Rule 9.

1997 Rules of Appellate Procedure

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RULE 9. PAPERS GENERALLY

9.1 Signing.

(a) Represented parties . If a party is represented by counsel, a document filed on that party's behalf must be signed by at least one of the party's attorneys. For each attorney whose name appears on a document as representing that party, the document must contain that attorney's State Bar of Texas identification number, mailing address, telephone number, and fax number, if any.

(b) Unrepresented parties . A party not represented by counsel must sign any document that the party files and give the party’s mailing address, telephone number, and fax number, if any.

9.2 Filing.

(a) With whom . A document is filed in an appellate court by delivering it to:

(1)the clerk of the court in which the document is to be filed; or

(2)a justice or judge of that court who is willing to accept delivery. A justice or judge who accepts delivery must note on the document the date and time of delivery, which will be considered the time of filing, and must promptly send it to the clerk.

(b) Filing by mail .

(1) Timely filing. A document received within ten days after the filing deadline is considered timely filed if :

(A) it was sent to the proper clerk by United States Postal Service first-class, express, registered, or certified mail;

(B) it was placed in an envelope or wrapper properly addressed and stamped; and

(C) it was deposited in the mail on or before the last day for filing.

(2) Proof of mailing. Though it may consider other proof, the appellate court will accept the following as conclusive proof of the date of mailing:

(A) a legible postmark affixed by the United States Postal Service;

(B) a receipt for registered or certified mail if the receipt is endorsed by the United States Postal Service; or

(C) a certificate of mailing by the United States Postal Service.

(c) Electronic filing . A court of appeals may by local rule permit documents to be filed, signed, or verified by electronic means that are consistent with technological standards, if any, that the Supreme Court establishes.

9.3 Number of Copies.

(a) Courts of appeals .

(1) A party must file:

(A) the original and ttree copies of all documents in an original proceeding;

(B) the original and two copies of all motions in an appellate proceeding; and

(C) the original and five copies of all other documents.

(2) A court of appeals may by local rule require the filing of more or fewer copies of any document other than a petition for discretionary review.

(b) Supreme Court and Court of Criminal Appeals . A party must file the original and 11 copies of any document addressed to either the Supreme Court or the Court of Criminal Appeals, except that only the original of the following must be filed in the Court of Criminal Appeals:

(1)a motion for extension of time or a response to the motion; or

(2)a pleading under Code of Criminal Procedure article 11.07.

(c) Exception for record . Only the original record need be filed in any proceeding.

9.4 Form. Except for the record, a document filed with an appellate court must — unless the court accepts another form in the interest of justice — be in the following form:

(a) Printing . A document may be produced by standard typographic printing or by any duplicating process that produces a distinct black image. Printing may be on both sides of the paper.

(b) Paper type and size . The paper on which the document is produced must be white or nearly white, and opaque. Paper must be 8« by 11 inches.

(c) Margins . Papers must have at least one-inch margins on both sides and at the top and bottom.

(d) Spacing . Text must be double-spaced, but footnotes, block quotations, short lists, and issues or points of error may be single-spaced.

(e) Typeface . A document must be printed in standard 10-character-per-inch (cpi) nonproportionally spaced Courier typeface or in 13-point or larger proportionally spaced typeface. But if the document is printed in a proportionally spaced typeface, footnotes may be printed in typeface no smaller than 10-point.

(f) Binding and covering . A document must be bound so as to ensure that it will not lose its cover or fall apart in regular use. A document should be stapled once in the top left-hand corner or be bound so that it will lie flat when open. A petition or brief should have durable front and back covers which must not be plastic or be red, black, or dark blue.

(g) Contents of cover . A document's front cover, if any, must contain the case style, the case number, the title of the document being filed, the name of the party filing the document, and the name, mailing address, telephone number, fax number, if any, and State Bar of Texas identification number of the lead counsel for the filing party. If a party requests oral argument in the court of appeals, the request must appear on the front cover of that party’s first brief.

(h) Appendix . An appendix may be bound either with the document to which it is related or separately. If separately bound, the appendix must comply with paragraph (f). An appendix should be tabbed and indexed.

(i) Nonconforming documents . Unless every copy of a document conforms to these rules, the court may strike the document and return all nonconforming copies to the filing party. The court must identify the error to be corrected and state a deadline for the party to resubmit the document in a conforming format. If another nonconforming document is filed, the court may strike the document and prohibit the party from filing further documents of the same kind. The use of footnotes, smaller or condensed typeface, or compacted or compressed printing features to avoid the limits of these rules are grounds for the court to strike a document.

9.5 Service.

(a) Service of all documents required . At or before the time of a document's filing, the filing party must serve a copy on all parties to the appeal or review. But a party need not serve a copy of the record.

(b) Manner of service . Service on a party represented by counsel must be made on that party's lead counsel. Service may be personal, by mail, by commercial delivery service, or by fax. Personal service includes delivery to any responsible person at the office of the lead counsel for the party served.

(c) When complete .

(1) Service by mail is complete on mailing.

(2) Service by commercial delivery service is complete when the document is placed in the control of the delivery service.

(3) Service by fax is complete on receipt.

(d) Proof of service . A document presented for filing must contain a proof of service in the form of either an acknowledgment of service by the person served or a certificate of service. Proof of service may appear on or be affixed to the filed document. The clerk may permit a document to be filed without proof of service but will require the proof to be filed promptly.

(e) Certificate requirements . A certificate of service must be signed by the person who made the service and must state:

(1) the date and manner of service;

(2) the name and address of each person served; and

(3) if the person served is a party's attorney, the name of the party represented by that attorney.

9.6 Communications with the Court. Parties and counsel may communicate with the appellate court about a case only through the clerk.

Notes and Comments
Comment to 1997 change: This is former Rule 4. Subdivision 9.4, prescribing the form of documents filed in the appellate courts, is changed and the form to be used is stated in significantly more detail. Former subdivisions (f) and (g), regarding service of documents, are merged into subdivision 9.5. Former Rule 6 is included as subdivision 9.6, but no substantive change is made. Other changes are made throughout the rule. Electronic filing is authorized by §§ 51.801-.807 of the Government Code.

Last modified: November 08, 2001