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1997 Rules of Appellate Procedure |
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RULE 50. RECONSIDERATION ON PETITION FOR DISCRETIONARY REVIEW
Within 30 days after a petition for discretionary review has been filed with the clerk of the court of appeals that delivered the decision, a majority of the justices who participated in the decision may summarily reconsider and correct or modify the court's opinion or judgment. If the courts opinion or judgment is corrected or modified, the original opinion or judgment must be withdrawn and the modified or corrected opinion or judgment must be substituted as the opinion or judgment of the court. The original petition for discretionary review is dismissed by operation of law. Any party may then file with the court of appeals a petition for discretionary review seeking review of the corrected or modified opinion or judgment under Rule 68.2.
Notes and Comments
Comment to 1997 change: This is former Rule 101. The rule is
amended to allow 30 days for the court of appeals to review the
petition for discretionary review and to require the withdrawal
of the prior opinion and judgment if the court of appeals renders
a new judgment or hands down a new opinion.
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