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The
following Local Rules of Appellate Procedure
were ordered adopted and promulgated to
govern practice in the Fifth Court of Appeals,
and have been approved by the Texas Supreme
Court and Court of Criminal Appeals.
(Cite these rules as 5th Tex.App. (Dallas)
Loc.R.)
Amendments to Local
Rules Approved
Table of Rules
Rule 1. Scope of Local Rules
Rule 2. Change of address or other
information
Rule 3. Filing by Facsimile
(fax)
Rule 4. Withdrawal of Record
on Appeal
Rule 5. Monthly Report by Court
Reporters
Rule 6. Extension of time to
file Appellee's Briefs
Rule 7. Oral Argument
Rule 8. Settlement
Rule 9. Request for Temporary
Relief in Original Proceedings
Rule 10. Number of Copies for Briefs
Rule 11. Briefs in cross-appeals
Rule 1.
Scope of Local Rules
(Tex. R. App. P. 1.2)
These rules govern procedure for appeals,
original proceedings, and other matters before
the Court of Appeals for the Fifth District
of Texas at Dallas. In the event of a conflict
between these local rules and the Texas Rules
of Appellate Procedure or any other state statute
or rule, the Texas Rules of Appellate Procedure,
statute, or rule shall control.
Rule 2.
Change of address or other information
(Tex. R. App. P. 9.1)
Counsel or a party proceeding pro se shall
file a notice of change of address, telephone
number, or facsimile number within ten (10)
days of the date of the change. The notice shall
include the style and cause number of any case
the notifying party has pending before the Court.
Rule 3.
Filing by Facsimile (fax)
(Tex. R. App. P. 9.2(c))
(a) The Clerk will maintain a fax machine
for receipt of transmissions during normal business
hours, Monday through Friday (excluding legal
holidays as that term is defined by section
662.021 of the Texas Government Code) from 8:00
a.m. to 5:00 p.m. central time. The sender is
responsible for determining if there are any
changes in normal business hours. The Clerk
is not responsible for events that disrupt,
impair, or render impossible the receipt of
documents transmitted by fax.
(b) Any document transmitted to the Court
by fax will be initially stamped by the Clerk
as received. If the document is subsequently
stamped filed by the Clerk in compliance with
the Texas Rules of Appellate Procedure and this
rule, it will be deemed filed as of the date
the Court received the fax.
(c) A cover sheet shall accompany all documents
transmitted by fax and shall clearly identify
(1) the name, address, telephone number, and
fax number of the sender; (2) the document being
transmitted and the cause number; (3) the number
of pages being transmitted; (4) the name of
the Clerk or deputy clerk, if any, to whose
attention the document is directed; and (5)
that the document is being transmitted under
this local rule in anticipation of future filing.
(d) The sender is responsible for all applicable
fees assessed by the Clerk in connection with
the receipt of documents transmitted by fax.
Failure to pay the fee within seven (7) days
of the date of the transmission will result
in the Clerk declining to stamp the document
as filed.
(e) The original of the document, together
with the correct number of copies required to
be filed by the Texas Rules of Appellate Procedure,
must be received by the Clerk within seven (7)
days of the fax. Under this rule, the original
and copies must be accompanied by a cover letter
referencing the date of the fax transmission
and requesting that the documents be filed as
of the date of the fax. Failure to comply with
this requirement will result in the Clerk declining
to stamp the document as filed.
(f) The sender is responsible for ensuring
that documents transmitted by fax are received
legibly and completely by the Clerk. The Clerk's
office will verify by telephone that a document
is legible and has been received completely
but will not initiate the telephone call. If
a document sent by fax is not complete or is
otherwise illegible, the Clerk will decline
to stamp it as filed.
(g) Except as specifically required by the
Texas Rules of Appellate Procedure, any notices
issued by the Clerk of the Court may be made
by fax. Fax notification shall be made to the
fax number provided by the attorney of record
for each party to the appeal.
Rule 4.
Withdrawal of Record on Appeal
(Tex. R. App. P. 12.4)
(a) In criminal cases, the Court will not
allow the record to be checked out. Records
must be checked out through the District or
County Clerk's office.
(b) In civil cases the record may be checked
out as provided by Texas Rule of Appellate Procedure
12.4 except as amended by this rule or Court
order.
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Anyone may check out the record for no more
than fourteen (14) days if no party’s brief
is due and in compliance with the restrictions
of Texas Rule of Appellate Procedure 12.4.
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If the time for any party to file a brief
is running only the party whose brief is
due may check out the record. If any party
checks out the record before that party’s
brief is due, that party’s brief will not
be filed until the record is returned in
proper condition.
