Table of Contents - TJB

1 TEXAS rules OF appellate PROCEDURET able of ContentsSECTION PROVISIONSRule of rules ; Local rules of Courts of Local rules (a)Promulgation.(b)Copies.(c)Party' s of RulesRule ; Uniform Uniform Terminology in Criminal CasesRule and Notice Computing Time(a)In General.(b)Clerk's Office Closed or No Notice of Trial Court s Judgment in CivilCase(a)Additional Time to File Documents.(1)In general.(2)Exception for restricted appeal.(b)Procedure to Gain Additional Time.(c)The Court s Periods Affected by Modified Judgment in CivilCase(a)During Plenary-Power Period.(b)After Plenary Power Periods Affected When Process Served No Notice of Judgment or Order of AppellateCourt; 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 in Civil CasesRule 6.

2 Representation by Lead Counsel(a)For Appellant.(b)For a Party Other Than Appellant.(c)How to Appearance of Other To Whom Communications Nonrepresentation Notice(a)In General.(b)Appointed Withdrawal(a) Contents of Motion.(b)Delivery to Party.(c)If Motion Granted.(d)Exception for Substitution of Agreements of Parties or CounselRule Parties Who Are Not Public Officers(a)Death of a Party.(1)Civil Cases.(2)Criminal Cases.(b)Substitution for Other Public Officers(a)Automatic Substitution of Officer.(b) in Civil Notice of Effect of Motion to Reinstate or Sever Appeal Suspendedby Bankruptcy(a)Motion to Reinstate.(b)Motion to Signing(a)Represented Parties.(b)Unrepresented Filing(a)With Whom.(b)Filing by Mail.(1)Timely Filing.(2)Proof of Mailing.(c)Electronic Number of Copies; Electronic Copies(a)Courts of Appeals.

3 (b)Supreme Court and Court of Criminal Appeals.(c)Exception for 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)Length.(j)Nonconfor ming Service(a)Service of All Documents Required.(b)Manner of Service.(c)When complete.(d)Proof of Service.(e)Certificate Communications with the Adoption by Protection of Minor s Identity in Parental-RightsTermination Cases and Juvenile Court Cases(a)Alias Defined.(b)Parental-Rights Termination Cases.(c)Juvenile Court Cases.(d)No Alteration of appellate in the appellate Contents of Motions; Response(a)Motion.(b) Evidence on Determining Motions (a)Time for Determination. (b) Power of Panel or Single Justice or Judge toEntertain Motions (a)Single Justice. (b) Particular Motions (a)Motions Relating to Informalities in theRecord.

4 (b)Motions to Extend Time.(1) Contents of Motion in General.(2) Contents of Motion to Extend Time toFile Notice of Appeal.(3) Contents of Motion to Extend Time toFile Petition for Review or Petition forDiscretionary Review. (c)Motions to Postpone Curiae BriefsRule of appellate Docketing the Docket Numbers (a)Numbering System. (b)Numbering Order. (c)Multiple Notices of Appeal. (d)Appeals Not Yet Custody of Withdrawing Clerk's Duty to Notices of Court s Judgments and OrdersRule Reporters and Court Duties of Court Reporters and Additional Duties of Court Priorities of Report of Appointing Deputy Filing of Notes in a Criminal Case Rule and Broadcasting Court Recording and Broadcasting Procedure(a)Request to cover Court proceeding.(b)Response.(c)Court May Shorten Time.(d)Decision of Equipment and EnforcementRule of Writ or Process by appellate In General (a)Signature Under Seal.

5 (b)To Whom Directed; by Whom Served. (c)Return; Lack of Execution; . Appearance Without Service; Actual KnowledgeRule or Recusal of appellate Grounds for Grounds for Procedure for Recusal (a)Motion. (b)Decision. (c) of Appeals Unable to Take Immediate Inability to Nearest Available Court of Further ProceedingsRule 18. Issuance (a)In the Court of Appeals. (b)In the Supreme Court and the Court ofCriminal Appeals. (c)Agreement to Stay of Trial Court Case Filing of Mandate in Accelerated Recall of MandateRule Power of the Courts of Appeals andExpiration of Plenary Power of Courts of Plenary Power Continues After Petition Proceedings After Plenary Power Expiration of TermRule Party is Civil Cases (a)Establishing Indigence.(1)By Certificate.(2)By Affidavit.(3)By Presumption of Indigence.

