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The
following Local Rules of Appellate Procedure
were ordered adopted and promulgated to
govern practice in the Fifth Court of Appeals,
and have been approved by the Texas Supreme
Court and Court of Criminal Appeals.
(Cite these rules as 5th Tex.App. (Dallas)
Loc.R.)
PDF Version of Local Rules Here
Table of Rules
Rule_1._Scope_of_Local_Rules
Rule_2._Change_of_address_or_other_information
Rule_3._Electronic_Filing
Rule_4._Withdrawal_of_Record_on_Appeal
Rule_5._Monthly_Report_by_Court_Reporters
Rule_6._Extension_of_time_to_file_Appellees_Briefs
Rule_7._Oral_Argument
Rule_8._Settlement
Rule_9._Request_for_Temporary_Relief_in_Original_Proceedings
Rule_10._Number_of_Copies_for_Briefs
Rule_11:_Briefs_in_cross-appeals
Rule_12. Clerk’s_Record_in_Civil_Cases_
Rule_12.1. Preparation_of_Clerk’s_Record
Rule_12.2. Filing_an_Electronic_Clerk’s_Record
Rule_12.3. Filing_a_Paper_Clerk’s_Record
Rule_13. Electronic_Reporter’s_Record_in_Civil_Cases_
Rule_14. Suspension_of_Local_Rules_for_Electronic_Filings_
Rule_15._Records_in_Criminal_Cases
Rule
1. Scope of Local Rules
(Tex. R. App. P. 1.2)
These rules govern procedure
for appeals, original proceedings, and other
matters before the Court of Appeals for the
Fifth District of Texas at Dallas. In the
event of a conflict between these local
rules and the Texas Rules of Appellate
Procedure or any other state statute or
rule, the Texas Rules of Appellate
Procedure, statute, or rule shall control.
Rule 2. Change of address or other
information
(Tex. R. App. P. 9.1)
Counsel or a party proceeding
pro se shall file a notice of change of
address, telephone number, or facsimile
number within ten (10) days of the date of
the change. The notice shall include the
style and cause number of any case the
notifying party has pending before the
Court.
Rule 3.
Electronic Filing
(Tex. R. App.
P. 9.2, 9.3)
A.
Electronic
Copies
of
Documents
Filed
in
Paper
Form.
(a)
Electronic copies of documents
required.
For
the
convenience
of
the
court,
attorneys, parties,
and
the
public,
an
attorney
for
a
party
must
email
to
the
court
an
electronic
copy
of
every document filed with
the
court,
except
a
document
under
seal
or
subject
to
a
motion
to
seal.
A
party who is not
represented by an
attorney
is
encouraged
to
email
to
the
court
an
electronic copy of
every document filed with
the
court,
except
a
document
under
seal
or
subject
to
a
motion
to
seal.
(b)
Filing required.
An
electronic
copy
does
not
constitute a filing. Documents must continue to
be
filed
as
provided
by
the
Texas
Rules
of
Appellate
Procedure, except that
only
the original
and 1 copy
must
be filed
of any document
other
than
a brief and petition for
discretionary
review.
A
party
must
file
the
original
and
11 copies of
a
petition
for
discretionary review. A party must
file an original and 3 copies of a brief.
(c)
Time to email
electronic copy. The
electronic copy must
be
emailed
to
the
court
at
ebrief@5th.txcourts.gov
on
the
same
day the
original document is
filed.
Also
on
that day, the electronic
copy
must
be
emailed
to
each
other
party's
lead
counsel
for
whom
the
filing
attorney has an email
address.
(d)
Identification of document.
The
email subject
line must
identify
the
document
by
case number
and by name.
The
electronic
copy
must be
named as follows:
Case
No. 05-11-0000X-[CV][CR]
Document
Type Motion
Brief
Letter
Emergency
(type of document)
Case set
for submission or submitted (type of
document)
Redacted
electronic copy of (type of document)
Misc.
document
Name of
Party Parties names need not be
included unless there are multiple
parties on
the same side filing separate documents. If
so, the
party’s
name should be included
(e)
Redaction of electronic
copies.
An
electronic copy must
be
substantively
identical to the original
document
filed
with
the
court,
except
it
must not contain
a
social
security
number;
a birth
date;
a
home
address;
the
name
of
any
person
who
was
a
minor
when
the
underlying
suit
was filed;
a driver's license
number,
passport
number,
tax identification
number,
or
similar
government issued personal identification
number;
or a bank
account
number,
credit
card
number,
or other financial account number.
The attorney emailing the electronic
copy must redact all such information in
accordance with the
redaction guidelines posted
by
the
Supreme
Court's
Clerk
on
the Supreme Court's website;
however,
the
electronic copy may
contain
a
reference
to
this
information as long as
the
reference
does
not
include any part of the
actual information (e.g., "passport
number"). For
good
cause,
the
court
may
order
redaction
of
additional
information.
(f)
Certification
of
counsel.
The
submission of an
electronic copy constitutes
a
certification by
all attorneys of
record
for
the party filing
the
document
that
the
electronic copy complies
with paragraph (e).
(g)
Posting of electronic
copies.
The
clerk
may
post
electronic
copies
of
documents
in
a case
on the court's
website.
