About the Texas Fifth Court of Appeals

HISTORY OF THE APPELLATE COURTS
Texas achieved its independence from Mexico in 1836. In 1876, some 40 years later, the Supreme Court of Texas was still the only appellate court and had jurisdiction of both civil and criminal cases and decided questions of fact as well as of law.

Our present Constitution, as ratified in 1876, provided for two appellate courts, the Supreme Court, having jurisdiction of civil cases only, and the Court of Appeals, having jurisdiction of all criminal cases and of certain civil cases.

The judicial section was amended in 1891 to create the Courts of Civil Appeals as intermediate appellate courts; and the name of the Court of Appeals was changed to the Court of Criminal Appeals.

By an Act approved 1892, the Courts of Civil Appeals for the 1st, 2nd, and 3rd District were created. They were located at Galveston, Fort Worth and Austin.

By subsequent legislation, the number of Courts increased to eleven. The 1st located in Galveston was moved to Houston in 1892, 2nd in Fort Worth, 3rd in Austin, 4th San Antonio, 5th Dallas (both in 1893), 6th Texarkana (1907), 7th Amarillo, 8th El Paso (both
in 1911), 9th Beaumont (1915), 10th Waco (1923), and the 11th Eastland (1925).

During the early 70's, Courts of Civil Appeals were also added at Tyler (12th), Corpus Christi (13th), and the Houston Court split to become the 1st and 14th.

The Court of Appeals for the Fifth District of Texas at Dallas was formally opened on September 4, 1893. There was a Chief Justice and two Associate Justices until 1978 (85 years) when three additional Justices were authorized. In 1981, criminal jurisdiction was added and six additional justices. In 1983, an additional justice position was created and the present configuration is 12 Justices and one Chief Justice. Statewide, there is a total of 80 Appellate Court Justices.

JURISDICTION
The Court of Appeals for the Fifth District of Texas at Dallas has jurisdiction over appeals from both district and county courts located in Dallas, Collin, Grayson, Hunt, Rockwall and Kaufman counties. The Court hears both civil and criminal appeals.

HOW APPEALS ARE DECIDED
A case is not decided by the Court until the record of the proceedings in the trial court and the briefs are filed by both parties to the appeal. The case is then "submitted" for decision.

Each case is set for submission before three justices on the Court. In certain circumstances, cases may be heard by a panel consisting of all of the justices (en banc). Cases are generally set for submission on Tuesday and Wednesday of each week and a panel of three justices hear all of the submitted cases that are argued.

Each case is assigned to one of the justices on the panel to author the opinion. At times, other justices may author concurring and/or dissenting opinions. The opinion is published if it presents a novel principle of law.

COMMUNICATION WITH THE COURT
Correspondence or other communications relative to any matter before the court must be conducted with the Office of the Clerk of the Court and may not be addressed to or conducted with any of the justices or other members of the court's staff.

Like all judges, the Justices of the Courts of Appeals are required by law to observe very strict ethical standards -- far stricter than for any other public official. These standards absolutely forbid the Justices and their staffs to talk with anyone about pending cases or to explain or elaborate upon an opinion the Court has issued. We understand that many people would like to talk to the Justices and their staffs about cases, but the laws of Texas strictly prohibit this practice. See Tex. R. App. P. 9.6

BIOGRAPHICAL INFORMATION

FREQUENTLY ASKED QUESTIONS

May I check the record out?

Can Inmates have access to our records?

Does the Court hear oral argument on motions?

Should I submit a proposed order for the Justices signature?

In a civil case, the reporter's record is ready to be filed but the clerk's record is not. Will the court file the reporter's record?

If I filed a supplemental clerk's record, does that alter my briefing time?

If my brief is due today, can I request an extension of time tomorrow?

Is there a general format for briefs?

Is there a book that shows proper citations?

Is there a page limit on briefs?

May I file a supplemental brief?

How do I request oral argument?

How much time do I get for oral argument?

How many copies of my brief do I file?

How many copies of my request for extension of time to file my brief do I file?

