| 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. |
![[Section One - General Provisions]](images/hone.gif){kind=small}
