Form 18I:2 Response to Motion to Expedite the Mandate

{STYLE OF THE CASE IN THE SUPREME COURT - FORM 11C:3}

{PARTY}'S RESPONSE TO

{ADVERSE PARTY}'S MOTION TO EXPEDITE THE MANDATE

{Party} asks the Court to deny {adverse party}'s motion to expedite the issuance of the mandate to the trial court.

A. Introduction

1. Petitioner is {name}; respondent is {name}.

2. The Court rendered its judgment in this case on {date}, {reversing/affirming/modifying/vacating/remanding} the judgment of the court of appeals.

3. The mandate is due to be issued on {date}.

4. {Party} opposes early issuance of the mandate in this case.

B. Argument & Authorities

5. Although the Court has the authority under Texas Rule of Appellate Procedure 18.1(c) to expedite the issuance of the mandate to the trial court, this is not a case in which the Court should do so.

{CHOOSE APPROPRIATE PARAGRAPH 6}

6. {Party} has until {date}, to file a timely motion for rehearing. Until the time to file a motion for rehearing has expired, issuance of the mandate in this case is premature. See Tex. R. App. P. 18.1(b).

6. Ten days have not elapsed since the time to file a motion for rehearing expired on {date}. Until the ten-day period has elapsed, issuance of the mandate in this case is premature. SeeTex. R. App. P. 18.1(b).

7. {Adverse party} has not shown good cause to expedite the issuance of the mandate in this case. {Elaborate.}

{ADD PARAGRAPH 8 IF NECESSARY}

8. {Party} attaches an affidavit to this response to establish facts that are not included in the appellate record, are not known to the Court in its official capacity, and are not within the personal knowledge of the attorney signing this response. Tex. R. App. P. 10.2.

C. Conclusion

9. {Briefly summarize the response.}

D. Prayer

10. For these reasons, {party} asks the Court to deny {adverse party}'s motion to expedite the mandate.