This is the third post in a series I’m calling “Flipping the Script,” inspired by Episode 162 of the Texas Appellate Law Podcast. The series examines what Texas appellate courts could do to make appellate practice better.
There’s a conversation appellate lawyers dread. You call your client to report on a mandamus petition in the
“Reconsideration” is disfavored in Texas trial courts. The procedural rules don’t contemplate motions to reconsider, but lawyers still file them—usually when they’re convinced the trial judge got an important but unappealable interlocutory ruling wrong.
Motions to reconsider rarely succeed. Once a trial judge has made a decision, it’s difficult to change the judge’s mind. Trial
I get this question periodically. The short answer is that the Texas Rules of Appellate Procedure don’t impose a deadline. But that doesn’t mean a relator (the party wishing to challenge a trial court’s order by filing a petition for writ of mandamus) can delay pursuing mandamus relief indefinitely.
Mandamus is an