# Fernando Haffid Camero v. Samantha Jo Camero

> Texas Court of Appeals, 1st District (Houston) · September 8, 2016

URL: https://www.frixlaw.com/law-library/cases/4032740

## Case

- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** September 8, 2016
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4032740

## How later opinions describe it (automated extraction)

- holding that inmate’s “notice of appeal was deemed filed on the day he mailed it [35 days after trial court’s judgment was signed], since it was received one day after the 15-day deadline, . . . and a motion for extension was thereby implied. . . .”

## Opinion text

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTIONS

Appellate case name: Fernando Haffid Camero v. Samantha Jo Camero

Appellate case number: 01-15-00860-CV

Trial court case number: 76468-F

Trial court: 300th District Court of Brazoria County

On October 1, 2015, appellant, Fernando Haffid Camero, proceeding pro se and
incarcerated, mistakenly filed a notice of appeal in this Court, from the August 10, 2015
final decree of divorce, but is deemed filed in the trial court on October 1, 2015. See
TEX. R. APP. P. 25.1(a). Appellant filed no post-judgment motion, making September 9,
2015, his deadline for filing a notice of appeal. See id. 26.1; TEX. R. CIV. P. 329b(a), (g).
Because appellant’s October 1, 2015 notice of appeal may not have been timely filed, this
Court issued an Order and Notice of Intent to Dismiss for Want of Jurisdiction on
January 21, 2016. See TEX. R. APP. P. 26.1, 42.3(a), (c). This Court’s Order further
directed appellant to timely move for extension of time to file his notice of appeal by
providing a reasonable explanation why his notice of appeal should be deemed timely
under the “prisoner mailbox rule,” including any proof of when appellant placed the
notice of appeal in the outgoing prison mailbox. Houser v. McElveen, 243 S.W.3d 646,
646-47 (Tex. 2008) (per curiam); see also Verburgt v. Dorner, 959 S.W.2d 615, 617–18
(Tex. 1997).

“Under the mailbox rule, a document is deemed timely filed if it is sent to the
proper clerk by first-class mail in a properly addressed, stamped envelope on or before
the last day for filing and is received not more than ten days beyond the filing deadline.”
Glover v. Berleth, No. 01-09-00679-CV, 2012 WL 114200, at *2 (Tex. App.—Houston
[1st Dist.] Jan. 12, 2012, no pet.) (mem. op.) (citing TEX. R. APP. P. 9.2(b)(1)); see also
Ramos v. Richardson, 228 S.W.3d 671, 673 (Tex. 2007) (per curiam) (noting that
appellant has burden of “providing some measure of proof that [his] notice[] of appeal
w[as] placed in the United States mail on or before [the deadline],” such as “record in the
form of the filing letter accompanying the [appellant’s] notice[] of appeal” stating the
date the notice of appeal was placed in the “outgoing prison mailbox.”). Under the
“prisoner mailbox rule,” the “pleadings of pro se inmates shall be deemed filed at the
time they are delivered to prison authorities for forwarding to the court clerk.” Campbell
v. State, 320 S.W.3d 338, 342, 344 (Tex. Crim. App. 2010).

On August 26, 2016, appellant moved for extension of time to file his pro se brief-
affidavit, with a three-page pro se brief/affidavit filed in this Court addressing the merits
of his appeal. 1 Appellant also attached two exhibits to his brief, Step 1 and Step 2
offender grievance forms alleging that his legal paperwork was temporarily confiscated
by prison staff on August 24, 2015, and not all of it was returned, which may have caused
his appellate deadline to expire.

On August 31, 2016, appellant filed a letter in this Court, dated August 24, 2016,
claiming that he had provided proof of when he placed his notice of appeal in the
outgoing prison mailbox by referring to the Step 1 and 2 grievances he previously
submitted. In addition, appellant attached two other exhibits, the first was a letter from
the district clerk, dated September 30, 2015, stating that she had received appellant’s
September 19, 2015 cover letter, but that he had failed to include the notice of appeal.
The second exhibit was appellant’s one-page cover letter entitled “Notice To Appeal,”
dated September 19, 2015, and postmarked September 22, 2015, stating that he was
enclosing his notice of appeal, but it included no separate notice of appeal.

This Court construes appellant’s August 31, 2016 letter as his letter-motion for
extension of time to file his notice of appeal because it attaches exhibits to support that
motion, and refers to the prior August 26, 2016 pro se brief/affidavit and Step 1 and 2
exhibits, and considers all as proof for his motion. See Glover, 2012 WL 114200, at *2
(stating that “Rule 9.2(b)(2) of the Texas Rules of Appellate Procedure, entitled ‘Proof of
Mailing,’ identifies items that an appellate court will accept as conclusive proof of the
date of mailing, and expressly permits that an appellate court may consider other proof.”)
(citation omitted). This Court further construes appellant’s pro se cover letter, dated
September 19, 2015, as his notice of appeal because he provided proof of when he placed
the notice of appeal in the outgoing prison mailbox as it was postmarked on September
22, 2015. See id. Also, appellant titled his cover letter “Notice To Appeal,” stated that
he was enclosing his notice of appeal, cited the underlying trial court cause number and
divorce decree, and addressed it to the district clerk, indicating his intention to appeal.

In this case, appellant’s cover letter “Notice To Appeal,” postmarked September
22, 2015, was mailed by prison staff to the district clerk before the last day for filing,

1
On August 18, 2016, this Court granted appellant’s third extension of time to file his pro
se brief-affidavit in support of his until September 14, 2016. On August 31, 2016, the
Clerk of this Court retroactively granted appellant’s fourth motion for extension of time
to file his pro se brief-affidavit until August 26, 2016, because he included a brief with
the motion, both dated August 23, 2016.
2
which was September 24, 2015, including the fifteen-day grace period under rule 26.3(a),
implying a motion for extension of time to file a notice of appeal. See Houser, 243
S.W.3d at 646 (holding that inmate’s “notice of appeal was deemed filed on the day he
mailed it [35 days after trial court’s judgment was signed], since it was received one day
after the 15-day deadline, . . . and a motion for extension was thereby implied. . . .”)
(internal citations omitted); see also McCray v. Mulder, No. 05–08–00420–CV, 2008 WL
2600700, at *1 (Tex. App.—Dallas July 2, 2008, pet. denied) (per curiam) (mem. op.)
(noting that “the notice of appeal [in Houser] was received by the trial court clerk on the
sixteenth day after it was originally due, which was within ten days of the date it was due
under rule 26.3(a).”) (citation omitted). Although appellant’s separate notice of appeal
was not attached to his September 19, 2015 cover letter, his “Notice To Appeal,” dated
September 28, 2015, was mistakenly filed in this Court on October 1, 2015, and deemed
filed the same day with the trial court. See TEX. R. APP. P. 25.1(a). Thus, appellant’s
“Notice To Appeal” was deemed filed on October 1, 2015, which means it was “received
not more than ten days beyond the filing deadline.” Ramos, 228 S.W.3d at 673.

Accordingly, appellant’s August 31, 2016 letter-motion for extension of time to
file his notice of appeal is GRANTED under the “prisoner mailbox rule,” and we have
jurisdiction to consider his appeal on the merits. See TEX. R. APP. P. 9.2(b), 10.5(b),
26.3(b); Houser, 243 S.W.3d at 646; Ramos, 228 S.W.3d at 673; see also Glover, 2012
WL 114200, at *3 (concluding that appellant’s notice of appeal was timely filed under
the mailbox rule and that court of appeals had jurisdiction to consider merits of appeal).

Because both appellant’s pro se brief, filed August 26, 2016, and his pro se
supplemental brief, filed on September 1, 2016, appear to address the merits of his
divorce appeal, appellee’s brief, if any, is ORDERED to be filed within 30 days of the
date of this order. See TEX. R. APP. P. 38.6(b), (d). Appellant’s reply brief, if any, must
be filed within 20 days after the filing date of appellee’s brief. See id. 38.6(c).

Finally, because appellant is a pro se inmate and submitted a letter-motion
requesting a copy of this Court’s local rules, local procedure and evidence rules, filed in
this Court on September 1, 2016, his letter-motion is GRANTED for appellant for his
reply brief, if any. See TEX. R. APP. P. 38.3. The Clerk of this Court is directed to mail a
copy of this Court’s Local Rules, the Texas Rules of Appellate Procedure, and the Texas
Rules of Evidence to appellant within 5 days of this order.

It is so ORDERED.

Judge’s signature: /s/ Laura Carter Higley
x Acting individually  Acting for the Court

Date: September 8, 2016

3
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
1.1. Scope.
6.1. Lead Counsel
1.2. Local Rules (a) For Appellant.
(a) Promulgation. (b) For a Party Other Than Appellant.
(b) Copies. (c) How to Designate.
(c) Party's Noncompliance.
6.2. Appearance of Other Attorneys
Rule 2. Suspension of Rules
6.3. To Whom Communications Sent
Rule 3. Definitions; Uniform Terminology
6.4. Nonrepresentation Notice
3.1. Definitions (a) In General.
(b) Appointed Counsel.
3.2. Uniform Terminology in Criminal
Cases 6.5. Withdrawal
(a) Contents of Motion.
Rule 4. Time and Notice Provisions (b) Delivery to Party.
(c) If Motion Granted.
4.1. Computing Time (d) Exception for Substitution of
(a) In General. Counsel.
(b) Clerk's Office Closed or
Inaccessible. 6.6. Agreements of Parties or Counsel

4.2. No Notice of Trial Court’s Judgment Rule 7. Substituting Parties
in Civil Case
(a) Additional Time to File Documents. 7.1. 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. (2) Criminal Cases.
(c) The Court’s Order. (b) Substitution for Other Reasons.

4.3. Periods Affected by Modified 7.2. 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
4.4. Periods Affected When Process
Served by Publication 8.1. Notice of Bankruptcy

4.5. No Notice of Judgment or Order of 8.2. Effect of Bankruptcy
Appellate Court; Effect on Time to
File Certain Documents 8.3. Motion to Reinstate or Sever Appeal
(a) Additional Time to File Documents. Suspended by Bankruptcy
(b) Procedure to Gain Additional Time. (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.
9.1. 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.

9.2. Filing 9.10. 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. Requirement.
(d) Redaction Procedures.
9.3. 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
9.4. Form
(a) Printing. 10.1. Contents of Motions; Response
(b) Paper Type and Size. (a) Motion.
(c) Margins. (b) Response.
(d) Spacing.
(e) Typeface. 10.2. Evidence on Motions
(f) Binding and Covering.
(g) Contents of Cover. 10.3. Determining Motions
(h) Appendix. (a) Time for Determination.
(i) Length. (b) Reconsideration.
(j) Electronically Filed Documents.
(k) Nonconforming Documents. 10.4. Power of Panel or Single Justice or
Judge to Entertain Motions
9.5. Service (a) Single Justice.
(a) Service of All Documents Required. (b) Panel.
(b) Manner of Service.
(c) When complete. 10.5. Particular Motions
(d) Proof of Service. (a) Motions Relating to Informalities in
(e) Certificate Requirements. the Record.
(b) Motions to Extend Time.
9.6. Communications with the Court (1) Contents of Motion in General.
(2) Contents of Motion to Extend
9.7. Adoption by Reference Time to File Notice of Appeal.
(3) Contents of Motion to Extend
9.8. 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

9.9. Privacy Protection for Documents Filed in 12.1. Docketing the Case

ii
12.2. Docket Numbers 15.2. Appearance Without Service; Actual
(a) Numbering System. Knowledge
(b) Numbering Order.
(c) Multiple Notices of Appeal. Rule 16. Disqualification or Recusal of Appellate
(d) Appeals Not Yet Filed. Judges

12.3. Custody of Papers 16.1. Grounds for Disqualification

12.4. Withdrawing Papers 16.2. Grounds for Recusal

12.5. Clerk's Duty to Account 16.3. Procedure for Recusal
(a) Motion.
12.6. 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
13.1. Duties of Court Reporters and
Recorders 17.1. Inability to Act

13.2. Additional Duties of Court Recorder 17.2. Nearest Available Court of Appeals

13.3. Priorities of Reporters 17.3. Further Proceedings

13.4. Report of Reporters Rule 18. Mandate

13.5. Appointing Deputy Reporter 18.1. Issuance
(a) In the Court of Appeals.
13.6. 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
18.2. Stay of Mandate
14.1. Recording and Broadcasting
Permitted 18.3. Trial Court Case Number

14.2. Procedure 18.4. Filing of Mandate
(a) Request to cover Court proceeding.
(b) Response. 18.5. Costs
(c) Court May Shorten Time.
(d) Decision of Court. 18.6. Mandate in Accelerated Appeals

14.3. Equipment and Personnel 18.7. Recall of Mandate

14.4. Enforcement Rule 19. Plenary Power of the Courts of Appeals
and Expiration of Term
Rule 15. Issuance of Writ or Process by Appellate
Court 19.1. Plenary Power of Courts of Appeals

15.1. In General 19.2. Plenary Power Continues After
(a) Signature Under Seal. Petition Filed
(b) To Whom Directed; by Whom
Served. 19.3. Proceedings After Plenary Power
(c) Return; Lack of Execution; Expires
Simultaneous Writs.

