State of Texas Seal 1997 Rules of Appellate Procedure

[Section One - General Provisions]

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Rule 1 Rule 2 Rule 3 Rule 4 Rule 5 Rule 6 Rule 7 Rule 8 Rule 9 Rule 10
Rule 11 Rule 12 Rule 13 Rule 14 Rule 15 Rule 16 Rule 17 Rule 18 Rule 19 Rule 20

SECTION ONE: GENERAL PROVISIONS

RULE 1. SCOPE OF RULES; LOCAL RULES OF COURTS OF APPEALS
  1.1 Scope.
  1.2 Local Rules.
   
(a) Promulgation.
(b) Copies.
(c) Party's noncompliance.
RULE 2. SUSPENSION OF RULES
RULE 3. DEFINITIONS;UNIFORM TERMINOLOGY
  3.1 Definitions.
   
(a) Appellant
(b) Appellate court
(c) Appellee
(d) Petitioner
(e) Relator
(f) Reporter
(g) Respondent
  3.2 Uniform Terminology in Criminal Cases.
RULE 4. TIME AND NOTICE PROVISIONS
  4.1 Computing Time.
   
(a) In general.
(b) Clerk's office closed or inaccessible.
  4.2 No Notice of Trial Court's Judgment in Civil Case.
   
(a) Additional time to file documents.
 
(1) In general.
(2) Exception for restricted appeal.
(b) Procedure to gain additional time.
(c) The court's order.
  4.3 Periods Affected by Modified Judgment in Civil Case.
   
(a) During plenary-power period.
(b) After plenary power expires.
  4.4 Periods Affected When Process Served by Publication.
  4.5 No Notice of Judgment of Appellate Court; Effect on Time to File Certain Documents.
   
(a) Additional time to file documents.
(b) Procedure to gain additional time.
(c) Where to file.
(d) Order of the court.
RULE 5. FEES IN CIVIL CASES
RULE 6. REPRESENTATION BY COUNSEL
  6.1 Lead Counsel.
   
(a) For appellant.
(b) For a party other than appellant.
(c) How to designate.
  6.2 Appearance of Other Attorneys.
  6.3 To Whom Communications Sent.
  6.4 Nonrepresentation Notice.
   
(a) In general.
(b) Appointed counsel.
  6.5 Withdrawal.
   
(a) Contents of motion.
(b) Delivery to party.
(c) If motion granted.
(d) Exception for substitution of counsel.
  6.6 Agreements of Parties or Counsel.
RULE 7. SUBSTITUTING PARTIES
  7.1 Parties Who Are Not Public Officers.
   
(a) Death of a Party.
 
(1) Civil cases.
(2) Criminal cases
(b) Substitution for Other Reasons.
  7.2 Public Officers.
   
(a) Automatic Substitution of Officer.
(b) Abatement.
RULE 8. BANKRUPTCY IN CIVIL CASES
  8.1 Notice of Bankruptcy.
  8.2 Effect of Bankruptcy.
  8.3 Motion to Reinstate or Sever Appeal Suspended by Bankruptcy.
   
(a) Motion to reinstate.
(b) Motion to sever.
RULE 9. PAPERS GENERALLY
  9.1 Signing.
   
(a) Represented parties.
(b) Unrepresented parties.
  9.2 Filing.
   
(a) With whom.
(b) Filing by mail.
 
(1) Timely filing.
(2) Proof of mailing.
(c) Electronic filing.
  9.3 Number of Copies.
   
(a) Courts of appeals.
(b) Supreme Court and Court of Criminal Appeals.
(c) Exception for record.
  9.4 Form.
   
(a) Printing.
(b) Paper type and size.
(c) Margins.
(d) Spacing.
(e) Typeface.
(f) Binding and covering.
(g) Contents of cover.
(h) Appendix.
(i) Nonconforming documents.
  9.5 Service.
   
(a) Service of all documents required.
(b) Manner of service.
(c) When complete.
(d) Proof of service.
(e) Certificate requirements.
  9.6 Communications with the Court.
RULE 10. MOTIONS IN THE APPELLATE COURTS
  10.1 Contents of Motions; Response.
   
