What is a “statement of the case”?

The “statement of the case” is the section of a Texas appellate filing (e.g., brief, petition for writ of mandamus, petition for review) which states what type of case is underlying the appellate proceeding and the case’s procedural history. The appellate rules provide that the statement of the case generally shouldn’t be longer than half of a page in a court of appeals brief and shouldn’t be longer than one page in a mandamus petition or a petition for review. See Texas Rule of Appellate Procedure 38.l(d), 52.3(d), 53.1(d). A statement of the case should not discuss the facts of the case. See Texas Rule of Appellate Procedure 38.l(d), 52.3(d), 53.1(d).

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