iii
19.4. Expiration of Term 22.3. Time to File Motion

Rule 20. When Party is Indigent 22.4. Court's Ruling
(a) Time to Rule; Form of Ruling.
20.1. Civil Cases (b) Failure to Rule.
(a) Costs Defined.
(b) When a Statement Was Filed in the 22.5. Effect of Denying
Trial Court.
(1) General Rule; Status in Trial 22.6. Effect of Granting
Court Carries Forward. (a) Defendant Restored.
(2) Establishing the Right to (b) Defendant Discharged or
Proceed Under the General Remanded.
Rule.
(3) Exception; Material Change in Rule 23. Nunc Pro Tunc Proceedings in Criminal
Circumstances. Cases
(c) When No Statement Was Filed in the
Trial Court. 23.1. Judgment and Sentence

20.2. Criminal Cases 23.2. Credit on Sentence

SECTION TWO. APPEALS FROM TRIAL Rule 24. Suspension of Enforcement of Judgment
COURT JUDGMENTS AND ORDERS Pending Appeal in Civil Cases

Rule 21. New Trials in Criminal Cases 24.1. Suspension of Enforcement
(a) Methods.
21.1. Definitions (b) Bonds.
(a) New Trial. (c) Deposit in Lieu of Bond.
(b) New Trial on Punishment. (1) Types of Deposits.
(2) Amount of Deposit.
21.2. When Motion for New Trial Required (3) Clerk’s Duties; Interest.
(d) Conditions of Liability.
21.3. Grounds (e) Orders of Trial Court.
(f) Effect of Supersedeas.
21.4. Time to File and Amend Motion
(a) To file. 24.2. Amount of Bond, Deposit, or Security
(b) To Amend. (a) Type of Judgment.
(1) For Recovery of Money.
21.5. State May Controvert; Effect (2) For Recovery of Property.
(3) Other Judgment.
21.6. Time to Present (4) Conservatorship or Custody.
(5) For a Governmental Entity.
21.7. Types of Evidence Allowed at Hearing (b) Lesser Amount.
(c) Determination of Net Worth.
21.8. Court's Ruling (1) Judgment Debtor's Affidavit
(a) Time to Rule. Required; Contents; Prima
(b) Ruling. Facie Evidence.
(c) Failure to Rule. (2) Contest; Discovery.
(3) Hearing; Burden of Proof;
21.9. Granting a New Trial Findings; Additional Security.
(d) Injunction.
Rule 22. Arrest of Judgment in Criminal Cases
24.3. Continuing Trial Court Jurisdiction;
22.1. Definition Duties of Judgment Debtor
(a) Continuing Jurisdiction.
22.2. Grounds (b) Duties of Judgment Debtor.

iv
24.4. Appellate Review
(a) Motions; Review. 28.1. Accelerated Appeals
(b) Grounds of Review. (a) Types of Accelerated Appeals.
(c) Temporary Orders. (b) Perfection of Accelerated Appeal.
(d) Action by Appellate Court. (c) Appeals of Interlocutory Orders.
(e) Effect of Ruling. (d) Quo Warranto Appeals.
(e) Record and Briefs.
Rule 25. Perfecting Appeal
28.2. Agreed Interlocutory Appeals in Civil
25.1. Civil Cases. Cases
(a) Notice of Appeal. (a) Perfecting Appeal.
(b) Jurisdiction of Appellate Court. (b) Other Requirements.
(c) Who Must File Notice. (c) Contents of Notice.
(d) Contents of Notice. (d) Determination of Jurisdiction.
(e) Service of Notice. (e) Record; Briefs.
(f) Clerk’s Duties. (f) No Automatic Stay of Proceedings
(g) Amending the Notice. in Trial Court.
(h) Enforcement of Judgment Not
Suspended by Appeal. 28.3. Permissive Appeals in Civil Cases.
(a) Petition Required.
25.2. Criminal Cases (b) Where Filed.
(a) Rights to Appeal. (c) When Filed.
(1) Of the State. (d) Extension of Time to File Petition.
(2) Of the Defendant. (e) Contents.
(b) Perfection of Appeal. (f) Response; Reply; Cross-Petition;
(c) Form and Sufficiency of Notice. Time for Filing.
(d) Certification of Defendant's Right of (g) Length of Petition, Cross-Petition,
Appeal. Response, and Reply.
(e) Clerk's Duties. (h) Service.
(f) Amending the Notice. (i) Docketing Statement.
(g) Effect of Appeal. (j) Time for Determination.
(h) Advice of Right of Appeal. (k) When Petition Granted.

Rule 26. Time to Perfect Appeal 28.4. Accelerated Appeals in Parental
Termination and Child Protection
26.1. Civil Cases Cases
(a) Application and Definitions.
26.2. Criminal Cases (b) Appellate Record.
(a) By the Defendant. (c) Remand for New Trial.
(b) By the State.
Rule 29. Orders Pending Interlocutory Appeal in
26.3. Extension of Time Civil Cases

Rule 27. Premature Filings 29.1. Effect of Appeal

27.1. Prematurely Filed Notice of Appeal 29.2. Security
(a) Civil Cases.
(b) Criminal Cases. 29.3. Temporary Orders of Appellate Court

27.2. Other Premature Actions 29.4. Enforcement of Temporary Orders

27.3. If Appealed Order Modified or 29.5. Further Proceedings in Trial Court
Vacated
29.6. Review of Further Orders
Rule 28. Accelerated, Agreed, and Permissive (a) Motion to Review Further Orders.
Appeals in Civil Cases (b) Record.

v
Rule 34. Appellate Record
Rule 30. Restricted Appeal to Court of Appeals in
Civil Cases 34.1. Contents

Rule 31. Appeals in Habeas Corpus, Bail, and 34.2. Agreed Record
Extradition Proceedings in Criminal Cases
34.3. Agreed Statement of the Case
31.1. Filing the Record; Submission
34.4. Form
31.2. Hearing
34.5. Clerk’s Record
31.3. Orders on Appeal (a) Contents.
(b) Request for Additional Items.
31.4. Stay of Mandate (1) Time for Request.
(a) When Motion for Stay Required. (2) Request Must Be Specific.
(b) Determination of the motion. (3) Requesting Unnecessary Items.
(c) Denial of stay. (4) Failure to Timely Request.
(c) Supplementation.
31.5. Judgment Conclusive (d) Defects or Inaccuracies.
(e) Clerk’s Record Lost or Destroyed.
31.6. Defendant Detained by Other Than (f) Original Documents.
Officer (g) Additional Copies of Clerk’s Record
in Criminal Cases.
31.7. Judgment to be Certified (h) Clerk May Consult With Parties.

Rule 32. Docketing Statement 34.6. Reporter’s Record
(a) Contents.
32.1. Civil Cases (1) Stenographic Recording.
(2) Electronic Recording.
32.2. Criminal Cases (b) Request for Preparation.
(1) Request to Court Reporter.
32.3. Supplemental Statements (2) Filing.
(3) Failure to Timely Request.
32.4. Purpose of Statement (c) Partial Reporter’s Record.
(1) Effect on Appellate Points or
Rule 33. Preservation of Appellate Complaints Issues.
(2) Other Parties May Designate
33.1. Preservation; How Shown Additions.
(a) In General. (3) Costs; Requesting Unnecessary
(b) Ruling by Operation of Law. Matter.
(c) Formal Exception and Separate (4) Presumptions.
Order Not Required. (5) Criminal Cases.
(d) Sufficiency of Evidence Complaints (d) Supplementation.
in Nonjury Cases. (e) Inaccuracies in the Reporter’s
Record.
33.2. Formal Bills of Exception (1) Correction of Inaccuracies by
(a) Form. Agreement.
(b) Evidence. (2) Correction of Inaccuracies by
(c) Procedure. Trial Court.
(d) Conflict. (3) Correction After Filing in
(e) Time to File. Appellate Court.
(1) Civil Cases. (f) Reporter’s Record Lost or
(2) Criminal Cases. Destroyed.
(3) Extension of Time. (g) Original Exhibits.
(f) Inclusion in Clerk’s Record. (1) Reporter May Use in
Preparing Reporter’s Record.

vi
(2) Use of Original Exhibits by (g) Statement of Facts.
Appellate Court. (h) Summary of the Argument.
(h) Additional Copies of Reporter’s (i) Argument.
Record in Criminal Cases. (j) Prayer.
(i) Supreme Court and Court of (k) Appendix in Civil Cases.
Criminal Appeals May Set Fee. (1) Necessary Contents.
(2) Optional Contents.
Rule 35. Time to File Record; Responsibility for
Filing Record 38.2. Appellee's Brief
(a) Form of Brief.
35.1. Civil Cases (b) Cross-Points.
(1) Judgment Notwithstanding the
35.2. Criminal Cases Verdict.
(2) When Evidentiary Hearing
35.3. Responsibility for Filing Record Needed.
(a) Clerk’s Record.
(b) Reporter’s Record. 38.3. Reply Brief
(c) Courts to Ensure Record Timely
Filed. 38.4. Deleted

Rule 36. Agency Record in Administrative Appeals 38.5. Appendix for Cases Recorded
Electronically
36.1. Scope (a) Appendix.
(1) In General.
36.2. Inclusion in Appellate Record (2) Repetition Not Required.
(3) Form.
36.3. Correcting the Record (4) Notice.
(a) Correction by Agreement. (b) Presumptions.
(b) Correction by Trial Court. (c) Supplemental Appendix.
(d) Inability to Pay.
Rule 37. Duties of the Appellate Clerk on Receiving (e) Inaccuracies.
the Notice of Appeal and Record (1) Correction by Agreement.
(2) Correction by Appellate or
37.1. On Receiving the Notice of Appeal Trial Court.
(f) Costs.
37.2. On Receiving the Record
38.6. Time to File Briefs
37.3. If No Record Filed (a) Appellant's Filing Date.
(a) Notice of late record. (b) Appellee's Filing Date.
(1) Civil Cases. (c) Filing Date for Reply Brief.
(2) Criminal Cases. (d) Modifications of Filing Time.
(b) If No Clerk’s Record Filed Due to
Appellant's Fault. 38.7. Amendment or Supplementation
(c) If No Reporter’s Record Filed
Due to Appellant's Fault. 38.8. Failure of Appellant to File Brief
(a) Civil Cases.
Rule 38. Requisites of Briefs (b) Criminal Cases.
(1) Effect.
38.1. Appellant's Brief (2) Notice.
(a) Identity of Parties and Counsel. (3) Hearing.
(b) Table of Contents. (4) Appellate Court Action.
(c) Index of Authorities.
(d) Statement of the Case. 38.9. Briefing Rules to be Construed
(e) Any Statement Regarding Oral Liberally
Argument. (a) Formal Defects.
(f) Issues Presented. (b) Substantive Defects.

vii
42.3. Involuntary Dismissal in Civil Cases
Rule 39. Oral Argument; Decision Without
Argument 42.4. Involuntary Dismissal in Criminal
Cases
39.1. Right to Oral Argument (a) Timely Return to Custody;
Reinstatement.
39.2. Purpose of Argument (b) Life Sentence.

39.3. Time Allowed Rule 43. Judgment of the Court of Appeals

39.4. Number of Counsel 43.1. Time

39.5. Argument by Amicus 43.2. Types of Judgment

39.6. When Only One Party Files a Brief 43.3. Rendition Appropriate Unless
Remand Necessary
39.7. Request and Waiver
43.4. Judgment for Costs in Civil Cases
39.8. Clerk’s Notice
43.5. Judgment Against Sureties in Civil
Rule 40. ORDER OF DECISION Cases

40.1. Civil Cases 43.6. Other Orders

40.2. Criminal Cases Rule 44. Reversible Error

Rule 41. Panel and En Banc Decision 44.1. Reversible Error in Civil Cases
(a) Standard for Reversible Error.
41.1. Decision by Panel (b) Error Affecting Only Part of Case.
(a) Constitution of Panel.
(b) When Panel Cannot Agree on 44.2. Reversible Error in Criminal Cases
Judgment. (a) Constitutional Error.
(c) When Court Cannot Agree on (b) Other Errors.
Judgment. (c) Presumptions.

41.2. Decision by En Banc Court 44.3. Defects in Procedure
(a) Constitution of En Banc Court.
(b) When En Banc Court Cannot Agree 44.4. Remediable Error of the Trial Court
on Judgment. (a) Generally.
(c) En Banc Consideration Disfavored. (b) Court of Appeals Direction if Error
Remediable.
41.3. Precedent in Transferred Cases.
Rule 45. Damages for Frivolous Appeals in Civil
Rule 42. Dismissal Cases

42.1. Voluntary Dismissal in Civil Cases Rule 46. Remittitur in Civil Cases
(a) On Motion or By Agreement.
(1) On Motion of Appellant. 46.1. Remittitur After Appeal Perfected
(2) By Agreement. Trial
(b) Partial Disposition.
(c) Effect on Court's Opinion. 46.2. Appeal on Remittitur
(d) Costs.
46.3. Suggestion of Remittitur by Court of
42.2. Voluntary Dismissal in Criminal Appeals
Cases
46.4. Refusal to Remit Must Not Be

viii
Mentioned in Later
49.8. Extensions of Time
46.5. Voluntary Remittitur
49.9. Not Required for Review
Rule 47. Opinions, Publication, and Citation
49.10. Deleted
47.1. Written Opinions
49.11. Relationship to Petition for Review
47.2. Designation and Signing of Opinions;
Participating Justices 49.12. Certificate of Conference Not
(a) Civil and Criminal Cases. Required
(b) Criminal Cases.
(c) Civil Cases. Rule 50. Abolished eff Sept 1, 2011

47.3. Distribution of Opinions Rule 51. Enforcement of Judgments After Mandate

47.4. Memorandum Opinions 51.1. Civil Cases
(a) Statement of Costs.
47.5. Concurring and Dissenting Opinions (b) Enforcement of Judgment.

