State of Texas Seal 1997 Rules of Appellate Procedure

[SECTION TWO: APPEALS FROM TRIAL COURT JUDGMENTS AND ORDERS]

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Rule 21 Rule 22 Rule 23 Rule 24 Rule 25 Rule 26 Rule 27 Rule 28 Rule 29 Rule 30
Rule 31 Rule 32 Rule 33 Rule 34 Rule 35 Rule 36 Rule 37 Rule 38 Rule 39 Rule 40
Rule 41 Rule 42 Rule 43 Rule 44 Rule 45 Rule 46 Rule 47 Rule 48 Rule 49 Rule 50
Rule 51

SECTION TWO: APPEALS FROM TRIAL COURT JUDGMENTS AND ORDERS

RULE 21. NEW TRIALS IN CRIMINAL CASES
  21.1 Definition.
  21.2 When Motion for New Trial Required.
  21.3 Grounds.
  21.4 Time to File and Amend Motion.
   
(a) To file.
(b) To amend.
  21.5 State May Controvert; Effect.
  21.6 Time to Present.
   
(a) In term of court.
(b) New term of court.
  21.7 Types of Evidence Allowed at Hearing.
  21.8 Court's Ruling.
   
(a) Time to rule.
(b) Ruling.
(c) Failure to rule.
  21.9 Effect of Granting.
RULE 22. ARREST OF JUDGMENT IN CRIMINAL CASES
  22.1 Definition.
  22.2 Grounds.
  22.3 Time to File Motion.
  22.4 Court's Ruling.
   
(a) Time to rule; form of ruling.
(b) Failure to rule.
  22.5 Effect of Denying.
  22.6 Effect of Granting.
   
(a) Defendant restored.
(b) Defendant discharged or remanded.
RULE 23. NUNC PRO TUNC PROCEEDINGS IN CRIMINAL CASES
  23.1 Judgment and Sentence.
  23.2 Credit on Sentence.
RULE 24. SUSPENSION OF ENFORCEMENT OF JUDGMENT PENDING APPEAL IN CIVIL CASES
  24.1 Suspension of Enforcement.
   
(a) Methods.
(b) Bonds.
(c) Deposit in lieu of bond.
 
(1) Types of deposits.
(2) Amount of deposit.
(3) Clerk's duties; interest.
(d) Conditions of liability.
(e) Orders of trial court.
(f) Effect of supersedeas.
  24.2 Amount of Bond, Deposit or Security.
   
(a) Type of judgment.
 
(1) For recovery of money.
(2) For recovery of property.
(3) Other judgment.
(4) Conservatorship or custody.
(5) For a governmental entity.
(b) Lesser amount.
  24.3 Continuing Trial Court Jurisdiction; Duties of Judgment Debtor.
   
(a) Continuing jurisdiction.
(b) Duties of judgment debtor.
  24.4 Appellate Review.
   
(a) Motions; review
(b) Grounds of review.
(c) Temporary orders.
(d) Action by appellate court.
(e) Effect of ruling.
RULE 25. PERFECTING APPEAL
  25.1 Civil Cases.
   
(a) Notice of appeal.
(b) Jurisdiction of appellate court.
(c) Who must file notice.
(d) Contents of notice.
(e) Service of notice; copy filed with appellate court.
(f) Amending the notice.
(g) Enforcement of judgment not suspended by appeal.
  25.2 Criminal Cases.
   
(a) Perfection of appeal.
(b) Form and sufficiency of notice.
(c) Clerk's duties.
(d) Effect of appeal.
RULE 26. TIME TO PERFECT APPEAL
  26.1 Civil Cases.
  26.2 Criminal Cases.
   
(a) By the defendant.
(b) By the State.
  26.3 Extension of Time.
RULE 27. PREMATURE FILINGS
  27.1 Prematurely Filed Notice of Appeal.
   
(a) Civil cases.
(b) Criminal cases.
  27.2 Other Premature Actions
  27.3 If Appealed Order Modified or Vacated.
RULE 28. ACCELERATED APPEALS IN CIVIL CASES
  28.1 Interlocutory Orders.
  28.2 Quo Warranto.
  28.3 Record and Briefs.
RULE 29. ORDERS PENDING INTERLOCUTORY APPEAL IN CIVIL CASES
  29.1 Effect of Appeal.
  29.2 Security.
  29.3 Temporary Orders of Appellate Court.
  29.4 Enforcement of Temporary Orders.
  29.5 Further Proceedings in Trial Court.
  29.6 Review of Further Orders.
   
(a) Motion to review further orders.
(b) Record.
RULE 30. RESTRICTED APPEAL TO COURT OF APPEALS IN CIVIL CASES
RULE 31. APPEALS IN HABEAS CORPUS, BAIL, AND EXTRADITION PROCEEDINGS IN CRIMINAL CASES
  31.1 Filing the Record; Submission.
  31.2 Hearing.
  31.3 Orders on Appeal.
  31.4 Stay of Mandate.
   
