This question has been addressed in 1 Texas court opinion:
COA05 — February 23, 2026
Relators Jacob C. Luce and Lauren L. Gifford sought mandamus relief to compel a trial court to rule on a pending motion for default judgment. The Fifth Court of Appeals (Dallas) did not address the merits of the case, focusing instead on a procedural defect in the petition's certification. Applying Texas Rule of Appellate Procedure 52.3(k), the court analyzed whether the Relators' certification precisely matched the mandated language. Reaffirming its precedent of 'exceptionally strict' compliance, the court held that any deviation from the verbatim text of the rule is a fatal error. Because the Relators' certification failed to use the exact phraseology required by the 2026 rules, the court denied the petition without reaching the underlying legal issues.
Litigation Takeaway
“In the Dallas Court of Appeals, there is no 'substantial compliance' for mandamus certifications; attorneys must use a strict 'copy-paste' approach to the verbatim language in TRAP 52.3(k). Failing to update templates to the 2026 rule changes can result in an immediate procedural denial, which is especially dangerous in emergency family law matters where stays or custody are at stake.”