“[W]e kind of do have a reputation around here for being sticklers for the rules,” a Dallas County district judge quipped when denying a motion for leave to file a late summary judgment response. See Verhalen v. Akhtar, — S.W.3d —, No. 23-0885, 2024 WL 4394980, at *1 (Tex. Oct. 4, 2024). The judge chalked it up to the “‘tragic magic” of summary judgment practice in Texas.” Id. The Supreme Court of Texas, however, made it clear that Texas courts should not always be a “stickler” in this sense. See id. at. 2-3. Rather, the Court emphasized to Texas attorneys and judges that the “good cause” standard set out in Carpenter is a relaxed, but fair bar. See id.
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“Lawyers are an indispensable part of the pursuit of justice.”

The rarely cited Standards of Conduct for the Texas Rules of Appellate Procedure—found in the TRAP following Section Five—begins with this statement. The Standards explain that:

The appellate lawyer’s role

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Recently, the Supreme Court of Texas released the final version for amendments to the Texas Rules of Appellate Procedure, namely Rule 53.2-.3, which provides the required contents of a petition for review and response to a petition for review. The Court added a new mandatory requirement that parties must include an introduction section.
Continue Reading The K.I.S.S. Method?