47.6. Change in Designation by En Banc 51.2. Criminal Cases
Court (a) Clerk’s Duties.
(b) Judgment of Affirmance; Defendant
47.7. Citation of Unpublished Opinions Not in Custody.
(a) Criminal Cases. (1) Capias to Be Issued.
(b) Civil Cases. (2) Contents of Capias.
(3) Sheriff's Duties.
Rule 48. Copy of Opinion and Judgment to (c) Judgment of Reversal.
Interested Parties and Other Courts (1) When new Trial Ordered.
(2) When Case Dismissed.
48.1. Mailing Opinion and Judgment in All (d) Judgment of Acquittal.
Cases
SECTION THREE. ORIGINAL PROCEEDINGS
48.2. Additional Recipients in Criminal IN THE SUPREME COURT AND THE
Cases COURTS OF APPEALS

48.3. Filing Opinion and Judgment Rule 52. Original Proceedings

48.4. Opinion Sent to Criminal Defendant 52.1. Commencement

Rule 49. Motion for Rehearing and En Banc 52.2. Designation of Parties
Reconsideration
52.3. Form and Contents of Petition
49.1. Further Motion for Rehearing (a) Identity of Parties and Counsel.
(b) Table of Contents.
49.2. Response (c) Index of Authorities.
(d) Statement of the Case.
49.3. Decision on Motion (e) Statement of Jurisdiction.
(f) Issues Presented.
49.4. Accelerated Appeals. (g) Statement of Facts.
(h) Argument.
49.5. Further Motion for Rehearing (i) Prayer.
(j) Certification.
49.6. Amendments (k) Appendix.
(1) Necessary Contents.
49.7. En Banc Reconsideration (2) Optional Contents.

ix
53.5. Petitioner's Reply to Response
52.4. Response
53.6. Deleted
52.5. Relator’s Reply to Response
53.7. Time and Place of Filing
52.6. Deleted (a) Petition.
(b) Premature Filing.
52.7. Record (c) Petitions Filed by Other Parties.
(a) Filing by Relator Required. (d) Response.
(b) Supplementation Permitted. (e) Reply.
(c) Service of Record on All Parties. (f) Extension of Time.
(g) Petition Filed in Court of Appeals.
52.8. Action on Petition
(a) Relief Denied. 53.8. Amendment
(b) Interim Action.
(c) Relief Granted. 53.9. Court May Require Revision
(d) Opinion.
Rule 54. Filing the Record
52.9. Motion for Rehearing
54.1. Request for Record
52.10. Temporary Relief
(a) Motion for Temporary Relief; 54.2. Duty of Court of Appeals Clerk
Certificate of Compliance. (a) Request for Record.
(b) Grant of Temporary Relief. (b) Nondocumentary Exhibits.
(c) Motion to Reconsider.
54.3. Expenses
52.11. Groundless Petition or Misleading
Statement or Record 54.4. Duty of Supreme Court Clerk

SECTION FOUR. PROCEEDINGS IN THE Rule 55. Briefs on the Merits
SUPREME COURT
55.1. Request by Court
Rule 53. Petition for Review
55.2. Petitioner's Brief on the Merits
53.1. Method of Review (a) Identity of Parties and Counsel.
(b) Table of Contents.
53.2. Contents of Petition (c) Index of Authorities.
(a) Identity of Parties and Counsel. (d) Statement of the Case.
(b) Table of Contents. (e) Statement of Jurisdiction.
(c) Index of Authorities. (f) Issues Presented.
(d) Statement of the Case. (g) Statement of Facts.
(e) Statement of Jurisdiction. (h) Summary of the Argument.
(f) Issues Presented. (i) Argument.
(g) Statement of Facts. (j) Prayer.
(h) Summary of the Argument.
(i) Argument. 55.3. Respondent's Brief
(j) Prayer.
(k) Appendix. 55.4. Petitioner's Brief in Reply
(1) Necessary Contents.
(2) Optional Contents. 55.5. Reliance on Prior Brief

53.3. Response to Petition for Review 55.6. Deleted

53.4. Points Not Considered in Court of 55.7. Time and Place of Filing; Extension of
Appeals Time

x
55.8. Amendment
58.9. Opinion on Certified Questions
55.9. Court May Require Revision
58.10. Answering Certified Questions
Rule 56. Orders on Petition for Review
Rule 59. Submission and Argument
56.1. Orders on Petition for Review
(a) Considerations in Granting Review. 59.1. Submission Without Argument
(b) Petition Denied or Dismissed.
(1) “Denied.” 59.2. Submission With Argument
(2) “Dismissed w.o.j.”
(c) Petition Refused. 59.3. Purpose of Argument
(d) Improvident Grant.
59.4. Time for Argument
56.2. Moot Cases
59.5. Number of Counsel
56.3. Settled Cases
59.6. Argument by Amicus Curiae
56.4. Notice to Parties
Rule 60. Judgments in the Supreme Court
56.5. Return of Documents to Court of
Appeals 60.1. Announcement of Judgments

Rule 57. Direct Appeals to the Supreme Court 60.2. Types of Judgment

57.1. Application 60.3. Remand in the Interest of Justice

57.2. Jurisdiction 60.4. Judgment for Costs

57.3. Statement of Jurisdiction 60.5. Judgment Against Sureties

57.4. Preliminary Ruling on Jurisdiction 60.6. Other Orders

57.5. Direct Appeal Exclusive While Rule 61. Reversible Error
Pending
61.1. Standard for Reversible Error
Rule 58. Certification of Questions of Law by
United States Courts 61.2. Error Affecting Only Part of the Case

58.1. Certification 61.3. Defects in Procedure

58.2. Contents of the Certification Order 61.4. Remediable Error of the Trial Court
or Court of Appeals
58.3. Transmission of Certification Order (a) Generally.
(b) Supreme Court Direction if Error
58.4. Transmission of Record Remediable.

58.5. Fees and Costs Rule 62. Damages for Frivolous Appeals

58.6. Notice Rule 63. Opinions; Copy of Opinion and Judgment
to Interested Parties and Other Courts
58.7. Briefs and Oral Argument
(a) Briefs. Rule 64. Motion for Rehearing
(b) Oral Argument.
64.1. Time for Filing
58.8. Intervention by the State

xi
64.2. Contents (d) Statement of the Case.
(e) Statement of Procedural History.
64.3. Response and Decision (f) Grounds for Review.
(g) Argument.
64.4. Second Motion (h) Prayer for Relief.
(i) Appendix.
64.5. Extensions of Time
68.5. Deleted
64.6. Deleted
68.6. Nonconforming Petition
Rule 65. Enforcement of Judgment after Mandate
68.7. Court of Appeals Clerk's Duties
65.1. Statement of Costs (a) On filing of the Petition.
(b) Reply.
65.2. Enforcement of Judgment (c) Sending Petition and Reply to Court
of Criminal Appeals.

SECTION FIVE. PROCEEDINGS IN THE 68.8. Court of Criminal Appeals Clerk’s
COURT OF CRIMINAL APPEALS Duties

Rule 66. Discretionary Review in General 68.9. Reply

66.1. With or Without Petition 68.10. Amendment

66.2. Not a Matter of Right 68.11. Service on State Prosecuting Attorney

66.3. Reasons for Granting Review Rule 69. Action of Court on Petition for
Discretionary Review and After Granting Review
66.4. Documents to Aid Decision
(a) Acquiring Documents. 69.1. Granting or Refusal
(b) Return of Documents.
69.2. Setting Case for Submission
Rule 67. Discretionary Review Without Petition
69.3. Improvident Grant of Review
67.1. Four Judges' Vote
69.4. Clerk's Duties
67.2. Order Staying Mandate (a) On Refusal or Dismissal.
(b) On Granting Review.
67.3. Time to Issue Mandate Extended
Rule 70. Brief on the Merits
Rule 68. Discretionary Review with Petition
70.1. Initial Brief
68.1. Generally
70.2. Reply Brief
68.2. Time to File Petition
(a) First Petition. 70.3. Brief Contents and Form
(b) Subsequent Petition.
(c) Extension of Time. 70.4. Other Briefs

68.3. Where to File Petition Rule 71. Direct Appeals

68.4. Contents of Petition 71.1. Direct Appeal
(a) Table of Contents.
(b) Index of Authorities. 71.2. Record
(c) Statement Regarding Oral
Argument. 71.3. Briefs

xii
Submission
71.4. Additional Briefs
75.2. Request for Argument
Rule 72. Extraordinary Matters
75.3. Oral Argument
72.1. Leave to File
Rule 76. Submissions En Banc
72.2. Disposition
Rule 77. Opinions
Rule 73. Postconviction Applications for Writs of
Habeas Corpus 77.1. Generally

73.1. Form for Application Filed Under 77.2. Signing; Publication
Article 11.07 of the Code of Criminal
Procedure 77.3. Unpublished Opinions

73.2. Noncompliant Applications 77.4. Copies

73.3. State’s Response Rule 78. Judgments in the Court of Criminal
Appeals
73.4. Filing and Transmission of Habeas
Corpus 78.1. Types of Judgment

73.5. Time Frame for Resolution of Claims 78.2. Remand in the Interests of Justice
Raised in Application
78.3. Other Orders
73.6. Action on Application
Rule 79. Rehearings
Rule 74. Review of Certified State Criminal-Law
Questions 79.1. Motion for Rehearing

74.1. Certification 79.2. Contents

74.2. Contents of the Certification Order 79.3. Amendments

74.3. Transmission of Certification Order 79.4. Decision

74.4. Transmission of Record 79.5. Further Motion for Rehearing

74.5. Notice 79.6. Extension of Time

74.6. Briefs and Oral Argument 79.7. Service
(a) Briefs.
(b) Oral Argument.

74.7. Intervention by the State

74.8. Opinion on Certified Question

74.9. Motion for Rehearing

74.10. Answering Certified Questions

Rule 75. Notification; Oral Argument

75.1. Notification of Argument or

xiii
TEXAS RULES OF APPELLATE PROCEDURE
Updated with Amendments Effective September 1, 2016

SECTION ONE: GENERAL PROVISIONS
Notes and Comments
Rule 1. Scope of Rule; Local Rules of Courts of Comment to 1997 change: Former
Appeals subdivision (a) regarding appellate court jurisdiction is
deleted. The power to suspend rules is extended to
1.1. Scope civil cases. Other nonsubstantive changes are made.

These rules govern procedure in appellate Rule 3. Definitions; Uniform Terminology
courts and before appellate judges and post-trial
procedure in trial courts in criminal cases. 3.1. Definitions

1.2. Local Rules (a) Appellant means a party taking an appeal to
an appellate court.
(a) Promulgation. A court of appeals may
promulgate rules governing its practice that (b) Appellate court means the courts of appeals,
are not inconsistent with these rules. Local the Court of Criminal Appeals, and the
rules governing civil cases must first be Supreme Court.
approved by the Supreme Court. Local rules
governing criminal cases must first be (c) Appellee means a party adverse to an
approved by the Court of Criminal Appeals. appellant.

(b) Copies. The clerk must provide a copy of the (d) Applicant means a person seeking relief by a
court's local rules to anyone who requests it. habeas corpus in a criminal case;

(c) Party's Noncompliance. A court must not (e) Petitioner means a party petitioning the
dismiss an appeal for noncompliance with a Supreme Court or the Court of Criminal
local rule without giving the noncomplying Appeals for review.
party notice and a reasonable opportunity to
cure the noncompliance. (f) Relator means a person seeking relief in an
original proceeding in an appellate court
Notes and Comments other than by habeas corpus in a criminal
case.
Comment to 1997 change: Subdivision 1.1 is
simplified without substantive change. Subdivision (g) Reporter or court reporter means the court
1.2 is amended to make clear that any person is entitled reporter or court recorder.
to a copy of local rules. Paragraph 1.2(c), restricting
dismissal of a case for noncompliance with a local (h) Respondent means:
rule, is added.
(1) a party adverse to a petitioner in the
Rule 2. Suspension of Rule Supreme Court or the Court of Criminal
Appeals; or
On a party's motion or on its own initiative an
appellate court may — to expedite a decision or for (2) a party against whom relief is sought in
other good cause — suspend a rule's operation in a an original proceeding in an appellate
particular case and order a different procedure; but a court.
court must not construe this rule to suspend any
provision in the Code of Criminal Procedure or to alter 3.2. Uniform Terminology in Criminal Cases
the time for perfecting an appeal in a civil case.

