Sometimes the earth shifts along the ocean floor creating tsunamis that flood unsuspecting coastal areas. Sometimes the shifts amount to unnoticed ripples silently traveling alongside flowing waves. Like the quaking seabed, will the recent changes to the Texas Supreme Court’s jurisdiction lead to any amendments to the rules of appellate procedure? In Part II of this series, I predicted the jurisdictional change would force petitioners to cede valuable real estate in their argument sections to prove jurisdiction. I based this prognostication on Texas Rule of Appellate Procedure 53.2(e)’s prohibition on argument in a petition-for-review’s statement of jurisdiction.
At this point, you may be asking yourself what is Rule 53.2 or 53.2(e) and why might it need amending? Rule 53.2 concerns petitions for review (the initial filing to appeal reviewable orders or judgments). It prescribes certain headings and establishes rules regarding their respective content. In particular, Rule 53.2(e) requires a heading labeled, “Statement of jurisdiction.” It further mandates that “[t]he petition must state, without argument, the basis of the Court’s jurisdiction.”
New(ish) Jurisdiction and Possibly Amending Rule 53.2
So, does the rule require amending? Before the jurisdictional change, practitioners typically (utilizing the kitchen-sink or the more-the-merrier approach) identified multiple bases of jurisdiction in this section. The new, solitary importance-to-the-state’s jurisprudence standard, however, has eliminated this need. In fact, it may be enough to now simply state that the legal issues are important to the state’s jurisprudence. There are, as I will detail more below, reasons why petitioners might still need to present argument in their statements of jurisdiction. In turn, the need may necessitate at least removing Rule 53.2(e)’s “without argument” language.