(a) When motion for stay required.
(b) Determination of the motion.
(c) Denial of stay.
  31.5 Judgment Conclusive.
  31.6 Defendant Detained by Other Than Officer.
  31.7 Judgment to be Certified.
RULE 32. DOCKETING STATEMENT
  32.1 Civil Cases.
  32.2 Criminal Cases.
  32.3 Supplemental Statements.
  32.4 Purpose of Statement.
RULE 33. PRESERVATION OF APPELLATE COMPLAINTS
  33.1 Preservation; How Shown.
   
(a) In general.
(b) Ruling by operation of law.
(c) Formal exception and separate order not required.
  33.2 Formal Bills of Exception.
   
(a) Form.
(b) Evidence.
(c) Procedure.
(d) Conflict.
(e) Time to file.
 
(1) Civil cases.
(2) Criminal cases.
(3) Extension of time.
(f) Inclusion in clerk's record.
RULE 34. APPELLATE RECORD
  34.1 Contents.
  34.2 Agreed Record.
  34.3 Agreed Statement of the Case.
  34.4 Form.
  34.5 Clerk's Record.
   
(a) Contents.
(b) Request for additional items.
 
(1) Time for request.
(2) Request must be specific.
(3) Requesting unnecessary items.
(4) Failure to timely request.
(c) Supplementation.
(d) Defects or inaccuracies.
(e) Clerk's record lost or destroyed.
(f) Original documents.
(g) Additional copies of clerk's record in criminal cases.
  34.6 Reporter's Record.
   
(a) Contents.
 
(1) Stenographic recording.
(2) Electronic recording.
(b) Request for preparation.
 
(1) Request to court reporter.
(2) Filing.
(3) Failure to timely request.
(c) Partial reporter's record.
 
(1) Effect on appellate points or issues.
(2) Other parties may designate additions.
(3) Costs; requesting unnecessary matter.
(4) Presumptions.
(5) Criminal cases.
(d) Supplementation.
(e) Inaccuracies in the reporter's record.
 
(1) Correction by agreement.
(2) Correction by trial court.
(3) Correction after filing in appellate court.
(f) Reporter's record lost or destroyed.
(g) Original exhibits.
 
(1) Reporter may use in preparing reporter's record.
(2) Use of original exhibits by appellate court.
(h) Additional copies of reporter's record in criminal cases.
(i) Supreme Court and Court of Criminal Appeals may set fee.
RULE 35. TIME TO FILE RECORD; RESPONSIBILITY FOR FILING RECORD
  35.1 Civil Cases.
  35.2 Criminal Cases.
  35.3 Responsibility for Filing Record.
   
(a) Clerk's record.
(b) Reporter's record.
(c) Courts to ensure record timely filed.
RULE 36. AGENCY RECORD IN ADMINISTRATIVE APPEALS
  36.1 Scope.
  36.2 Inclusion in Appellate Record.
  36.3 Correcting the Record.
   
(a) Correction by agreement.
(b) Correction by trial court.
RULE 37. DUTIES OF THE APPELLATE CLERK ON RECEIVING THE NOTICE OF APPEAL AND RECORD
  37.1 On Receiving the Notice of Appeal.
  37.2 On Receiving the Record.
  37.3 If No Record Filed.
   
(a) Notice of late record.
(b) If no clerk's record filed due to appellant's fault.
(c) If no reporter's record filed due to appellant's fault.
RULE 38. REQUISITES OF BRIEFS
  38.1 Appellant's Brief.
   
(a) Identity of parties and counsel.
(b) Table of contents.
(c) Index of authorities.
(d) Statement of the case.
(e) Issues presented.
(f) Statement of facts.
(g) Summary of the argument.
(h) Argument.
(i) Prayer.
(j) Appendix.
 
(1) Necessary contents.
(2) Optional contents.
  38.2 Appellee's Brief.
   
(a) Form of brief.
(b) Cross-points.
 
(1) Judgment notwithstanding the verdict.
(2) When evidentiary hearing needed.
  38.3 Reply Brief.
  38.4 Length of Briefs.
  38.5 Appendix for Cases Recorded Electronically.
   
(a) Appendix.
 
(1) In general.
(2) Repetition not required.
(3) Form.
(4) Notice.
(b) Presumptions.
(c) Supplemental appendix.
(d) Inability to pay.
(e) Inaccuracies.
 
(1) Correction by agreement.
(2) Correction by appellate or trial court.
(f) Costs.
  38.6 Time to File Briefs.
   
(a) Appellant's filing date.
(b) Appellee's filing date.
(c) Filing date for reply brief.
(d) Modifications of filing time.
  38.7 Amendment or Supplementation.
  38.8 Failure of Appellant to File Brief.
   
(a) Civil cases.
(b) Criminal cases.
 
(1) Effect.
(2) Notice.
(3) Hearing.
(4) Appellate court action.
  38.9 Briefing Rules to be Construed Liberally.
   
(a) Formal defects.
(b) Substantive defects.
RULE 39. ORAL ARGUMENT;SUBMISSION WITHOUT ARGUMENT
  39.1 Right to Oral Argument.
  39.2 Purpose of Argument.
  39.3 Time Allowed.
  39.4 Number of Counsel.
  39.5 Argument by Amicus.
  39.6 When Only One Party Files a Brief.
  39.7 Request and Waiver.
  39.8 Cases Advanced Without Oral Argument.
  39.9 Clerk's Notice.
RULE 40. ORDER OF SUBMISSION AND DECISION
  40.1 Civil Cases.
  40.2 Criminal Cases.
RULE 41. PANEL AND EN BANC SUBMISSION
  41.1 Submission to Panel.
   
(a) Constitution of panel.
(b) When panel cannot agree on judgment.
(c) When court cannot agree on judgment.
  41.2 Submission to En Banc Court.
   
(a) Constitution of en banc court.
(b) When en banc court cannot agree on judgment.
(c) En banc consideration disfavored.
RULE 42. DISMISSAL
  42.1 Voluntary Dismissal in Civil Cases.
  42.2 Voluntary Dismissal in Criminal Cases.
  42.3 Involuntary Dismissal in Civil Cases.
  42.4 Involuntary Dismissal in Criminal Cases.
   
(a) Timely return to custody; reinstatement.
(b) Life sentence.
RULE 43. JUDGMENT OF THE COURT OF APPEALS
  43.1 Time.
  43.2 Types of Judgment.
  43.3 Rendition Appropriate Unless Remand Necessary.
  43.4 Judgment for Costs in Civil Cases.
  43.5 Judgment Against Sureties.
  43.6 Other Orders.
RULE 44. REVERSIBLE ERROR
  44.1 Reversible Error in Civil Cases.
   
(a) Standard for reversible error.
(b) Error affecting only part of case.
  44.2 Reversible Error in Criminal Cases.
   
(a) Constitutional error.
(b) Other errors.
(c) Presumptions.
  44.3 Defects in Procedure.
  44.4 Remediable Error of the Trial Court.
   
(a) Generally
(b) Court of appeals direction if error remediable.
RULE 45. DAMAGES FOR FRIVOLOUS APPEALS IN CIVIL CASES
RULE 46. REMITTITUR IN CIVIL CASES
  46.1 Remittitur After Appeal Perfected.
  46.2 Appeal on Remittitur.
  46.3 Suggestion of Remittitur by Court of Appeals.
  46.4 Refusal to Remit Must Not Be Mentioned in Later Trial.
  46.5 Voluntary Remittitur.
RULE 47. OPINIONS, PUBLICATION, AND CITATION
  47.1 Written Opinions.
  47.2 Signing of Opinions.
  47.3 Publication of Opinions.
   
(a) The initial decision
(b) Notation on opinions.
(c) Reconsideration of decision on whether to publish.
(d) High-court order.
  47.4 Standards for Publication.
  47.5 Concurring and Dissenting Opinions.
  47.6 Action of En Banc Court.
  47.7 Unpublished Opinions.
RULE 48. COPY OF OPINION AND JUDGMENT TO INTERESTED PARTIES AND OTHER COURTS
  48.1 Mailing Opinion and Judgment in All Cases.
  48.2 Additional Recipients in Criminal Cases.
  48.3 Filing Opinion and Judgment.
RULE 49. MOTION AND FURTHER MOTION FOR REHEARING
  49.1 Motion for Rehearing.
  49.2 Response.
  49.3 Decision on Motion.
  49.4 Accelerated Appeals.
  49.5 Further Motion for Rehearing.
  49.6 Amendments.
  49.7 En Banc Reconsideration.
  49.8 Extensions of Time.
  49.9 Not Required for Review.
RULE 50. RECONSIDERATION ON PETITION FOR DISCRETIONARY REVIEW
RULE 51. ENFORCEMENT OF JUDGMENTS AFTER MANDATE
  51.1 Civil Cases.
   
(a) Statement of costs.
(b) Enforcement of judgment.
  51.2 Criminal Cases.
   
(a) Clerk's duties.
(b) Judgment of affirmance; defendant not in custody.
 
(1) Capias to be issued.
(2) Contents of capias.
(3) Sheriff's duties.
(c) Judgment of reversal.
 
(1) When new trial ordered.
(2) When case dismissed.
(d) Judgment of acquittal.
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