Rule 168.Permission to Appeal
Last verified June 28, 2026
Full Text of Rule 168
Notes and Comments
Comment to 2011 change: Rule 168 is a new rule, added to implement amendments to section 51.014(d)-(f) of the Texas Civil Practice and Remedies Code. Rule 168 applies only to cases filed on or after September 1, 2011. Rule 168 clarifies that the trial court’s permission to appeal should be included in the order to be appealed rather than in a separate order. Rule of Appellate Procedure 28.3 sets out the corollary requirements for permissive appeals in the courts of appeals.
Plain-English Summary
Rule 168 opens a narrow door to appeal an order that normally could not be appealed yet. On a party's motion or its own initiative, a trial court may permit an appeal from an interlocutory order that is not otherwise appealable, as a statute allows. The permission must appear in the order to be appealed — an existing order may be amended to add it.
The permission has to be specific. It must identify the controlling question of law on which there is a substantial ground for difference of opinion, and state why an immediate appeal may materially advance the ultimate termination of the litigation.
Frequently Asked Questions
What is a permissive appeal in Texas?
Under Rule 168, a trial court may permit an appeal of an otherwise non-appealable interlocutory order by stating in the order the controlling question of law and why an immediate appeal may materially advance the case.
Who can request permission to appeal under Rule 168?
Either a party, by motion, or the trial court on its own initiative, may raise permission to appeal an otherwise non-appealable interlocutory order.
Where does the trial court's permission to appeal have to appear under Rule 168?
In the order being appealed itself. Rule 168 lets the court amend an existing order to add that permission rather than issue a separate one.