Can I file my brief with anyone after hours?

If my brief is due on a federal/state holiday, how do I file it?

Fees and Deposits for Costs

May I check the record out?

In criminal cases, the Court will not allow the record to be checked out. Records must be checked out through the District or County Clerk's Office. See 5th Tex. App. (Dallas) Loc. R. 4.a. In civil cases not under submission, attorneys may check out the record from the clerk by completing a receipt. The record must be returned to the clerk within 14 days. See 5th Tex. App. (Dallas) Loc. R. 4.a.

Can Inmates have access to our records?

Only in cases in which an inmate is pro se or counsel of record, or in which the inmate's attorney has filed a frivolous appeal brief pursuant to Anders v. California 386 U.S. 938 (1967), will the Court grant a motion to allow the record to be made available to an imprisoned appellant.

Does the Court hear oral argument on motions?

Generally, no oral argument will be heard on motions, In extraordinary cases the panel to which the motion has been assigned may set the motion for oral argument on motion of any party or on the panel's own motion.

Should I submit a proposed order for the Justices signature?

No, the Court prepares its own orders.

In a civil case, the reporter's record is ready to be filed but the clerk's record is not. Will the court file the reporter's record?

Yes

If I filed a supplemental clerk's record, does that alter my briefing time?

The briefing deadlines start from the date the record is filed. Filing a supplemental clerk's record does not alter the briefing deadlines, unless the attorney has requested and been granted an extension.

If my brief is due today, can I request an extension of time tomorrow?

In both civil and criminal cases a motion to extend the time to file the brief may be filed before or after the date the brief is due. See Tex. R. App. P. 38.6(d). However, in criminal cases, the Court will not accept an appellee's brief tendered more than ten (10) days after the date of the letter notifying the parties that the case is set for submission.

See 5th Tex. App. (Dallas) Loc. R. 6.a

Is there a general format for briefs?

Yes, Texas Rule of Appellate Procedure 38 explains the requisites of briefs.

Is there a book that shows proper citations?

Yes, the latest editions of A Uniform System of Citation by Harvard Law Review and Texas Rules of Form by Texas Law Review should be observed.

Is there a page limit on briefs?

Yes, 50 pages is the limit, unless leave is obtained from the Court to file a brief in excess of 50 pages. A reply brief must be no longer than 25 pages. In civil cases, the aggregate number of pages for all briefs filed by a party must not exceed 90 pages. See Tex. R. App. P. 38.4.

May I file a supplemental brief?

Yes, supplemental and amended briefs may be filed without leave of court only if no new points of error are raised.

How do I request oral argument?

A party desiring to present oral argument must make a notation on the front cover of the parties' brief. Failure to do so waives the parties' right to argue. See Tex. R. App. P. 39.7.

How much time do I get for oral argument?

Oral argument will be limited to twenty (20) minutes for the appellant's opening argument, twenty (20) minutes for the appellee's argument, and five (5) minutes for the appellant's rebuttal. Requests for additional time must be made by written motion filed at least ten (10) days prior to the scheduled submission date. See 5th Tex. App. (Dallas) Loc. R. 8.

How many copies of my brief do I file?

The original and six copies.

How many copies of my request for extension of time to file my brief do I file?

A party filing any motion should file one original and two copies. See Tex. R. App. P. 9.3(a)(1)(B).

Can I file my brief with anyone after hours?

Yes, if you miss the Court's working hours of 8AM to 5PM, Monday through Friday, and do not wish to use the U.S. Mail, you may ask one of the Justices to receive the brief or call the Court and make arrangements to have it received by a deputy clerk or the Clerk at another location.

If my brief is due on a federal/state holiday, how do I file it?

When the Court is closed for a legal holiday, your brief is not due until the next working day. If your brief is due on a Saturday or Sunday, it should be filed on Monday, the first working day.

Fees and Deposits for Costs

Appeals to the court of appeals from the district or county courts - $125.00
Motion or response- $10.00
Original Proceedings (Mandamus, Prohibition, etc.) $75.00