Rule 73: Postconviction Applications for Writs of Habeas Corpus

Comment to 1997 change: This is former Rule 4 of the Appendix for Criminal Cases. The rule is amended without substantive change.

Comment to 2000 change: Rules 73.1 and 73.2 are added, and a form is added in an appendix. Comment to 2017 change: Rule 73.7 is added. This rule only applies after an Article 11.07 or 11.071 application has been forwarded to the Court of Criminal Appeals. If an Article 11.07 or 11.071 application is pending in the trial court and has not been forwarded to the Court of Criminal Appeals, a party may file additional evidentiary materials with the district clerk of the county of conviction without filing any special motion in the Court of Criminal Appeals or the trial court. But the district clerk of the county of conviction still must immediately send a copy of the filed materials to the trial judge assigned to the habeas case and to the other party or parties in the case, and otherwise comply with the procedures set out in Rule 73.4(b) of these rules.

Comment to 2018 change: Rules 73.1 and 73.4 are amended in conjunction with amendments to the form for applications filed under Article 11.07 of the Code of Criminal Procedure (Appendix E to these rules) and the Clerk’s Summary Sheet (Appendix F to these rules). The amendments clarify terminology and procedures for filing Article 11.07 writ applications and update the Article 11.07 writ application form to incorporate current technologies and filing procedures. The application form will be made available on the internet through the Court of Criminal Appeals’ website. In addition, the amendments bring the application and filing procedures into conformity with Civil Practice and Remedies Code chapter 132, which permits both inmates and non-inmates to file unsworn declarations in lieu of notarized oaths. Further, the rules amendments and changes to the clerk’s summary sheet clarify the information that district clerks must provide to the Court of Criminal Appeals and add a new requirement that clerks certify that they have complied with all the requirements of Rule 73.4, including the requirement to serve on all parties in the case all objections, motions, affidavits, exhibits, proposed findings of fact and conclusions of law, findings of fact and conclusions of law, and any other orders entered or pleadings filed in the habeas case. The phrase “all parties in the case” as used in Rule 73.4 includes: the attorney representing the State; the applicant (including pro se and inmate applicants); and, if the applicant is represented by counsel, applicant’s attorney.

Comment to 2019 change: Rule 73.8 is added to clarify that the Rules of Evidence apply in hearings held in Article 11.07 and 11.071 habeas corpus cases. This rule does not limit the ability of an applicant to attach supporting documents to an application for a writ of habeas corpus