1
In documents filed in criminal appeals, the parties by Texas Rule of Civil Procedure
are the State and the appellant. But if the State has 306a.3 or acquired actual
appealed under Article 44.01 of the Code of Criminal knowledge of the signing, then a
Procedure, the defendant is the appellee. Otherwise, period that, under these rules, runs
papers should use real names for parties, and such from the signing will begin for that
labels as appellee, petitioner, respondent, and movant party on the earlier of the date when
should be avoided unless necessary for clarity. In the party receives notice or acquires
habeas corpus proceedings, the person for whose relief actual knowledge of the signing.
the writ is requested is the applicant; Code of Criminal But in no event may the period
Procedure article 11.13. begin more than 90 days after the
judgment or order was signed.
Notes and Comments
(2) Exception for restricted appeal.
Comment to 1997 change: The definition of court Subparagraph (1) does not extend
below and the reference to “suing out a writ of error to the time for perfecting a restricted
the court of appeals,” are deleted as those terms are no appeal.
longer used in these rules. Other changes are made.
(b) Procedure to Gain Additional Time. The
Rule 4. Time and Notice Provisions procedure to gain additional time is governed
by Texas Rule of Civil Procedure 306a.5.
4.1. Computing Time
(c) The Court’s Order. After hearing the motion,
(a) In General. The day of an act, event, or the trial court must sign a written order that
default after which a designated period finds the date when the party or the party’s
begins to run is not included when computing attorney first either received notice or
a period prescribed or allowed by these rules, acquired actual knowledge that the judgment
by court order, or by statute. The last day of or order was signed.
the period is included, but if that day is a
Saturday, Sunday, or legal holiday, the period 4.3. Periods Affected by Modified Judgment in
extends to the end of the next day that is not Civil Case
a Saturday, Sunday, or legal holiday.
(a) During Plenary-Power Period. If a judgment
(b) Clerk's Office Closed or Inaccessible. If the is modified in any respect while the trial court
act to be done is filing a document, and if the retains plenary power, a period that, under
clerk's office where the document is to be these rules, runs from the date when the
filed is closed or inaccessible during regular judgment is signed will run from the date
hours on the last day for filing the document, when the modified judgment is signed.
the period for filing the document extends to
the end of the next day when the clerk's office (b) After Plenary Power Expires. If the trial court
is open and accessible. The closing or corrects or reforms the judgment under Texas
inaccessibility of the clerk's office may be Rule of Civil Procedure 316 after expiration
proved by a certificate of the clerk or counsel, of the trial court’s plenary power, all periods
by a party's affidavit, or by other satisfactory provided in these rules that run from the date
proof, and may be controverted in the same the judgment is signed run from the date the
manner. corrected judgment is signed for complaints
that would not apply to the original judgment.
4.2. No Notice of Trial Court’s Judgment in Civil
Case 4.4. Periods Affected When Process Served by
Publication
(a) Additional Time to File Documents.
If process was served by publication and if a
(1) In general. If a party affected by a motion for new trial was filed under Texas Rule of
judgment or other appealable order Civil Procedure 329 more than 30 days after the
has not — within 20 days after the judgment was signed, a period that, under these rules,
judgment or order was signed — runs from the date when the judgment is signed will be
either received the notice required computed as if the judgment were signed on the date

2
when the motion for new trial was filed.
Notes and Comments
4.5. No Notice of Judgment or Order of Appellate Comment to 1997 change: This is former Rule 5.
Court; Effect on Time to File Certain Documents. Paragraph 4.1(b) is added. Former paragraph (b)(1) is
omitted because it is covered by other provisions of
(a) Additional Time to File Documents. A party the rules. Former paragraphs (b)(2) and (b)(3) are
may move for additional time to file a omitted because they are duplicative of provisions in
motion for rehearing or en banc the Rules of Civil Procedure, which prescribes the
reconsideration in the court of appeals, a applicable procedure. The phrase “modified, corrected
petition for review, or a petition for or reformed in any respect” in paragraph 4.3(a) is
discretionary review, if the party did not— changed to “modified in any respect,” but no change
until after the time expired for filing the in substance is intended. Former subdivision (e)
document—either receive notice of the regarding notice of judgment by the court of appeals is
judgment or order from the clerk or acquire moved to Rule 12.6. Subdivision 4.5 is revised and
actual knowledge of the rendition of the now makes clear that the court must grant the motion
judgment or order. for additional time if the court finds that the party did
not receive the notice or acquire actual knowledge in
(b) Procedure to Gain Additional Time. The time. Other changes are made throughout the rule.
motion must state the earliest date when the
party or the party's attorney received notice Comment to 2002 change: Subdivision 4.5 is
or acquired actual knowledge that the amended to clarify that a party may obtain additional
judgment or order had been rendered. The time to file documents when the party fails to receive
motion must be filed within 15 days of that notice not only of an appellate court judgment, but of
date but in no event more than 90 days after an appellate court order - such as one denying a motion
the date of the judgment or order. for rehearing - that triggers the appeal period.

(c) Where to File. Comment to 2007 change: Subdivision 4.5 is
changed, consistent with other changes in the rules, to
(1) A motion for additional time to file a specifically address a motion for en banc
motion for rehearing or en banc reconsideration and treat it as a motion for rehearing.
reconsideration in the court of appeals
must be filed in and ruled on by the court
of appeals in which the case is pending. Rule 5. Fees in Civil Cases

(2) A motion for additional time to file a A party who is not excused by statute or these
petition for review must be filed in and rules from paying costs must pay — at the time an item
ruled on by the Supreme Court. is presented for filing — whatever fees are required by
statute or Supreme Court order. The appellate court
(3) A motion for additional time to file a may enforce this rule by any order that is just.
petition for discretionary review must be
filed in and ruled on by the Court of Notes and Comments
Criminal Appeals. Comment to 1997 change: This is former Rule 13.
The rule is simplified. The fees an appellate court may
(d) Order of the Court. If the court finds that charge in a civil case are now specified by Supreme
the motion for additional time was Court order.
timely filed and the party did not—
within the time for filing the motion for Rule 6. Representation by Counsel
rehearing or en banc reconsideration,
petition for review, or petition for 6.1. Lead Counsel
discretionary review, as the case may
be—receive the notice or have actual (a) For Appellant. Unless another attorney is
knowledge of the judgment or order, the designated, lead counsel for an appellant is
court must grant the motion. The time the attorney whose signature first appears on
for filing the document will begin to run the notice of appeal.
on the date when the court grants the
motion. (b) For a Party Other Than Appellant. Unless

3
another attorney is designated, lead counsel being sent notices, copies of documents, or
for a party other than an appellant is the other communications, that attorney may file
attorney whose signature first appears on the a nonrepresentation notice in the appellate
first document filed in the appellate court on court. The notice must:
that party's behalf.
(1) state that the attorney is not representing
(c) How to Designate. The original or a new lead the party on appeal;
counsel may be designated by filing a notice
stating that attorney's name, mailing address, (2) state that the court and other counsel
telephone number, fax number, if any, email should communicate directly with the
address, and State Bar of Texas identification party in the future;
number. If a new lead counsel is being
designated, both the new attorney and either (3) give the party's name and last known
the party or the former lead counsel must sign address and telephone number; and
the notice.
(4) be signed by the party.
6.2. Appearance of Other Attorneys
(b) Appointed Counsel. In a criminal case, an
An attorney other than lead counsel may file a attorney appointed by the trial court to
notice stating that the attorney represents a specified represent an indigent party cannot file a
party to the proceeding and giving that attorney's nonrepresentation notice.
name, mailing address, telephone number, fax
number, if any, and State Bar of Texas identification 6.5. Withdrawal
number. The clerk will note on the docket the
attorney's appearance. When a brief or motion is filed, An appellate court may, on appropriate terms and
the clerk will note on the docket the name of each conditions, permit an attorney to withdraw from
attorney, if not already noted, who appears on the representing a party in the appellate court.
document.
(a) Contents of Motion. A motion for leave to
6.3. To Whom Communications Sent withdraw must contain the following:

Any notice, copies of documents filed in an (1) a list of current deadlines and settings in
appellate court, or other communications must be sent the case;
to:
(2) the party's name and last known address
(a) each party’s lead counsel on appeal; and telephone number;

(b) a party’s lead counsel in the trial court if: (3) a statement that a copy of the motion was
delivered to the party; and
(1) that party was represented by counsel in
the trial court; (4) a statement that the party was notified in
writing of the right to object to the
(2) lead counsel on appeal has not yet been motion.
designated for that party; and
(b) Delivery to Party. The motion must be
(3) lead counsel in the trial court has not delivered to the party in person or mailed —
filed a nonrepresentation notice or been both by certified and by first-class mail — to
allowed to withdraw; the party at the party's last known address.

(c) a party if the party is not represented by (c) If Motion Granted. If the court grants the
counsel. motion, the withdrawing attorney must
immediately notify the party, in writing, of
6.4. Nonrepresentation Notice any deadlines or settings that the attorney
knows about at the time of withdrawal but
(a) In General. If, in accordance with paragraph that were not previously disclosed to the
6.3(b), the lead counsel in the trial court is party. The withdrawing attorney must file a

4
copy of that notice with the court clerk. appellate court may order substitution on
any party's motion at any time.
(d) Exception for Substitution of Counsel. If an
attorney substitutes for a withdrawing 7.2. Public Officers
attorney, the motion to withdraw need not
comply with (a) but must state only the (a) Automatic Substitution of Officer. When a
substitute attorney’s name, mailing address, public officer is a party in an official capacity
telephone number, fax number, if any, and to an appeal or original proceeding, and if
State Bar of Texas identification number. that person ceases to hold office before the
The withdrawing attorney must comply with appeal or original proceeding is finally
(b) but not (c). disposed of, the public officer’s successor is
automatically substituted as a party if
6.6. Agreements of Parties or Counsel appropriate. Proceedings following
substitution are to be in the name of the
To be enforceable, an agreement of parties or their substituted party, but any misnomer that does
counsel concerning an appellate court proceeding not affect the substantial rights of the parties
must be in writing and signed by the parties or their may be disregarded. Substitution may be
counsel. Such an agreement is subject to any appellate ordered at any time, but failure to order
court order necessary to ensure that the case is substitution of the successor does not affect
properly presented. the substitution.

Notes and Comments (b) Abatement. If the case is an original
Comment to 1997 change: Former Rules 7 and proceeding under Rule 52, the court must
57 are merged and substantially revised. Former Rule abate the proceeding to allow the successor to
8 regarding agreements of counsel is included here as reconsider the original party's decision. In all
subdivision 6.6 and the requirement that an agreement other cases, the suit will not abate, and the
be filed and included in the record is deleted. successor will be bound by the appellate
court's judgment or order as if the successor
were the original party.
Rule 7. Substituting Parties
Notes and Comments
7.1. Parties Who Are Not Public Officers Comment to 1997 change: This is former Rule 9.
Former subdivision (a) regarding death of a party in a
(a) Death of a Party. civil case is now subparagraph 7.1(a)(1). Former
subdivision (b) regarding death of a party in a criminal
(1) Civil Cases. If a party to a civil case dies case is now subparagraph 7.1(a)(2). Former
after the trial court renders judgment but subdivision (c) regarding separation of office by
before the case has been finally disposed public officers is now subdivision 7.2. Former
of on appeal, the appeal may be paragraph (c)(3) regarding a successor's liability for
perfected, and the appellate court will costs is omitted as unnecessary. Former subdivision
proceed to adjudicate the appeal as if all (d) regarding substitution for other causes is now
parties were alive. The appellate court's paragraph 7.1(b). Subdivision 7.2 is revised to make it
judgment will have the same force and applicable to all cases in which a public officer is a
effect as if rendered when all parties party, and to make substitution automatic if
were living. The decedent party's name appropriate.
may be used on all papers.

(2) Criminal Cases. If the appellant in a Rule 8. Bankruptcy in Civil Cases
criminal case dies after an appeal is
perfected but before the appellate court 8.1. Notice of Bankruptcy
issues the mandate, the appeal will be
permanently abated. Any party may file a notice that a party is in
bankruptcy. The notice must contain:
(b) Substitution for Other Reasons. If
substitution of a party in the appellate court is (a) the bankrupt party’s name;
necessary for a reason other than death, the

5
(b) the court in which the bankruptcy proceeding
is pending; 9.1. Signing

(c) the bankruptcy proceeding’s style and case (a) Represented Parties. If a party is represented
number; and by counsel, a document filed on that party's
behalf must be signed by at least one of the
(d) the date when the bankruptcy petition was party's attorneys. For each attorney whose
filed. Comment to 2008 change: The name appears on a document as representing
requirement that the bankruptcy notice that party, the document must contain that
contain certain pages of the bankruptcy attorney's State Bar of Texas identification
petition is eliminated, given that electronic number, mailing address, telephone number,
filing is now prevalent in bankruptcy courts fax number, if any, and email address.
and bankruptcy petitions are available
through the federal PACER system. (b) Unrepresented Parties. A party not
represented by counsel must sign any
8.2. Effect of Bankruptcy document that the party files and give the
party’s mailing address, telephone number,
A bankruptcy suspends the appeal and all periods fax number, if any, and email address.
in these rules from the date when the bankruptcy
petition is filed until the appellate court reinstates or (c) Electronic Signatures. A document that
severs the appeal in accordance with federal law. A is electronically served, filed, or issued by a
period that began to run and had not expired at the time court or clerk is considered signed if the
the proceeding was suspended begins anew when the document includes:
proceeding is reinstated or severed under 8.3. A
document filed by a party while the proceeding is (1) a "/s/" and name typed in the space where
suspended will be deemed filed on the same day, but the signature would otherwise appear,
after, the court reinstates or severs the appeal and will unless the document is notarized or
not be considered ineffective because it was filed sworn; or
while the proceeding was suspended.
(2) an electronic image or scanned image of
8.3. Motion to Reinstate or Sever Appeal the signature.
Suspended by Bankruptcy

(a) Motion to Reinstate. If a case has been 9.2. Filing
suspended by a bankruptcy filing, a party
may move that the appellate court reinstate (a) With Whom. A document is filed in an
the appeal if permitted by federal law or the appellate court by delivering it to:
bankruptcy court. If the bankruptcy court has
lifted or terminated the stay, a certified copy (1) the clerk of the court in which the
of the order must be attached to the motion. document is to be filed; or

(b) Motion to Sever. A party may move to sever (2) a justice or judge of that court who is
the appeal with respect to the bankrupt party willing to accept delivery. A justice or
and to reinstate the appeal with respect to the judge who accepts delivery must note on
other parties. The motion must show that the the document the date and time of
case is severable and must comply with delivery, which will be considered the
applicable federal law regarding severance of time of filing, and must promptly send it
a bankrupt party. The court may proceed to the clerk.
under this paragraph on its own initiative.
(b) Filing by Mail.
Notes and Comments
(1) Timely Filing. A document received
Comment to 1997 change: This is a new rule. within ten days after the filing deadline
is considered timely filed if:

Rule 9. Documents Generally (A) it was sent to the proper clerk by

6
United States Postal Service or a particular case.
commercial delivery service;
(4) Timely Filing. Unless a document must
(B) it was placed in an envelope or be filed by a certain time of day, a
wrapper properly addressed and document is considered timely filed if it
stamped; and is electronically filed at any time before
midnight (in the court's time zone) on the
(C) it was deposited in the mail or filing deadline. An electronically filed
delivered to a commercial delivery document is deemed filed when
service on or before the last day for transmitted to the filing party's electronic
filing. filing service provider, except:

(2) Proof of Mailing. Though it may (A) if a document is transmitted on a
consider other proof, the appellate court Saturday, Sunday, or legal holiday,
will accept the following as conclusive it is deemed filed on the next day
proof of the date of mailing: that is not a Saturday, Sunday, or
legal holiday; and
(A) a legible postmark affixed by the
United States Postal Service; (B) if a document requires a motion and
an order allowing its filing, the
(B) a receipt for registered or certified document is deemed filed on the
mail if the receipt is endorsed by the date the motion is granted.
United States Postal Service;
(5) Technical Failure. If a document is
(C) a certificate of mailing by the United untimely due to a technical failure or a
States Postal Service; or system outage, the filing party may seek
appropriate relief from the court.
(D) a receipt endorsed by the
commercial delivery service. (6) Confirmation of Filing. The electronic
filing manager will send a filing
(c) Electronic Filing. confirmation notice to the filing party.

(1) Requirement. Attorneys in civil cases (7) Electronic Notices From the Court. The
must electronically file documents. clerk may send notices, orders, or other
Attorneys in criminal cases must communications about the case to the
electronically file documents except for party electronically. A court seal may be
good cause shown in a motion filed in electronic.
the appellate court. Unrepresented
parties in civil and criminal cases may 9.3. Number of Copies
electronically file documents, but it is
not required. (a) Courts of Appeals.

(2) Mechanism. Electronic filing must be (1) Document Filed in Paper Form. If a
done through the electronic filing document is not electronically filed, a
manager established by the Office of party must file the original and one
Court Administration and an electronic unbound copy of the document unless
filing service provider certified by the otherwise required by local rule. The
Office of Court Administration. unbound copy of an appendix must
contain a separate page before each
(3) Exceptions. Documents filed under seal, document and must not include tabs that
subject to a pending motion to seal, or to extend beyond the edge of the page.
which access is otherwise restricted by
law or court order must not be (2) Electronically Filed Document.
electronically filed. For good cause, an Unless required by local rule, a party
appellate court may permit a party to file need not file a paper copy of an
other documents in paper form in a electronically filed document.

7
inch margins on both sides and at the top and
(b) Supreme Court and Court of Criminal bottom.
Appeals.
(d) Spacing. Text must be double-spaced, but
(1) Document Filed in Paper Form. If a footnotes, block quotations, short lists, and
document is not electronically filed, a issues or points of error may be single-
party must file the original and 11 copies spaced.
of any document addressed to either the
Supreme Court or the Court of Criminal (e) Typeface. A document produced on a
Appeals, except that in the Supreme computer must be printed in a conventional
Court only an original and one copy must typeface no smaller than 14-point except for
be filed of any motion, response to the footnotes, which must be no smaller than 12-
motion, and reply in support of the point. A typewritten document must be
motion, and in the Court of Criminal printed in standard 10-character-per-inch
Appeals, only the original must be filed (cpi) monospaced typeface.
of a motion for extension of time or a
response to the motion, or a pleading (f) Binding and Covering. A paper document
under Code of Criminal Procedure must be bound so as to ensure that it will not
article 11.07. lose its cover or fall apart in regular use. A
paper document should be stapled once in the
(2) Electronically Filed Document. Paper top left-hand corner or be bound so that it will
copies of each document that is lie flat when open. A paper petition or brief
electronically filed with the Supreme should have durable front and back covers
Court or the Court of Criminal Appeals which must not be plastic or be red, black, or
must be mailed or hand- delivered to the dark blue.
Supreme Court or the Court of Criminal
Appeals, as appropriate, within three (g) Contents of Cover. A document's front cover,
business days after the document is if any, must contain the case style, the case
electronically filed. The number of number, the title of the document being filed,
paper copies required shall be the name of the party filing the document,
determined, respectively, by order of the and the name, mailing address, telephone
Supreme Court or the Court of Criminal number, fax number, if any, email address,
Appeals. and State Bar of Texas identification number
of the lead counsel for the filing party. If a
(c) Exception for Record. Only the original party requests oral argument in the court of
record need be filed in any proceeding. appeals, the request must appear on the front
cover of that party’s first brief.
9.4. Form
(h) Appendix and Original Proceeding Record.
Except for the record, a document filed with an A appendix may be bound either with the
appellate court, including a paper copy of an document to which it is related or separately.
electronically filed document, must — unless the court If separately bound, the appendix must
accepts another form in the interest of justice — be in comply with paragraph (f). A paper record in
the following form: an original proceeding or a paper appendix
must be tabbed and indexed. An
(a) Printing. A document may be produced by electronically filed record in an original
standard typographic printing or by any proceeding or an electronically filed
duplicating process that produces a distinct appendix that includes more than one item
black image. Printing must be on one side of must contain bookmarks to assist in locating
the paper. each item.

(b) Paper Type and Size. The paper on which (i) Length.
a document is produced must be 8a/2 by 11
inches, white or nearly white, and opaque. (1) Contents Included and Excluded.
In calculating the length of a document,
(c) Margins. Documents must have at least one- every word and every part of the

8
document, including headings, reply to a response to a petition in an
footnotes, and quotations, must be original proceeding in the Supreme
counted except the following: caption, Court, and a reply to a response to a
identity of parties and counsel, statement petition for discretionary review in
regarding oral argument, table of the Court of Criminal Appeals:
contents, index of authorities, statement 2,400 words if computer-generated,
of the case, statement of issues and 8 pages if not.
presented, statement of jurisdiction,
statement of procedural history, (3) Certificate of Compliance. A computer-
signature, proof of service, certification, generated document that is subject to a
certificate of compliance, and appendix. word limit under this rule must include a
certificate by counsel or an
(2) Maximum Length. The documents unrepresented party stating the number
listed below must not exceed the of words in the document. The person
following limits: certifying may rely on the word count of
the computer program used to prepare
(A) A brief and response in a direct the document.
appeal to the Court of Criminal
Appeals in a case in which the death (4) Extensions. A court may, on motion,
penalty has been assessed: 37,500 permit a document that exceeds the
words if computer- generated, and prescribed limit.
125 pages if not.
(j) Electronically Filed Documents. An
(B) A brief and response in an appellate electronically filed document must:
court (other than a brief under
subparagraph (A)) and a petition (1) be in text-searchable portable
and response in an original document format (PDF);
proceeding in the court of appeals:
15,000 words if computer- (2) be directly converted to PDF
generated, and 50 pages if not. In a rather than scanned, if possible;
civil case in the court of appeals, the
aggregate of all briefs filed by a (3) not be locked;
party must not exceed 27,000 words
if computer- generated, and 90 (4) be combined with any appendix
pages if not. into one computer file, unless that
file would exceed the size limit
(C) A reply brief in an appellate court prescribed by the electronic filing
and a reply to a response to a manager; and
petition in an original proceeding in
the court of appeals: 7,500 words if (5) otherwise comply with the
computer- generated, and 25 pages Technology Standards set by the
if not. Judicial Committee on Information
Technology and approved by the
(D) A petition and response in an Supreme Court.
original proceeding in the Supreme
Court, a petition for review and (k) Nonconforming Documents. If a document
response in the Supreme Court, a fails to conform with these rules, the court
petition for discretionary review and may strike the document or identify the error
response in the Court of Criminal and permit the party to resubmit the
Appeals, and a motion for rehearing document in a conforming format by a
and response in an appellate court: specified deadline.
4,500 words if computer- generated,
and 15 pages if not. 9.5. Service

(E) A reply to a response to a petition (a) Service of All Documents Required. At or
for review in the Supreme Court, a before the time of a document's filing, the

9
filing party must serve a copy on all parties to filed promptly.
the proceeding. Service on a party
represented by counsel must be made on that (e) Certificate Requirements. A certificate of
party’s lead counsel. Except in original service must be signed by the person who
proceedings, a party need not serve a copy of made the service and must state:
the record.
(1) the date and manner of service;
(b) Manner of Service.
(2) the name and address of each person
(1) Documents Filed Electronically. A served; and
document filed electronically under Rule
9.2 must be served electronically (3) if the person served is a party's attorney,
through the electronic filing manager if the name of the party represented by that
the email address of the party or attorney attorney.
to be served is on file with the electronic
filing manager. If the email address of 9.6. Communications With the Court
the party or attorney to be served is not
on file with the electronic filing Parties and counsel may communicate with the
manager, the document may be served appellate court about a case only through the clerk.
on that party or attorney under
subparagraph (2). 9.7. Adoption by Reference

(2) Documents Not Filed Electronically. A Any party may join in or adopt by reference all or
document that is not filed electronically any part of a brief, petition, response, motion, or other
may be served in person, by mail, by document filed in an appellate court by another party
commercial delivery service, by fax, or in the same case.
by email. Personal service includes
delivery to any responsible person at the 9.8. Protection of Minor's Identity in Parental-
office of the lead counsel for the party Rights Termination Cases and Juvenile Court
served. Cases

(c) When Complete. (a) Alias Defined. For purposes of this rule, an
alias means one or more of a person's initials
(1) Service by mail is complete on mailing. or a fictitious name, used to refer to the
person.
(2) Service by commercial delivery service
is complete when the document is placed (b) Parental-Rights Termination Cases. In an
in the control of the delivery service. appeal or an original proceeding in an
appellate court, arising out of a case in which
(3) Service by fax is complete on receipt. the termination of parental rights was at
issue:
(4) Electronic service is complete on
transmission of the document to the (1) except for a docketing statement, in all
serving party's electronic filing service papers submitted to the court, including
provider. The electronic filing manager all appendix items submitted with a
will send confirmation of service to the brief, petition, or motion:
serving party.
(A) a minor must be identified only by
(d) Proof of Service. A document presented for an alias unless the court orders
filing must contain a proof of service in the otherwise;
form of either an acknowledgment of service
by the person served or a certificate of (B) the court may order that a minor's
service. Proof of service may appear on or be parent or other family member be
affixed to the filed document. The clerk may identified only by an alias if
permit a document to be filed without proof necessary to protect a minor's
of service, but will require the proof to be identity; and

10
when the underlying suit was filed.
(C) all documents must be redacted
accordingly; (b) Filing of Documents Containing Sensitive
Data Prohibited. Unless the inclusion of
(2) the court must, in its opinion, use an alias sensitive data is specifically required by a
to refer to a minor, and if necessary to statute, court rule, or administrative
protect the minor's identity, to the regulation, an electronic or paper document
minor's parent or other family member. containing sensitive data may not be filed
with a court unless the sensitive data is
(c) Juvenile Court Cases. In an appeal or an redacted, except for the record in an appeal
original proceeding in an appellate court, under Section Two.
arising out of a case under Title 3 of the
Family Code: (c) Redaction of Sensitive Data; Retention
Requirement. Sensitive data must be redacted
(1) except for a docketing statement, in all by using the letter "X" in place of each
papers submitted to the court, including omitted digit or character or by removing the
all appendix items submitted with a sensitive data in a manner indicating that the
brief, petition, or motion: data has been redacted. The filing party must
retain an unredacted version of the filed
(A) a minor must be identified only by document during the pendency of the appeal
an alias; and any related proceedings filed within six
months of the date the judgment is signed.
(B) a minor's parent or other family
member must be identified only by (d) Notice to Clerk. If a document must
an alias; and contain sensitive data, the filing party must
notify the clerk by:
(C) all documents must be redacted
accordingly; (1) designating the document as
containing sensitive data when the
(2) the court must, in its opinion, use an alias document is electronically filed; or
to refer to a minor and to the minor's
parent or other family member. (2) if the document is not electronically
filed, by including, on the upper left-
(d) No Alteration of Appellate Record. Nothing hand side of the first page, the phrase:
in this rule permits alteration of the original "NOTICE: THIS DOCUMENT
appellate record except as specifically CONTAINS SENSITIVE DATA."
authorized by court order.
(e) Restriction on Remote Access. Documents
9.9 Privacy Protection for Documents Filed in that contain unredacted sensitive data in
Civil Cases. violation of this rule must not be posted on
the Internet.
(a) Sensitive Data Defined. Sensitive data
consists of: Notes and Comments

(1) a driver's license number, passport Comment to 1997 change: This is former Rule
number, social security number, tax 4. Subdivision 9.4, prescribing the form of documents
identification number or similar filed in the appellate courts, is changed and the form
government-issued personal to be used is stated in significantly more detail.
identification number; Former subdivisions (f) and (g), regarding service of
documents, are merged into subdivision 9.5. Former
(2) a bank account number, credit card Rule 6 is included as subdivision 9.6, but no
number, or other financial account substantive change is made. Other changes are made
number; and throughout the rule. Electronic filing is authorized by
§§ 51.801-.807 of the Government Code.
(3) a birth date, a home address, and the
name of any person who was a minor Comment to 2002 change: The change [to Rule

11
9.5(a)] clarifies that the filing party must serve a copy appellate courts, effective January 1, 2014. In
of the document filed on all other parties, not only in addition, Rule 9.9 is added to provide privacy
an appeal or review, but in original proceedings as protection for all documents, both paper and
well. The rule applies only to filing parties. Thus, electronic, filed in civil cases in appellate courts.
when the clerk or court reporter is responsible for
filing the record, as in cases on appeal, a copy need not 9.10 Privacy Protection for Documents Filed in
be served on the parties. The rule for original civil Criminal Cases.
proceedings, in which a party is responsible for filing
the record, is stated in subdivision 52.7. (a) Sensitive Data Defined. Sensitive data
consists of:
Subdivision 9.7 is added to provide express
authorization for the practice of adopting by reference (1) a driver's license number, passport
all or part of another party's filing. number, social security number, tax
identification number or similar
Comment to 2008 change: Subdivision 9.3 is government-issued personal
amended to reduce the number of copies of a motion identification number;
for extension of time or response filed in the Supreme
Court. Subdivision 9.8 is new. To protect the privacy (2) bank account number, credit card
of minors in suits affecting the parent-child number, and other financial account
relationship (SAPCR), including suits to terminate number;
parental rights, Section 109.002(d) of the Family Code
authorizes appellate courts, in their opinions, to (3) a birth date, a home address, and the
identify parties only by fictitious names or by initials. name of any person who was a minor at
Similarly, Section 56.01(j) of the Family Code the time the offense was committed.
prohibits identification of a minor or a minor's family
in an appellate opinion related to juvenile court (b) Redacted Filings. Unless a court orders
proceedings. But as appellate briefing becomes more otherwise, an electronic or paper filing with
widely available through electronic media sources, the court, including the contents of any
appellate courts' efforts to protect minors' privacy by appendices, must not contain sensitive data.
disguising their identities in appellate opinions may be
defeated if the same children are fully identified in (c) Exemptions from the Redaction Requirement.
briefs and other court papers available to the public. The redaction requirement does not apply to
The rule provides protection from such disclosures. the following:
Any fictitious name should not be pejorative or
suggest the person's true identity. The rule does not (1) A court filing that is related to a criminal
limit an appellate court's authority to disguise parties' matter or investigation and that is
identities in appropriate circumstances in other cases. prepared before the filing of a criminal
Although appellate courts are authorized to enforce the charge or is not filed as part of any
rule's provisions requiring redaction, parties and amici docketed criminal case;
curiae are responsible for ensuring that briefs and
other papers submitted to the court fully comply with (2) An arrest or search warrant;
the rule.
(3) A charging document and an affidavit
Comment to 2012 Change: Rule 9 is revised to filed in support of any charging
consolidate all length limits and establish word limits document;
for documents produced on a computer. All
documents produced on a computer must comply with (4) A defendant’s date of birth;
the word limits. Page limits are retained for documents
that are typewritten or otherwise not produced on a (5) A defendant’s address; and
computer.
(6) Any government issued number
Comment to 2013 Change: Rule 9 is revised to intended to identify the defendant
incorporate rules for electronic filing, in accordance associated with a criminal filing, except
with the Supreme Court's order - Misc. Docket No. 12- for the defendant’s social security
9206, amended by Misc. Docket Nos. 13-9092 and 13- number or driver’s license number.
9164 - mandating electronic filing in civil cases in

12
(d) Redaction procedures. Sensitive data must be sealed container if the sealed material is filed
redacted by using the letter “X” in place of in paper form, or be the first document that
each omitted digit or character or by appears if filed in electronic form. Sealed
removing the sensitive data in a manner portions of the clerk's and reporter's records
indicating that the data has been redacted. should be clearly marked and separated from
The filer must retain an unredacted version of unsealed portions and tendered as separate
the filed document during the pendency of records, whether in paper form or electronic
the appeal and any related proceedings filed form. Sealed material shall not be available
within three years of the date the judgment is either on the internet or in other form without
signed. If a district court clerk or appellate court order.
court clerk discovers unredacted sensitive
data in the record, the clerk shall notify the (h) Waiver of Protection of Identifiers. A person
parties and seek a ruling from the court. waives the protection of this rule as to a
person’s own information by filing it without
(e) Certification. The filing of a document redaction and not under seal.
constitutes a certification by the filer that the
document complies with paragraphs (a) and Rule 10. Motions in the Appellate Courts
(b) of this rule.
10.1. Contents of Motions; Response
(f) Reference List. If a filer believes any
information described in paragraph (a) of this (a) Motion. Unless these rules prescribe another
rule is essential to a document or that the form, a party must apply by motion for an
document would be confusing without the order or other relief. The motion must:
information, the filer may submit the
information to the court in a reference list that (1) contain or be accompanied by any matter
is in paper form and under seal. The reference specifically required by a rule governing
list must specify an appropriate identifier that such a motion;
corresponds uniquely to each item listed. Any
reference in the document to a listed (2) state with particularity the grounds on
identifier will be construed to refer to the which it is based;
corresponding item of information. If the filer
provides a reference list pursuant to this rule, (3) set forth the order or relief sought;
the front page of the document containing the
redacted information must indicate that the (4) be served and filed with any brief,
reference list has been, or will be, provided. affidavit, or other paper filed in support
On its own initiative, the court may order a of the motion; and
sealed reference list in any case.
(5) in civil cases, except for motions for
(g) Sealed materials. Materials that are required rehearing and en banc reconsideration,
by statute to be sealed, redacted, or kept contain or be accompanied by a
confidential, such as the items set out in certificate stating that the filing party
Articles 35.29 (Personal Information About conferred, or made a reasonable attempt
Jurors), 38.45 (Evidence Depicting or to confer, with all other parties about the
Describing Abuse of or Sexual Conduct by merits of the motion and whether those
Child or Minor), and 42.12, § 9(j), must be parties oppose the motion.
treated in accordance with the pertinent
statutes and shall not be publicly available on (b) Response. A party may file a response to a
the internet. A court may also order that a motion at any time before the court rules on
document be filed under seal in paper form or the motion or by any deadline set by the
electronic form, without redaction. The court court. The court may determine a motion
may later unseal the document or order the before a response is filed.
filer to provide a redacted version of the
document for the public record. If a court 10.2. Evidence on Motions
orders material sealed, whether it be sensitive
data or other materials, the court's sealing A motion need not be verified unless it depends
order must be affixed to the outside of the on the following types of facts, in which case the

13
motion must be supported by affidavit or other Record. A motion relating to informalities in
satisfactory evidence. The types of facts requiring the manner of bringing a case into court must
proof are those that are: be filed within 30 days after the record is filed
in the court of appeals. The objection, if
(a) not in the record; waivable, will otherwise be deemed waived.

(b) not within the court's knowledge in its official (b) Motions to Extend Time.
capacity; and
(1) Contents of Motion in General. All
(c) not within the personal knowledge of the motions to extend time, except a motion
attorney signing the motion. to extend time for filing a notice of
appeal, must state:
10.3. Determining Motions
(A) the deadline for filing the item in
(a) Time for Determination. A court should not question;
hear or determine a motion until 10 days after
the motion was filed, unless: (B) the length of the extension sought;

(1) the motion is to extend time to file a (C) the facts relied on to reasonably
brief, a petition for review, or a explain the need for an extension;
petition for discretionary review; and

(2) the motion states that the parties have (D) the number of previous extensions
conferred and that no party opposes the granted regarding the item in
motion; or question.

(3) the motion is an emergency. (2) Contents of Motion to Extend Time to
File Notice of appeal. A motion to
(b) Reconsideration. If a motion is determined extend the time for filing a notice of
prematurely, any party adversely affected appeal must:
may request the court to reconsider its order.
(A) comply with (1)(A) and (C);
10.4. Power of Panel or Single Justice or Judge to
Entertain Motions (B) identify the trial court;

(a) Single Justice. In addition to the authority (C) state the date of the trial court’s
expressly conferred by these rules or by law, judgment or appealable order; and
a single justice or judge of an appellate court
may grant or deny a request for relief that (D) state the case number and style of
these rules allow to be sought by motion. But the case in the trial court.
in a civil case, a single justice should not do
the following: (3) Contents of motion to extend time to file
petition for review or petition for
(1) act on a petition for an extraordinary discretionary review. A motion to
writ; or extend time to file a petition for review
or petition for discretionary review must
(2) dismiss or otherwise determine an also specify:
appeal or a motion for rehearing.
(A) the court of appeals;
(b) Panel. An appellate court may provide, by
order or rule, that a panel or the full court (B) the date of the court of appeals’
must act on any motion or class of motions. judgment;

10.5. Particular Motions (C) the case number and style of the
case in the court of appeals; and
(a) Motions Relating to Informalities in the

14
(D) the date every motion for rehearing
or en banc reconsideration was (c) disclose the source of any fee paid or to be
filed, and either the date and nature paid for preparing the brief; and
of the court of appeals' ruling on the
motion, or that it remains pending. (d) certify that copies have been served on all
parties.
(c) Motions to Postpone Argument. Unless all
parties agree, or unless sufficient cause is Notes and Comments
apparent to the court, a motion to postpone
argument of a case must be supported by Comment to 1997 change: This is former Rule 20.
sufficient cause. The rule is rewritten and now requires disclosure of
the identity of the person or entity on whose behalf the
Notes and Comments brief is filed, and the source of any fee paid.

Comment to 1997 change: This is former Rule 19. Comment to 2002 change: The change expressly
Under subdivision 10.1, a response may be filed at any recognizes that a court may refuse to consider an
time before the court rules on the motion. The amicus curiae brief for good cause.
provision of former subdivision (b) regarding
docketing motions is incorporated in Rule 12.2. The
provision of former subdivision (b) for noting Rule 12. Duties of Appellate Clerk
attorneys’ names on the docket is incorporated in Rule
6.2. Former subdivision (c), requiring the clerk to 12.1. Docketing the Case
send notices of the filing of motions is deleted as
unnecessary because the parties must serve all motions On receiving a copy of the notice of appeal, the
under Rule 9.5. Subdivision 10.2 is amended to petition for review, the petition for discretionary
eliminate the requirement of an oath where the facts review, the petition in an original proceeding, or a
are within the personal knowledge of the attorney. certified question, the appellate clerk must:
Subdivision 10.5 is new and incorporates the
provisions of other rules concerning motions, as (a) endorse on the document the date of receipt;
follows: 10.5(a) from former Rule 71; 10.5(b) from
former Rules 73, 130(d), and 160; and 10.5(c) from (b) collect any filing fee;
former Rule 70. Other changes are made.
(c) docket the case;
Comment to 2008 change: It happens so
infrequently that a non-movant does not oppose a (d) notify all parties of the receipt of the
motion for rehearing or en banc reconsideration that document; and
such motions are excepted from the certificate-of-
conference requirement in Subdivision 10.1(a)(5). (e) if the document filed is a petition for review
Subdivision 10.2 is revised to clarify that facts filed in the Supreme Court, notify the court
supporting a motion need not be verified by the filer if of appeals clerk of the filing of the petition.
supporting evidence is in the record, the facts are
known to the court, or the filer has personal knowledge 12.2. Docket Numbers
of them. Subdivision 10.5(b)(3)(D) is added.
The clerk must put the case's docket number on
each item received in connection with the case and
Rule 11. Amicus Curiae Briefs must put the docket number on the envelope in which
the record is stored.
An appellate clerk may receive, but not file, an
amicus curiae brief. But the court for good cause may (a) Numbering System. Each case filed in a court
refuse to consider the brief and order that it be of appeals must be assigned a docket number
returned. An amicus curiae brief must: consisting of the following four parts,
separated by hyphens:
(a) comply with the briefing rules for parties;
(1) the number of the court of appeals
(b) identify the person or entity on whose behalf district;
the brief is tendered;

15
(2) the last two digits of the year in which clerk’s office;
the case is filed;
(g) if the court allows an original document or
(3) the number assigned to the case; and exhibit to be taken by a party and it is not
returned, the court may accept the opposing
(4) the designation “CV” for a civil case or party’s statement concerning the document’s
“CR” for a criminal case. or exhibit’s nature and contents;

(b) Numbering Order. Each case must be (h) withdrawn material must not be removed
docketed in the order of its filing. from the court’s jurisdiction; and

(c) Multiple Notices of Appeal. All notices of (i) the court may, on the motion of any party or
appeal filed in the same case must be given its own initiative, modify any of these
the same docket number. conditions.

(d) Appeals Not Yet Filed. A motion relating to 12.5. Clerk's Duty to Account
an appeal that has been perfected but not yet
filed must be docketed and assigned a docket The clerk of an appellate court who receives
number that will also be assigned to the money due another court must promptly pay the
appeal when it is filed. money to the court to whom it is due. This rule is
enforceable by the Supreme Court.
12.3. Custody of Papers
12.6. Notices of Court’s Judgments and Orders
The clerk must safeguard the record and every
other item filed in a case. If the record or any part of it In any proceeding, the clerk of an appellate court
or any other item is missing, the court will make an must promptly send a notice of any judgment, mandate
order for the replacement of the record or item that is or other court order to all parties to the proceeding.
just under the circumstances.
Notes and Comments
12.4. Withdrawing Papers
Comment to 1997 change: This is former Rule 18.
The clerk may permit the record or other filed Former subdivision (b), regarding the preparation of
item to be taken from the clerk’s office at any time, on the record, is moved to the order concerning the
the following conditions: preparation of the appellate record. Former Rule 14,
which is revised and simplified, is relocated here as
(a) the clerk must have a receipt for the record or subdivision 12.5. Subdivision 12.6, requiring the clerk
item; to send a notice of any order or judgment of an
appellate court, is added. Other changes are made.
(b) the clerk should make reasonable conditions
to ensure that the withdrawn record or item is Comment to 2002 change: Subdivision 12.6 is
preserved and returned; amended to require the clerk to notify the parties of all
of the court's rulings, including the mandate.
(c) the clerk may demand the return of the record
or item at any time;
Rule 13. Court Reporters and Court Recorders
(d) after the case is submitted to the court and
before the court’s decision, the record cannot 13.1. Duties of Court Reporters and Recorders
be withdrawn;
The official court reporter or court recorder must:
(e) after the court’s decision, the losing party
must be given priority in withdrawing the (a) unless excused by agreement of the parties,
record; attend court sessions and make a full record
of the proceedings;
(f) the clerk may not allow original documents
filed under Rule 34.5(f) or original exhibits (b) take all exhibits offered in evidence during a
filed under Rule 34.6(g) to be taken from the proceeding and ensure that they are marked;

16
before the court take preference over other work.
(c) file all exhibits with the trial court clerk after
a proceeding ends; 13.4. Report of Reporters

(d) perform the duties prescribed by Rules 34.6 To aid the trial court in setting priorities under
and 35; and 13.3, each court reporter must give the trial court a
monthly written report showing the amount and nature
(e) perform other acts relating to the reporter's of the business pending in the reporter's office. A copy
or recorder's official duties, as the trial court of this report must be filed with the appellate clerk of
directs. each district in which the court sits.

13.2. Additional Duties of Court Recorder 13.5. Appointing Deputy Reporter

The official court recorder must also: When the official court reporter is unable to
perform the duties in 13.1 or 13.2 because of illness,
(a) ensure that the recording system functions press of official work, or unavoidable absence or
properly throughout the proceeding and that disability, the trial court may designate a deputy
a complete, clear, and transcribable recording reporter. If the court appoints a deputy reporter, that
is made; person must file with the trial court clerk a document
stating:
(b) make a detailed, legible log of all proceedings
being recorded, showing: (a) the date the deputy worked;

(1) the number and style of the case before (b) the court in which the deputy worked; and
the court;
(c) the number and style of the case on which the
(2) the name of each person speaking; deputy worked.

(3) the event being recorded such as the voir 13.6. Filing of Notes in a Criminal Case
dire, the opening statement, direct and
cross- examinations, and bench When a defendant is convicted and sentenced, or
conferences; is granted deferred adjudication for a felony other that
a state jail felony, and does not appeal, the court
(4) each exhibit offered, admitted, or reporter must — within 20 days after the time to
excluded; perfect the appeal has expired — file the untranscribed
notes or the original recording of the proceeding with
(5) the time of day of each event; and the trial court clerk. The trial court clerk need not
retain the notes beyond 15 years of their filing date.
(6) the index number on the recording
device showing where each event is Notes and Comments
recorded;
Comment to 1997 change: Former Rules 11 and
(c) after a proceeding ends, file with the clerk 12 are merged. Former Rules 11(a), (c) and (d) now
the original log; appear as subdivisions 13.1, 13.5 and 13.6. Former
Rule 11(b) is omitted as unnecessary. The provisions
(d) have the original recording stored to ensure of former Rule 12(a) are moved to Rule 35.3. Former
that it is preserved and is accessible; and Rules 12(b) and (c) now appear as subdivisions 13.3
and 13.4. The rule is made to apply to court recorders
(e) ensure that no one gains access to the original as well as court reporters. Paragraph 13.1(a) merges
recording without the court's written order. paragraphs (a)(1) and (2) of former Rule 11, and now
requires the reporter to make a record of voir dire and
13.3. Priorities of Reporters closing argument unless excused by agreement of the
parties. Paragraph 13.1(b) is new, but codifies current
The trial court must help ensure that the court practice. Subdivision 13.2 is new and specifies rules
reporter's work is timely accomplished by setting work for electronic recording of proceedings. A provision
priorities. The reporter's duties relating to proceedings requiring a deputy court reporter to file with the trial

17
court clerk a document identifying the proceedings in argument, the response should state the injury
which the reporter worked is included in paragraph that will allegedly result from coverage.
13.5. Other changes are made.
(c) Court May Shorten Time. The court may, in
Comment to 2002 change: Subdivision 13.1(a) is the interest of justice, shorten the time for
amended merely for clarification. filing a document under this rule if no party
or interested person would be unduly
prejudiced.
Rule 14. Recording and Broadcasting Court
Proceedings (d) Decision of Court. In deciding whether to
allow coverage, the court may consider
14.1. Recording and Broadcasting Permitted information known ex parte to the court. The
court may allow, deny, limit, or terminate
An appellate court may permit courtroom coverage for any reason the court considers
proceedings to be broadcast, televised, recorded, or necessary or appropriate, such as protecting
photographed in accordance with this rule. the parties' rights or the dignity of the court
and ensuring the orderly conduct of the
14.2. Procedure proceedings.

(a) Request to Cover Court Proceeding. 14.3. Equipment and Personnel

(1) A person wishing to broadcast, televise, The court may, among other things:
record, or photograph a court proceeding
must file with the court clerk a request to (a) require that a person seeking to cover a
cover the proceeding. The request must proceeding demonstrate or display the
state: equipment that will be used;

(A) the case style and number; (b) prohibit equipment that produces distracting
sound or light;
(B) the date and time when the
proceeding is to begin; (c) prohibit signal lights or devices showing
when equipment is operating, or require their
(C) the name of the requesting person concealment;
or organization;
(d) prohibit moving lights, flash attachments, or
(D) the type of coverage requested (for sudden lighting changes;
example, televising or
photographing); and (e) require the use of the courtroom's existing
video, audio, and lighting systems, if any;
(E) the type and extent of equipment to
be used. (f) specify the placement of personnel and
equipment;
(2) A request to cover argument of a case
must be filed no later than five days (g) determine the number of cameras to be
before the date the case is set for allowed in the courtroom; and
argument and must be served on all
parties to the case. A request to cover any (h) require pooling of equipment if more than
other proceeding must be filed no later one person wishes to cover a proceeding.
than two days before the date when the
proceeding is to begin. 14.4. Enforcement

(b) Response. Any party may file a response to The court may sanction a violation of this rule by
the request. If the request is to cover measures that include barring a person or organization
argument, the response must be filed no later from access to future coverage of proceedings in that
than two days before the date set for court for a defined period.
argument. If a party objects to coverage of the

18
Notes and Comments
The grounds for disqualification of an appellate
Comment to 1997 change: This is former Rule 21. court justice or judge are determined by the
The rule is rewritten and now allows recording and Constitution and laws of Texas.
broadcasting of court proceedings at the discretion of
the court and subject to the stated guidelines. 16.2. Grounds for Recusal

The grounds for recusal of an appellate court
Rule 15. Issuance of Writ or Process by Appellate justice or judge are the same as those provided in the
Court Rules of Civil Procedure. In addition, a justice or
judge must recuse in a proceeding if it presents a
15.1. In General material issue which the justice or judge participated
in deciding while serving on another court in which
(a) Signature Under Seal. A writ or process the proceeding was pending.
issuing from an appellate court must bear the
court's seal and be signed by the clerk. 16.3. Procedure for Recusal

(b) To Whom Directed; by Whom Served. Unless (a) Motion. A party may file a motion to recuse
a rule or statute provides otherwise, the writ a justice or judge before whom the case is
or process must be directed to the person or pending. The motion must be filed promptly
court to be served. The writ or process may after the party has reason to believe that the
be served by the sheriff, constable, or other justice or judge should not participate in
peace officer whose jurisdiction includes the deciding the case.
county in which the person or court to be
served may be found. (b) Decision. Before any further proceeding in
the case, the challenged justice or judge must
(c) Return; Lack of Execution; Simultaneous either remove himself or herself from all
Writs. The writ or process must be returned participation in the case or certify the matter
to the issuing court according to the writ's to the entire court, which will decide the
direction. If the writ or process is not motion by a majority of the remaining judges
executed, the clerk may issue another writ or sitting en banc. The challenged justice or
process if requested by the party who judge must not sit with the remainder of the
requested the former writ or process. At a court to consider the motion as to him or her.
party's request, the clerk may issue two or
more writs simultaneously. (c) Appeal. An order of recusal is not reviewable,
but the denial of a recusal motion is
15.2. Appearance Without Service; Actual reviewable.
Knowledge
Notes and Comments
A party who appears in person or by attorney in
an appellate court proceeding — or who has actual Comment to 1997 change: Former Rules 15 and
knowledge of the court's opinion, judgment, or order 15a are merged. Former Rule 15a appears as
related to a writ or process — is bound by the opinion, subdivision 16.2. For grounds for disqualification,
judgment, or order to the same extent as if personally reference is made to the Constitution and statutes
served under 15.1. rather than the Rules of Civil Procedure. The
procedure for disqualification is not specified. The
Notes and Comments nature of prior participation in a proceeding that
requires recusal is clarified. Former subdivision (b) of
Comment to 1997 change: This is former Rule 17. Rule 15, requiring service of the motion, is omitted as
Nonsubstantive changes are made. unnecessary. The remaining subdivisions of former
Rule 15 are contained in subdivision 16.3. Other
changes are made.
Rule 16. Disqualification or Recusal of Appellate
Judges
Rule 17. Court of Appeals Unable to Take
16.1. Grounds for Disqualification Immediate Action

19
(B) no timely filed motion to extend
17.1. Inability to Act time to file a petition for review or
petition for discretionary review is
A court of appeals is unable to take immediate pending; and
action if it cannot — within the time when action must
be taken — assemble a panel because members of the (C) in a criminal case, the Court of
court are ill, absent, or unavailable. A justice who is Criminal Appeals has not granted
disqualified or recused is unavailable. A court of review on its own initiative.
appeals’ inability to act immediately may be
established by certificate of the clerk, a member of the (2) Ten days after the time has expired for
court, or a party’s counsel, or by affidavit of a party. filing a motion to extend time to file a
motion for rehearing of a denial, refusal,
17.2. Nearest Available Court of Appeals or dismissal of a petition for review, or a
refusal or dismissal of a petition for
If a court of appeals is unable to take immediate discretionary review, if no timely filed
action, the nearest court of appeals that is able to take motion for rehearing or motion to extend
immediate action may do so with the same effect as time is pending.
the other court. The nearest court of appeals is the one
whose courthouse is nearest — measured by a straight (b) In the Supreme Court and the Court of
line — the courthouse of the trial court. Criminal Appeals. Ten days after the time
has expired for filing a motion to extend time
17.3. Further Proceedings to file a motion for rehearing if no timely
filed motion for rehearing or motion to
After acting or refusing to act, the nearest court of extend time is pending.
appeals must promptly send a copy of its order, and
the original or a copy of any document presented to it, (c) Agreement to Issue. The mandate may be
to the other court, which will conduct any further issued earlier if the parties so agree, or for
proceedings in the matter. good cause on the motion of a party.

Notes and Comments 18.2. Stay of Mandate

Comment to 1997 change: This is former Rule 16. A party may move to stay issuance of the mandate
The rule is rewritten and simplified. pending the United States Supreme Court's disposition
of a petition for writ of certiorari. The motion must
state the grounds for the petition and the circumstances
Rule 18. Mandate requiring the stay. The appellate court authorized to
issue the mandate may grant a stay if it finds that the
18.1. Issuance grounds are substantial and that the petitioner or others
would incur serious hardship from the mandate's
The clerk of the appellate court that rendered the issuance if the United States Supreme Court were later
judgment must issue a mandate in accordance with the to reverse the judgment. In a criminal case, the stay
judgment and send it to the clerk of the court to which will last for no more than 90 days, to permit the timely
it is directed and to all parties to the proceeding when filing of a petition for writ of certiorari. After that
one of the following periods expires: period and others mentioned in this rule expire, the
mandate will issue.
(a) In the Court of Appeals.
18.3. Trial Court Case Number
(1) Ten days after the time has expired for
filing a motion to extend time to file a The mandate must state the trial court case
petition for review or a petition for number.
discretionary review if:
18.4. Filing of Mandate
(A) no timely petition for review or
petition for discretionary review has The clerk receiving the mandate will file it with
been filed; the case's other papers and note it on the docket.

20
18.5. Costs 19.2. Plenary Power Continues After Petition Filed

The mandate will be issued without waiting for In a civil case, the court of appeals retains plenary
costs to be paid. If the Supreme Court declines to grant power to vacate or modify its judgment during the
review, Supreme Court costs must be included in the periods prescribed in 19.1 even if a party has filed a
court of appeals’ mandate. petition for review in the Supreme Court.

18.6. Mandate in Accelerated Appeals 19.3. Proceedings After Plenary Power Expires

The appellate court's judgment on an appeal from After its plenary power expires, the court cannot
an interlocutory order takes effect when the mandate vacate or modify its judgment. But the court may:
is issued. The court may issue the mandate with its
judgment or delay the mandate until the appeal is (a) correct a clerical error in its judgment or
finally disposed of. If the mandate is issued, any opinion;
further proceeding in the trial court must conform to
the mandate. (b) issue and recall its mandate as these rules
provide;
18.7. Recall of Mandate
(c) enforce or suspend enforcement of its
If an appellate court vacates or modifies its judgment as these rules or applicable law
judgment or order after issuing its mandate, the provide;
appellate clerk must promptly notify the clerk of the
court to which the mandate was directed and all (d) order or modify the amount and type of
parties. The mandate will have no effect and a new security required to suspend a judgment, and
mandate may be issued. decide the sufficiency of the sureties, under
Rule 24; and
Notes and Comments
(e) order its opinion published in accordance
Comment to 1997 change: This is a new rule that with Rule 47.
combines the provisions of former Rules 43(g), 86,
186, 231, and 232. 19.4. Expiration of Term

Comment to 2002 change: Subdivision 18.1 is The expiration of the appellate court's term does
amended consistent with the change in subdivision not affect the court's plenary power or its jurisdiction
12.6. over a case that is pending when the court's term
expires.

Rule 19. Plenary Power of the Courts of Appeals Notes and Comments
and Expiration of Term
Comment to 1997 change: This is a new rule
19.1. Plenary Power of Courts of Appeals except the provisions of former Rule 234 are
incorporated in subdivision 19.4.
A court of appeals' plenary power over its
judgment expires: Comment to 2002 change: Subdivision 19.1 is
amended to clarify that a motion for en banc
(a) 60 days after judgment if no timely filed reconsideration extends the court of appeals' plenary
motion for rehearing or en banc power in the same manner as a motion for rehearing
reconsideration, or timely filed motion to addressed to the panel of justices who rendered the
extend time to file such a motion, is then judgment or under consideration.
pending; or
Comment to 2008 change: Subdivision 19.1 is
(b) 30 days after the court overrules all timely changed, consistent with other changes in the rules, to
filed motions for rehearing or en banc specifically address a motion for en banc
reconsideration, and all timely filed motions reconsideration and treat it as a motion for rehearing.
to extend time to file such a motion.

21
Rule 20. When Party is Indigent complies with Texas Rule of Civil
Procedure 145. The Statement that
20.1. Civil Cases was filed in the trial court does not
meet the requirements of this rule.
(a) Costs Defined. In this rule, “costs” mean
filing fees charged by the appellate court. (B) Action by Appellate Court. The
Fees charged for preparation of the appellate appellate court may decide the
record are governed by Texas Rule of Civil motion based on the record or refer
Procedure 145. the motion to the trial court with
instructions to hear evidence and
(b) When a Statement Was Filed in the Trial issue findings of fact. If a motion is
Court. referred to the trial court, the
appellate court must review the trial
(1) General Rule; Status in Trial Court court’s findings and the record of
Carries Forward. A party who filed a the hearing before ruling on the
Statement of Inability to Afford Payment motion.
of Court Costs in the trial court is not
required to pay costs in the appellate (c) When No Statement Was Filed in the Trial
court unless the trial court overruled the Court. An appellate court may permit a party
party’s claim of indigence in an order who did not file a Statement of Inability to
that complies with Texas Rule of Civil Afford Payment of Court Costs in the trial
Procedure 145. A party is not required to court to proceed without payment of costs.
pay costs in the appellate court if the trial The court may require the party to file a
court ordered the party to pay partial Statement in the appellate court. If the court
costs or to pay costs in installments. denies the party’s request to proceed without
payment of costs, it must do so in a written
(2) Establishing the Right to Proceed Under order.
the General Rule. To establish the right
to proceed without payment of costs Comment to 2016 Change:
under (1), a party must communicate to
the appellate court clerk in writing that The rule has been rewritten so that it only governs
the party is presumed indigent under this filing fees and any other fee charged by the appellate
rule. In an appeal under Section Two of court. Texas Rule of Civil Procedure 145 governs a
these rules, the applicability of the party’s claim that the party is unable to afford costs for
presumption should be stated in the preparation of the appellate record.
notice of appeal and in the docketing
statement. Because appellate filing fees are minimal, a party that
filed a Statement of Inability to Afford Payment of
(3) Exception; Material Change in Court Costs in the trial court is not required to file a
Circumstances. An appellate court may new Statement in the appellate court unless the trial
permit a party who is not entitled to court made affirmative findings under Texas Rule of
proceed under (1) to proceed without Civil Procedure 145 that the party is able to afford all
payment of costs if the party establishes court costs and to pay those costs as they are incurred.
that the party’s financial circumstances Furthermore, because a determination of indigence by
have materially changed since the date of the trial court carries forward to appeal in all cases,
the trial court’s order under Texas Rule Family Code section 107.013 is satisfied.
of Civil Procedure 145.
Experience has shown that, in most cases, a party’s
(A) Requirements. The party must file a financial circumstances do not change substantially
motion in the appellate court between the trial court proceedings and the appellate
alleging that the party’s financial court proceedings. Nonetheless, (b)(3) permits a party
circumstances have materially whom the trial court determined is able to afford all
changed since the date of the trial costs to demonstrate to the appellate court that the
court’s order and a current party’s circumstances have changed since the trial
Statement of Inability to Afford court’s ruling and that the party is unable to afford
Payment of Court Costs that appellate filing fees.

22
proceedings properly filed in the appellate court under
20.2. Criminal Cases subdivision 20.1(c)(2). Although Subdivision 3.1(g)
defines “court reporter” to include court recorder,
Within the time for perfecting the appeal, an subdivision 20.1(e) is amended to make clear that a
appellant who is unable to pay for the appellate record court recorder can contest an affidavit.
may, by motion and affidavit, ask the trial court to
have the appellate record furnished without charge. If Reference
after hearing the motion the court finds that the
appellant cannot pay or give security for the appellate See also Civil Practice and Remedies Code
record, the court must order the reporter to transcribe §13.003.
the proceedings. When the court certifies that the
appellate record has been furnished to the appellant,
the reporter must be paid from the general funds of the SECTION TWO: APPEALS FROM TRIAL
county in which the offense was committed, in the COURT JUDGMENTS AND ORDERS
amount set by the trial court.
Rule 21. New Trials in Criminal Cases
Notes and Comments
21.1. Definition
Comment to 1997 change: The rule is new and
combines the provisions of former Rules 13(k), (a) New trial means the rehearing of a criminal
40(a)(3), and 53(j). The procedure for proceeding in action after the trial court has, on the
civil cases in an appellate court without advance defendant's motion, set aside a finding or
payment of costs, in both appeals and original verdict of guilt.
proceedings, is stated. The information that must be
given in the affidavit is prescribed. An extension of (b) New trial on punishment means a new
time to file the affidavit is now available. The indigent hearing of the punishment state of a criminal
party is no longer required to serve the court reporter, action after the trial court has, on the
but must file the affidavit with the appropriate clerk defendant's motion, set aside an assessment
who is to notify the court reporter. A contest need not of punishment without setting aside a finding
be under oath. Provision is made for later ability to pay or verdict of guilt.
the costs. Nonsubstantive changes are made to the
rule for criminal cases. 21.2. When Motion for New Trial Required

Comment to 2008 change: Subdivision 20.1(a) is A motion for new trial is a prerequisite to
added to provide, as in Texas Rule of Civil Procedure presenting a point of error on appeal only when
145, that an affidavit of indigence accompanied by an necessary to adduce facts not in the record.
IOLTA or other Texas Access to Justice Foundation
certificate cannot be challenged. Subdivision 21.3. Grounds
20.1(c)(1) is revised to clarify that an affidavit of
indigence filed to proceed in the trial court without The defendant must be granted a new trial, or a
advance payment of costs is insufficient to establish new trial on punishment, for any of the following
indigence on appeal; a separate affidavit must be filed reasons:
with or before the notice of appeal. Subdivision
20.1(c)(3) is revised to provide that an appellate court (a) except in a misdemeanor case in which the
must give an appellant who fails to file a proper maximum possible punishment is a fine,
appellate indigence affidavit notice of the defect and when the defendant has been unlawfully tried
an opportunity to cure it before dismissing the appeal in absentia or has been denied counsel;
or affirming the judgment on that basis. See Higgins
v. Randall County Sheriff's Office, 193 S.W.3d 898 (b) when the court has misdirected the jury about
(Tex. 2006). The limiting phrase “under (c)(2)” in the law or has committed some other material
Subdivision 20.1(d)(2) is deleted to clarify that the error likely to injure the defendant's rights;
appellate clerk's duty to forward copies of the affidavit
to the trial court clerk and the court reporter, along (c) when the verdict has been decided by lot or
with a notice setting a deadline to contest the affidavit, in any manner other than a fair expression of
applies to affidavits on appeal erroneously filed in the the jurors' opinion;
appellate court, not only to affidavits in other appellate

23
(d) when a juror has been bribed to convict or has
been guilty of any other corrupt conduct; 21.8. Court's Ruling

(e) when a material defense witness has been (a) Time to Rule. The court must rule on a motion
kept from court by force, threats, or fraud, or for new trial within 75 days after imposing or
when evidence tending to establish the suspending sentence in open court.
defendant's innocence has been intentionally
destroyed or withheld, thus preventing its (b) Ruling. In ruling on a motion for new trial,
production at trial; the court may make oral or written findings
of fact. The granting of a motion for new trial
(f) when, after retiring to deliberate, the jury must be accomplished by written order. A
has received other evidence; when a juror has docket entry does not constitute a written
talked with anyone about the case; or when a order.
juror became so intoxicated that his or her
vote was probably influenced as a result; (c) Failure to Rule. A motion not timely ruled on
by written order will be deemed denied when
(g) when the jury has engaged in such the period prescribed in (a) expires.
misconduct that the defendant did not receive
a fair and impartial trial; or 21.9. Granting a New Trial

(h) when the verdict is contrary to the law and the (a) A court must grant a new trial when it has
evidence. found a meritorious ground for new trial, but
a court must grant only a new trial on
21.4. Time to File and Amend Motion punishment when it has found a ground that
affected only the assessment of punishment.
(a) To File. The defendant may file a motion for
new trial before, but no later than 30 days (b) Granting a new trial restores the case to its
after, the date when the trial court imposes or position before the former trial, including, at
suspends sentence in open court. any party's option, arraignment or pretrial
proceedings initiated by that party.
(b) To Amend. Within 30 days after the date
when the trial court imposes or suspends (c) Granting a new trial on punishment restores
sentence in open court but before the court the case to its position after the defendant was
overrules any preceding motion for new trial, found guilty. Unless the defendant, State, and
a defendant may, without leave of court, file trial court all agree to a change, punishment
one or more amended motions for new trial. in a new trial shall be assessed in accordance
with the defendant's original election under
21.5. State May Controvert; Effect article 37.07, § 2(b) of the Code of Criminal
Procedure.
The State may oppose in writing any reason the
defendant sets forth in the motion for new trial. The (d) A finding or verdict of guilt in the former trial
State's having opposed a motion for new trial does not must not be regarded as a presumption of
affect a defendant's responsibilities under 21.6. guilt, nor may it be alluded to in the presence
of the jury that hears the case on retrial of
21.6. Time to Present guilt. A finding of fact or an assessment of
punishment in the former trial may not be
The defendant must present the motion for new alluded to in the presence of the jury that
trial to the trial court within 10 days of filing it, unless hears the case on retrial of punishment.
the trial court in its discretion permits it to be presented
and heard within 75 days from the date when the court Notes and Comments
imposes or suspends sentence in open court.
Comment to 1997 change: Former Rules 30, 31,
21.7. Types of Evidence Allowed at Hearing and 32 are merged. Paragraph (b)(6) of former Rule 30
is deleted because the rule-making authority of the
The court may receive evidence by affidavit or Court of Criminal Appeals was withdrawn. See Code
otherwise. of Criminal Procedure article 40.001. Other

24
nonsubstantive changes are made. the defendant is restored to the position that
he or she had before the indictment or
Rule 22. Arrest of Judgment in Criminal Cases information was presented.

22.1. Definition (b) Defendant Discharged or Remanded. If the
judgment is arrested, the defendant will be
Motion in arrest of judgment means a defendant's discharged. But the trial court may remand
oral or written suggestion that, for reasons stated in the the defendant to custody or fix bail if the
motion, the judgment rendered against the defendant court determines, from the evidence adduced
was contrary to law. Such a motion is made in the trial at trial, that the defendant may be convicted
court. on a proper indictment or information, or

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4032740. Public record. Not legal advice.