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Rule 465. Motion to Certify


At any time within fifteen days after overruling the motion for rehearing either party may file a motion asking the court to certify a question to the Supreme Court. After the expiration of that date, if no motion is filed, the court may not be required by mandamus to certify.

Source: New rule.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of Dec. 5, 1983, eff. April 1, 1984. This rule has been revised and renumbered as Rule 462.


(No. 41) Question: Should notice of a motion to certify a question to the Supreme Court under Rule 465 be given to the opposite party by registered mail (Rules 409 and 411) or by postal card under Rule 460?

Answer: Notice of the motion to cer­tify, unless waived, should be given by registered mail. Rule 460 providing for a postal card notice applies only to a motion for rehearing.

5 Tex. B.J. 171 (1942) reprinted in 8 Tex. B.J. 17 (1945).