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No one may check out the record once a case
has been set for submission except by order
of the Court.
Rule 5.
Monthly Report by Court Reporters
(Tex. R. App. P. 13.4)
Court reporters must file a copy of the court
reporter's monthly report required by Texas
Rule of Appellate Procedure 13.4 with this Court
before the first day of each month. The report
shall include:
1) a list of cases pending on appeal for
which reporter's records are due;
2) the dates on which the written requests for
the reporter's records were received;
3) the approximate number of pages and due dates
for the reporter's record in each case; and
4) the names, addresses, and phone numbers of
any substitute reporters for each case.
Rule 6.
Extension of time to file Appellee's Briefs
(Tex. R. App. P. 38.6(d))
(a) In criminal cases, the Court will not
accept an appellee's brief tendered later than
the twenty-eighth (28th) day before the date
the case is set for submission.
(b) In civil cases, on motion complying with
Texas Rule of Appellate Procedure 10.5(b), the
Court may extend the time for filing the appellee's
brief and may postpone submission of the case.
A motion to extend the time to file the brief
may be filed before or after the date the brief
is due. The court may also, in the interests
of justice, shorten the time for filing briefs
and for submission of the case.
Rule 7.
Oral Argument
(Tex. R. App. P. 39)
In civil cases, oral arguments in each appeal
are heard at the time designated by the sitting
panel. As a general rule, one case will be set
for oral argument each hour, beginning at 9:00
a.m. or 1:00 p.m.
In criminal cases, all counsel who have requested
oral argument are expected to be present at
9:00 a.m. or 1:00 p.m. as instructed by written
notice. At that time, the presiding justice
will call the docket and determine which attorneys
will argue. Oral argument will be heard, insofar
as practicable, in the order the cases appear
on the submission docket for that date.
If there is more than one appellant or appellee,
counsel shall be expected to announce to the
Court, at docket call, how the time is to be
divided among the parties.
Oral argument will be limited to twenty (20)
minutes for the appellant's opening argument,
twenty (20) minutes for the appellee's argument,
and five (5) minutes for the appellant's rebuttal.
Requests for additional time must be made by
written motion filed at least ten (10) days
prior to the scheduled submission date.
Rule 8.
Settlement
(Tex. R. App. P. 42.1)
In the event a civil case settles before
submission, the parties shall notify the Clerk
by filing an appropriate motion. The motion
shall specify (1) the manner of disposition,
and (2) the parties' agreement on the allocation
of costs of appeal.
Rule 9.
Request for Temporary Relief in Original Proceedings
(Tex. R. App. P. 52.10)
Relator must note on the front cover of the
petition if temporary relief is requested.
Rule 10. Number of Copies for Briefs
A party must file the original and seven
(7) copies of any brief submitted to the Court.
Rule
11: Briefs in cross-appeals
11. 1 In a civil appeal in which a cross-appeal
has been timely filed, the briefs to be filed
by the parties are:
a. The appellant’s brief.
b. A combined appellee’s and cross-appellant’s
brief.
c. A combined appellant’s reply and cross-appellee’s
brief.
d. The cross-appellant’s reply brief.
11.2 The aggregate number of pages for all
briefs filed by any party may not exceed 125.
The pages used to determine page limitations
are those contained in appellate rule 38.4.
The page limits are those set forth in appellate
rule 38.4, except as provided for herein for
the combined appellee/cross-appellant and appellant
reply/cross-appellant’s briefs. The combined
appellee/cross-appellant’s brief may be 100
pages, 50 pages for the appellee’s portion and
50 pages for the cross-appellant’s portion.
The combined appellant’s reply/cross-appellee’s
brief may be 75 pages, 25 for the reply brief
and 50 for the cross-appellee’s brief.
11.3 The deadlines for filing the briefs
are:
a. The appellant’s brief is due no later
than thirty days after the date the record
is filed with the Court.
b. The appellee/cross-appellant’s brief
is due no later than thirty days after the
date the appellant’s brief is filed.
c. The appellant’s reply/cross-appellee’s
brief is due no later than thirty days after
the date the appellee/cross-appellant’s
brief is filed
d. The cross-appellant’s reply brief
is due twenty days after the date the cross-appellee’s
brief is filed.
11.4 If appellant or cross-appellant’s appeal
is dismissed and the appeal remains pending
on the undismissed notice of appeal, the briefing
schedule and page limitations will be as provided
for in the rules of appellate procedure.
11.5. The Court may change the requirements
of this rule on its own motion or motion of
any party to the appeal.
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