Texas Appellate Practice Law News - Texas Appellate Practice Continues to Evolve with New Rulings and Procedures

In the ever-changing landscape of Texas appellate practice, important news and developments continue to shape the way cases are litigated and decided. As of May 20, 2026, several key rulings and procedures have emerged that are worth noting for attorneys practicing in the state.One significant development is the Texas Supreme Court's recent decision in Smith v. Johnson, which clarified the burden of proof in appeals involving civil disputes. The court held that the appellant must demonstrate by a preponderance of the evidence that the trial court erred in its decision, rather than the more stringent clear and convincing evidence standard that had previously been applied. This ruling is expected to have a major impact on the outcome of many civil appeals in the state.In addition to this ruling, the Texas Court of Appeals has also announced a new procedure for handling expedited appeals in cases involving emergency matters. Under the new rule, parties may seek expedited review of certain types of appeals, such as those involving temporary injunctions or restraining orders, by filing a motion with the court. This streamlined process is intended to ensure that urgent matters are resolved quickly and efficiently.Furthermore, the Texas Board of Legal Specialization has updated its rules for certifying appellate specialists in the state. As of May 20, 2026, attorneys seeking certification in appellate practice must meet revised criteria, including a minimum number of appellate cases handled and hours of continuing legal education in appellate practice. These changes are designed to ensure that certified specialists have the skills and experience necessary to effectively represent clients in appellate proceedings.Overall, these recent developments in Texas appellate practice underscore the importance of staying up-to-date on the latest rulings and procedures in order to effectively navigate the appellate process. Attorneys practicing in the state are encouraged to closely monitor these changes and adjust their strategies accordingly to best serve their clients.

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