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Texas Court of Appeals


The Texas Courts of Appeals are part of the Texas judicial system. In Texas, all cases appealed from the district level, both criminal and civil, may be heard by one of the fourteen Texas Courts of Appeals. The exception is for cases where the death penalty is a factor; these cases go directly to the Texas Court of Criminal Appeals, the highest court in Texas for criminal cases. The highest court in Texas for civil cases is the Texas Supreme Court. The specific number of Justices that can sit in each court is regulated by statute. The total number of appellate justices in Texas is currently 80, and can range from three to thirteen for each court. Cases in appellate courts are usually heard by a panel of three judges (even if there are more available). The exception to this is when a case is heard en banc, when all of the justices reconsider a prior decision of a panel of three.

Like the Texas Supreme Court and Court of Criminal Appeals, Justices of the Texas Courts of Appeals are elected in partisan elections to six-year terms.

Courts of civil appeals in Texas were established in 1891 by constitutional amendment to help handle the increasing load of the court system. They had jurisdiction to hear appeals and mandamus of any civil case from their region, with the regions decided by the legislature. The amendment provided that three-judge courts of appeals were to be created by legislature, and in 1892, the legislature created 3 courts of appeals: The First Court of Civil Appeals in Galveston, the Second Court of Civil Appeals in Fort Worth, and the Third Court of Civil Appeals in Austin. In 1893, the legislature created the Fourth Court of Civil Appeals in San Antonio out of territory taken from the first and third courts, and the Fifth Court of Appeals in Dallas. In 1907, the legislature created the Sixth Court of Civil Appeals in Texarkana. Then in 1911, the Seventh Court of Civil Appeals in Amarillo and the Eighth Court of Civil Appeals in El Paso were created. Soon after that, the Ninth Court of Civil Appeals was created in Beaumont in 1915, the Tenth was created in Waco in 1923, and the Eleventh was created in Eastland in 1925.


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