TEXAS RULES OF APPELLATE PROCEDURE - txcourts.gov

1 TEXAS RULES OF APPELLATE PROCEDURE . Table of Contents SECTION ONE. (c) Where to File. GENERAL PROVISIONS (d) Order of the Court. Rule 1. Scope of RULES ; Local RULES of Courts of Rule 5. Fees in Civil Cases Appeals Rule 6. Representation by Counsel Scope. Lead Counsel Local RULES (a) For Appellant. (a) Promulgation. (b) For a Party Other Than Appellant. (b) Copies. (c) How to Designate. (c) Party's Noncompliance. Appearance of Other Attorneys Rule 2. Suspension of RULES To Whom Communications Sent Rule 3. Definitions; Uniform Terminology Nonrepresentation Notice Definitions (a) In General.

2 (b) Appointed Counsel. Uniform Terminology in Criminal Cases Withdrawal (a) Contents of Motion. Rule 4. Time and Notice Provisions (b) Delivery to Party. (c) If Motion Granted. Computing Time (d) Exception for Substitution of (a) In General. Counsel. (b) Clerk's Office Closed or Inaccessible. Agreements of Parties or Counsel No Notice of Trial Court's Judgment Rule 7. Substituting Parties in Civil case (a) Additional Time to File Documents. Parties Who Are Not Public Officers (1) In general. (a) Death of a Party. (2) Exception for restricted appeal. (1) Civil Cases. (b) PROCEDURE to Gain Additional Time.

3 (2) Criminal Cases. (c) The Court's Order. (b) Substitution for Other Reasons. Periods Affected by Modified Public Officers Judgment in Civil case (a) Automatic Substitution of Officer. (a) During Plenary-Power Period. (b) Abatement. (b) After Plenary Power Expires. Rule 8. Bankruptcy in Civil Cases Periods Affected When Process Served by Publication Notice of Bankruptcy No Notice of Judgment or Order of Effect of Bankruptcy APPELLATE Court; Effect on Time to File Certain Documents Motion to Reinstate or Sever Appeal (a) Additional Time to File Documents. Suspended by Bankruptcy (b) PROCEDURE to Gain Additional Time.

4 (a) Motion to Reinstate. i (b) Motion to Sever. Civil Cases (a) Sensitive Data Defined. Rule 9. Documents Generally (b) Filing of Documents Containing Sensitive Data Prohibited. Signing (c) Redaction of Sensitive Data;. (a) Represented Parties. Retention Required. (b) Unrepresented Parties. (d) Notice to Clerk. (c) Electronic Signatures. (e) Restriction on Remote Access. Filing Privacy Protection for Documents Filed in (a) With Whom. Criminal Cases (b) Filing by Mail. (a) Sensitive Data Defined. (1) Timely Filing. (b) Redacted Filings. (2) Proof of Mailing. (c) Exemptions from the Redaction (c) Electronic Filing.

5 Requirement. (d) Redaction procedures . Number of Copies; Electronic Copies (e) Certification. (a) Courts of Appeals. (f) Reference List. (b) Supreme Court and Court of (g) Sealed materials. Criminal Appeals. (h) Waiver of Protection of Identifiers. (c) Exception for Record. Rule 10. Motions in the APPELLATE Courts Form (a) Printing. Contents of Motions; Response (b) Paper Type and Size. (a) Motion. (c) Margins. (b) Response. (d) Spacing. (e) Typeface. Evidence on Motions (f) Binding and Covering. (g) Contents of Cover. Determining Motions (h) Appendix. (a) Time for Determination.

6 (i) Length. (b) Reconsideration. (j) Electronically Filed Documents. (k) Nonconforming Documents. Power of Panel or Single Justice or Judge to Entertain Motions Service (a) Single Justice. (a) Service of All Documents Required. (b) Panel. (b) Manner of Service. (c) When complete. Particular Motions (d) Proof of Service. (a) Motions Relating to Informalities in (e) Certificate Requirements. the Record. (b) Motions to Extend Time. Communications with the Court (1) Contents of Motion in General. (2) Contents of Motion to Extend Adoption by Reference Time to File Notice of Appeal.

7 (3) Contents of Motion to Extend Protection of Minor's Identity in Time to File Petition for Parental-Rights Termination Cases Review or Petition for and Juvenile Court Cases Discretionary Review. (c) Motions to Postpone Argument. (a) Alias Defined. (b) Parental-Rights Termination Cases. Rule 11. Amicus Curiae Briefs (c) Juvenile Court Cases. (d) No Alteration of APPELLATE Record. Rule 12. Duties of APPELLATE Clerk Privacy Protection for Documents Filed in Docketing the case ii Docket Numbers Appearance Without Service; Actual (a) Numbering System. Knowledge (b) Numbering Order.

8 (c) Multiple Notices of Appeal. Rule 16. Disqualification or Recusal of APPELLATE (d) Appeals Not Yet Filed. Judges Custody of Papers Grounds for Disqualification Withdrawing Papers Grounds for Recusal Clerk's Duty to Account PROCEDURE for Recusal (a) Motion. Notices of Court's Judgments and (b) Decision. Orders (c) Appeal. Rule 13. Court Reporters and Court Recorders Rule 17. Court of Appeals Unable to Take Immediate Action Duties of Court Reporters and Recorders Inability to Act Additional Duties of Court Recorder Nearest Available Court of Appeals Priorities of Reporters Further Proceedings Report of Reporters Rule 18.

9 Mandate Appointing Deputy Reporter Issuance (a) In the Court of Appeals. Filing of Notes in a Criminal case (b) In the Supreme Court and the Court of Criminal Appeals. Rule 14. Recording and Broadcasting Court (c) Agreement to Issue. Proceedings Stay of Mandate Recording and Broadcasting Permitted Trial Court case Number PROCEDURE Filing of Mandate (a) Request to cover Court proceeding. (b) Response. Costs (c) Court May Shorten Time. (d) Decision of Court. Mandate in Accelerated Appeals Equipment and Personnel Recall of Mandate Enforcement Rule 19. Plenary Power of the Courts of Appeals and Expiration of Term Rule 15.

10 Issuance of Writ or Process by APPELLATE Court Plenary Power of Courts of Appeals In General Plenary Power Continues After (a) Signature Under Seal. Petition Filed (b) To Whom Directed; by Whom Served. Proceedings After Plenary Power (c) Return; Lack of Execution; Expires Simultaneous Writs. iii Expiration of Term Time to File Motion Rule 20. When Party is Indigent Court's Ruling (a) Time to Rule; Form of Ruling. Civil Cases (b) Failure to Rule. (a) Costs Defined. (b) When a Statement Was Filed in the Effect of Denying Trial Court. (1) General Rule; Status in Trial Effect of Granting Court Carries Forward.