme Court where motion for rehearing was
not made in the Court of Civil Appeals within the prescribed time, and no
sufficient excuse was shown for failure to file such motion. Myers vs.
Frey, 102 T., 527 (119 S. W. R., 1142).
RULES FOR THE COURT OF CRIMINAL APPEALS.
1. The clerks of the Court of Criminal Appeals shall be governed
by the rules applicable to the clerks of the Court of Civil Appeals,
except where a different rule may be prescribed by statute.
2. The rules governing motions, arguments of counsel and applications
for certiorari to complete the record as prescribed for the
Courts of Civil Appeals shall apply to the Court of Criminal Appeals.
See Carusales vs. State, 82 S. W. R., 1038 (47 Cr. A., 1); Frost vs.
State, 57 S. W. R., 669.
RULES FOR DISTRICT AND COUNTY COURTS.
1. The pleadings in the district and county court shall, as prescribed
by statute, be by petition and answer. / : '
2. Pleadings, with the exception of those presenting issues of
law, must be a statement of facts, in contradistinction to a statement
of evidence, of legal conclusions, and of arguments. Facts are adequately
represented by terms and modes of expression wrought out
by long judicial experience, perpetuated in books of forms, in law
and equity, which, though not authoritatively requisite, may generally
be adopted as safe:guides in pleadings. In case of a violation of said
rule, to such an extent as to produce confusion, uncertainty and unnecessary
length in pleading, the court may require the matter set up to be
repleaded so as to exclude the superfluous parts of it from the record.
3. The petition of plaintiff shall consist of an original petition,
and such supplemental petitions as may be necessary in the course
of pleadings by the parties to the suit, to enable the plaintiff to
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5836/m1/35/: accessed September 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .