|1997 Rules of Appellate Procedure|
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RULE 6. REPRESENTATION BY COUNSEL
6.1 Lead Counsel.
(a) For appellant . Unless another attorney is designated, lead counsel for an appellant is the attorney whose signature first appears on the notice of appeal.
(b) For a party other than appellant . Unless another attorney is designated, lead counsel for a party other than an appellant is the attorney whose signature first appears on the first document filed in the appellate court on that party's behalf.
(c) How to designate . The original or a new lead counsel may be designated by filing a notice stating that attorney's name, mailing address, telephone number, fax number, if any, and State Bar of Texas identification number. If a new lead counsel is being designated, both the new attorney and either the party or the former lead counsel must sign the notice.
6.2 Appearance of Other Attorneys. An attorney other than lead counsel may file a notice stating that the attorney represents a specified party to the proceeding and giving that attorney's name, mailing address, telephone number, fax number, if any, and State Bar of Texas identification number. The clerk will note on the docket the attorney's appearance. When a brief or motion is filed, the clerk will note on the docket the name of each attorney, if not already noted, who appears on the document.
6.3 To Whom Communications Sent. Any notice, copies of documents filed in an appellate court, or other communications must be sent to:
(a) each partys lead counsel on appeal;
(b) a partys lead counsel in the trial court if:
(1)that party was represented by counsel in the trial court;
(2)lead counsel on appeal has not yet been designated for that party; and
(3)lead counsel in the trial court has not filed a nonrepresentation notice or been allowed to withdraw;
(c) a party if the party is not represented by counsel.
6.4 Nonrepresentation Notice.
(a) In general . If, in accordance with paragraph 6.3(b), the lead counsel in the trial court is being sent notices, copies of documents, or other communications, that attorney may file a nonrepresentation notice in the appellate court. The notice must:
(1)state that the attorney is not representing the party on appeal;
(2)state that the court and other counsel should communicate directly with the party in the future;
(3)give the party's name and last known address and telephone number; and
(4)be signed by the party.
(b) Appointed counsel . In a criminal case, an attorney appointed by the trial court to represent an indigent party cannot file a nonrepresentation notice.
6.5 Withdrawal. An appellate court may, on appropriate terms and conditions, permit an attorney to withdraw from representing a party in the appellate court.
(a) Contents of motion . A motion for leave to withdraw must contain the following:
(1)a list of current deadlines and settings in the case;
(2)the party's name and last known address and telephone number;
(3)a statement that a copy of the motion was delivered to the party; and
(4)a statement that the party was notified in writing of the right to object to the motion.
(b) Delivery to party . The motion must be delivered to the party in person or mailed both by certified and by first-class mail to the party at the party's last known address.
(c) If motion granted . If the court grants the motion, the withdrawing attorney must immediately notify the party, in writing, of any deadlines or settings that the attorney knows about at the time of withdrawal but that were not previously disclosed to the party. The withdrawing attorney must file a copy of that notice with the court clerk.
(d) Exception for substitution of counsel . If an attorney substitutes for a withdrawing attorney, the motion to withdraw need not comply with (a) but must state only the substitute attorneys name, mailing address, telephone number, fax number, if any, and State Bar of Texas identification number. The withdrawing attorney must comply with (b) but not (c).
6.6 Agreements of Parties or Counsel. To be enforceable, an agreement of parties or their counsel concerning an appellate court proceeding must be in writing and signed by the parties or their counsel. Such an agreement is subject to any appellate court order necessary to ensure that the case is properly presented.
Notes and Comments
Comment to 1997 change: Former Rules 7 and 57 are merged and substantially revised. Former Rule 8 regarding agreements of counsel is included here as subdivision 6.6 and the requirement that an agreement be filed and included in the record is deleted.
Copyright ©1996, 1997, 2001 Charles A. Matz, All rights reserved
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Last modified: March 25, 2010