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Once the Court has requested briefing on the merits, the staff becomes more involved in the case. The timetable also starts to draw out as parties write full-length merits briefs.

In most cases, the staff takes the lead between the request for full briefing and the time the case is sent to conference, usually 30 days or so after the briefing is complete. In that time, the staff draws up what is known as a 'study memo' explaining why the case should or should not be granted and how it should be resolved. During that long period, it is also common for amici to file briefs seeking to point out larger implications of the case — issues that may well make it into a study memo.

When cases are ultimately sent to conference (with a study memo and a full set of briefs), the Justices decide whether to 'grant' the case for argument, to 'deny' review, or to wait.

Submarine Docket. In recent years, the Court has issued about half of its decisions without oral argument under Rule 59.1 of the Texas Rules of Appellate Procedure. When a case lingers on the Court's docket after merits briefing is complete, that may signal that it is a candidate for this 'submarine' docket — a decision that may be issued at any time. The Court also retains its flexibility throughout this process. It can choose to simply 'deny' a petition any time before it is granted.