(a) Motion.
(b) Response.
  10.2 Evidence on Motions.
  10.3 Determining Motions.
   
(a) Time for determination.
(b) Reconsideration.
  10.4 Power of Panel or Single Justice or Judge to Entertain Motions.
   
(a) Single justice.
(b) Panel.
  10.5 Particular Motions.
   
(a) Motions relating to informalities in the record
(b) Motions to extend time.
 
(1) Contents of motion in general.
(2) Contents of motion to extend time to file notice of appeal.
(3) Contents of motion to extend time to file petition for review or petition for discretionary review.
(c) Motions to postpone argument.
RULE 11. AMICUS CURIAE BRIEFS
RULE 12. DUTIES OF APPELLATE CLERK
  12.1 Docketing the Case.
  12.2 Docket Numbers.
   
(a) Numbering system.
(b) Numbering order.
(c) Multiple notices of appeal.
(d) Appeals not yet filed.
  12.3 Custody of Papers.
  12.4 Withdrawing Papers.
  12.5 Clerk's Duty to Account.
  12.6 Notices of Court's Judgments and Orders.
RULE 13. COURT REPORTERS AND COURT RECORDERS
  13.1 Duties of Court Reporters and Recorders.
  13.2 Additional Duties of Court Recorder.
  13.3 Priorities of Reporters.
  13.4 Report of Reporters.
  13.5 Appointing Deputy Reporter.
  13.6 Filing of Notes When Defendant Convicted.
RULE 14. RECORDING AND BROADCASTING COURT PROCEEDINGS
  14.1 Recording and Broadcasting Permitted.
  14.2 Procedure.
   
(a) Request to cover court proceeding.
(b) Response.
(c) Court may shorten time.
(d) Decision of court.
  14.3 Equipment and Personnel.
  14.4 Enforcement.
RULE 15. ISSUANCE OF WRIT OR PROCESS BY APPELLATE COURT
  15.1 In General.
   
(a) Signature under seal.
(b) To whom directed; by whom served.
(c) Return; lack of execution; simultaneous writs.
  15.2 Appearance Without Service; Actual Knowledge.
RULE 16. DISQUALIFICATION OR RECUSAL OF APPELLATE JUDGES
  16.1 Grounds for Disqualification.
  16.2 Grounds for Recusal.
  16.3 Procedure for Recusal.
   
(a) Motion.
(b) Decision.
(c) Appeal.
RULE 17. COURT OF APPEALS UNABLE TO TAKE IMMEDIATE ACTION
  17.1 Inability to Act.
  17.2 Nearest Available Court of Appeals.
  17.3 Further Proceedings.
RULE 18. MANDATE
  18.1 Issuance.
   
(a) In the court of appeals.
(b) In the Supreme Court and the Court of Criminal Appeals.
(c) Agreement to issue.
  18.2 Stay of Mandate.
  18.3 Trial Court Case Number.
  18.4 Filing of Mandate.
  18.5 Costs.
  18.6 Mandate in Accelerated Appeals.
  18.7 Recall of Mandate.
RULE 19. PLENARY POWER OF THE COURTS OF APPEALS AND EXPIRATION OF TERM
  19.1 Plenary Power of Courts of Appeals.
  19.2 Plenary Power Continues After Petition Filed.
  19.3 Proceedings After Plenary Power Expires.
  19.4 Expiration of Term.
RULE 20. WHEN PARTY IS INDIGENT
  20.1 Civil Cases.
   
(a) Establishing indigence.
(b) Contents of affidavit.
(c) When and where affidavit filed.
 
(1) Appeals.
(2) Other proceedings.
(3) Extension of time.
(d) Duty of clerk.
 
(1) Trial court clerk.
(2) Appellate court clerk.
(e) Contest to affidavit.
(f) No contest filed.
(g) Burden of proof.
(h) Decision in appellate court.
(i) Hearing and decision in the trial court.
 
(1) Time for hearing.
(2) Time for written decision; effect.
(j) Record to be prepared without prepayment.
(k) Partial payment of costs.
(l) Later ability to pay.
(m) Costs defined.
  20.2 Criminal Cases.
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