6 (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)Notice Required.(2)Time for Hearing.(3)Extension of Time for Hearing.(4)Time for Written Decision; Effect. (j)Review of Trial Court s Decision. (k)Record to be Prepared Without Prepayment. (l)Partial Payment of Costs. (m)Later Ability to Pay. (n)Costs Criminal CasesSECTION TWO. APPEALS FROMTRIAL COURT JUDGMENTSAND ORDERSRule Trials in Criminal Definitions (a)New Trial. (b)New Trial on When Motion for New Trial Time to File and Amend Motion (a)To file. (b)To State May Controvert; Time to Types of Evidence Allowed at Court's Ruling (a)Time to Rule.

7 (b)Ruling. (c)Failure to Granting a New TrialRule of Judgment in Criminal Time to File Court's Ruling (a)Time to Rule; Form of Ruling. (b)Failure to Effect of Effect of Granting (a)Defendant Restored. (b)Defendant Discharged or Pro Tunc Proceedingsin Criminal Judgment and Credit on SentenceRule of Enforcementof Judgment Pending Appealin Civil 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 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. (c)Determination of Net Worth.(1)Judgment Debtor's Affidavit Required; Contents ; Prima Facie Evidence.

8 (2)Contest; Discovery.(3)Hearing; Burden of Proof; Findings;Additional Security. (d) Continuing Trial Court Jurisdiction; Duties of Judgment Debtor (a)Continuing Jurisdiction. (b)Duties of Judgment appellate Review (a)Motions; Review. (b)Grounds of Review. (c)Temporary Orders. (d)Action by appellate Court. (e)Effect of Civil Cases. (a)Notice of Appeal. (b)Jurisdiction of appellate Court. (c)Who Must File Notice. (d) Contents of Notice. (e)Service of Notice. (f)Clerk s Duties. (g)Amending the Notice. (h)Enforcement of Judgment Not Suspended Criminal Cases (a)Rights to Appeal.(1)Of the State.(2)Of the Defendant. (b)Perfection of Appeal. (c)Form and Sufficiency of Notice. (d)Certification of Defendant's Right of Appeal. (e)Clerk's Duties. (f)Amending the Notice. (g)Effect of (h)Advice of Right of 26. Time to Perfect Civil Criminal Cases(a)By the Defendant.

9 (b)By the Extension of TimeRule 27. Premature Prematurely Filed Notice of Appeal (a)Civil Cases. (b)Criminal Other Premature If Appealed Order Modified or VacatedRule , Agreed, and Permissive Appeals inCivil Accelerated Appeals (a)Types of Accelerated Appeals. (b)Perfection of Accelerated Appeal. (c)Appeals of Interlocutory Orders. (d)Quo Warranto Appeals. (e)Record and Agreed Interlocutory Appeals in Civil Cases (a)Perfecting Appeal. (b)Other Requirements. (c) Contents of Notice. (d)Determination of Jurisdiction. (e)Record; Briefs. (f)No Automatic Stay of Proceedings in Permissive Appeals in Civil Cases.(a)Petition Required.(b)Where Filed.(c)When Filed.(d)Extension of Time to File Petition.(e) Contents .(f)Response; Reply; Cross-Petition; Time forFiling. (g)Length of Petition, Cross-Petition, Response,and Reply.(h)Service.(i)Docketing Statement.

10 (j)Time for Determination.(k)When Petition Accelerated Appeals in Parental Termination and Child Protection Cases(a)Application and Definitions.(b) appellate Record.(c)Remand for New Pending InterlocutoryAppeal in Civil Effect of Temporary Orders of appellate Enforcement of Temporary Further Proceedings in Trial Review of Further Orders (a)Motion to Review Further Orders. (b) 30. Restricted Appeal to Court of Appeals in Civil CasesRule in Habeas Corpus,Bail, and Extradition Proceedingsin Criminal Filing the Record; Orders on Stay of Mandate(a)When Motion for Stay Required.(b)Determination of the motion.(c)Denial of Judgment Defendant Detained by Other Than Judgment to be CertifiedRule 32. Docketing Civil Criminal Supplemental Purpose of StatementvRule of appellate Preservation; How Shown(a)In General.