Rule 47 Opinions, Publication, and Citation

47.1. Written Opinions The court of appeals must hand down a written opinion that is as brief as practicable but that addresses every issue raised and necessary to final disposition of the appeal. 47.2. Designation and Signing of Opinions; Participating Justices

(a) Civil and Criminal Cases. Each opinion of the court must be designated either an “Opinion” or a “Memorandum Opinion.” A majority of the justices who participate in considering the case must determine whether the opinion will be signed by a justice or will be per curiam and whether it will be designated an opinion or memorandum opinion. The names of the participating justices must be noted on all written opinions or orders of the court or a panel of the court.

(b) Criminal Cases. In addition, each opinion and memorandum opinion in a criminal case must bear the notation “publish” or “do not publish” as determined — before the opinion is handed down — by a majority of the justices who participate in considering the case. Any party may move the appellate court to change the notation, but the court of appeals must not change the notation after the Court of Criminal Appeals has acted on any party's petition for discretionary review or other request for relief. The Court of Criminal Appeals may, at any time, order that a “do not publish” notation be changed to “publish.”

(c) Civil Cases. Opinions and memorandum opinions in civil cases issued on or after January 1, 2003 shall not be designated “do not publish.” 47.3. Distribution of Opinions All opinions of the courts of appeals are open to the public and must be made available to public reporting services, print or electronic. 47.4. Memorandum Opinions If the issues are settled, the court should write a brief memorandum opinion no longer than necessary to advise the parties of the court's decision and the basic reasons for it. An opinion may not be designated a memorandum opinion if the author of a concurrence or dissent opposes that designation. An opinion must be designated a memorandum opinion unless it does any of the following:

(a) establishes a new rule of law, alters or modifies an existing rule, or applies an existing rule to a novel fact situation likely to recur in future cases;

(b) involves issues of constitutional law or other legal issues important to the jurisprudence of Texas;

(c) criticizes existing law; or

(d) resolves an apparent conflict of authority. 47.5. Concurring and Dissenting Opinions Only a justice who participated in the decision of a case may file or join in an opinion concurring in or dissenting from the judgment of the court of appeals. Any justice on the court may file an opinion in connection with a denial of consideration or reconsideration en banc. 47.6. Change in Designation by En Banc Court A court en banc may change a panel's designation of an opinion. 47.7. Citation of Unpublished Opinions

(a) Criminal Cases. Opinions and memorandum opinions not designated for publication by the court of appeals under these or prior rules have no precedential value but may be cited with the notation, “(not designated for publication).”

(b) Civil Cases. Opinions and memorandum opinions designated “do not publish” under these rules by the courts of appeals prior to January 1, 2003 have no precedential value but may be cited with the notation, “(not designated for publication).” If an opinion or memorandum opinion issued on or after that date is erroneously designated “do not publish,” the erroneous designation will not affect the precedential value of the decision.