By
letter
to
the
clerk,
a
party to the
case
may
request
that
electronic copies posted on
the
court's website
be redacted further
or
removed
altogether.
The request
must identify
with
particularity the document(s)
to
be
removed
or
the
information to be
redacted
and
state specific
reasons
for
the
request.
If
the
request is for
further
redaction,
the
party
must
email
a
copy of
the requested version
of
the
document.
(h)
Format
of
electronic
copies.
An
electronic copy must
be
formatted
as
follows:
(1)
An
electronic copy must
be
in
text-searchable
portable document
format
(PDF) compatible
with
the
latest
version
of
Adobe
Reader.
(2)
Except
as
otherwise
provided
by
this rule, an
electronic copy of
a
document
created by a word processing
program
must
not
be
a
scan
of
the
original
but
must
instead
be converted
from
the
original
directly
into
a PDF file
using
Adobe
Acrobat,
a
word processing program's
PDF
conversion
utility,
or
another
software
program.
(3)
Records
filed
in
original
proceedings
and
appendix
materials
may
be
scanned
if necessary, but scanning
creates
larger
file
sizes
with
images
of
lesser
quality
and should be avoided when
possible. An
appendix
must
be
combined into one computer
file
with
the document it is
associated with, unless the
resulting
computer
file
would
exceed
the
size limits
in paragraph (i).
If
a
record
filed
in
an
original
proceeding or an
appendix
contains more
than
one
item,
it
should
include
a
table of contents
and
either
bookmarks
to
assist
in locating each item
or
separator
pages
with
the
title
of
the
item
immediately
following
and
any number
or
letter
associated
with
the item in
the
table
of
contents.
(4)
A
scanned
document
must
be made searchable
using
optical-character-recognition
software,
such as Adobe
Acrobat,
and
have a resolution
of
300
dots
per
inch
(dpi).
(5)
An
electronic
copy
may
contain
hyperlinks
to
another
part of the
same document, an external
source
cited
in
the
document,
an
appendix
item
associated
with
the
document,
an embedded
case,
or
a
record
cite.
Hyperlinks
within
an
appendix
item
are
also
permitted.
(6)
An
electronic copy
must not contain
a
virus
or
malware. The
submission
of
an electronic
copy
constitutes a certification
by
all
attorneys of record
for
the
party
filing
the document that the
electronic copy has
been
checked
for
viruses
and
malware.
(7)
An
electronic copy need
not
be
signed.
(i) Size
of electronic copies.
An
electronic
copy
must
not
exceed
20
megabytes. Electronic copies larger
than
20
megabytes
must
be divided into
smaller
files.
(j) Communications with
the clerk.
An
attorney
who
emails
an
electronic
copy of
a document
must supply the
clerk
with
an
email
address
to
which
the
clerk
may
send
notices
or other communications
about
the
case
in
lieu
of
mailing
paper
documents.
If
the
attorney's email address changes,
the
attorney
must
provide
the
clerk
with the
new
email
address
within
one
business
day
of the
change.
Lead
counsel
must
register
for
vNotices
and
follow
the
instructions
for
receiving
notices for cases in
which
they
represent
a
party.
B.
Electronic
Filings
of
Documents.
(a)
Electronic filing permitted.
A
party
may
electronically file
(e-file)
any
document
that may
be
filed
with
the
court
in
paper
form,
except
a
document
under
seal
or
subject
to
a
motion
to seal.
(b)
E-filing
mechanism.
E-filing must be
done
through
www.texas.gov/efiling,
the
portal
established by the Texas
Legislature.
Directions for
its
use
may
be
found
on
its
website.
This
is
a summary. A person
must
first
register
with
an Electronic Filing
Service
Provider
(EFSP).
A
list
of
approved EFSPs is on
the
www.texas.gov/efiling
website.
The
EFSP
will
provide
the
registrant
with
a
confidential, secure username and
password
to
use when e-filing
a
document.
This
username
and
password
will
also function
as a signature
on
each
e-filed
document,
and
will
authorize
payment
of
all
filing
fees
and service
fees. A
document to
be e-filed must
be
transmitted to
the EFSP, which
will
send
the document to
www.texas.gov/efiling,
which
in
turn
will
send
the
document
to
the clerk. The e-filer will receive by
email
an immediate
acknowledgment
of
the e-filing,
a confirmation of
the
clerk's
acceptance of the filing,
and
a
file-stamped copy of
the
document.
Fees
charged
by
www.texas.gov/efiling
for
the e-filing
of a
document
are
in
addition
to
any filing fees
and
are
costs
of
court.
(c)
Electronic service.
A
party
who
has
registered
to e-file
documents
through
an
EFSP
may electronically
serve
(e-serve)
documents
through
that
EFSP
on
any
other
party
who
has
consented to
e-service by registering
for
the
e-service
option
with
an
EFSP
or
by
setting
up
a complimentary account
with
www.texas.gov/efiling.
Directions may be
found
on
the
www.texas.gov/efiling
website.
(1)
Service
through
an
EFSP
is
complete
on
transmission
to
the
e-served
person's
EFSP or
complimentary
www.texas.gov/efiling
account.
The e-filer's EFSP will
send
proof
of
service
to
the e-filer.
Fees
that
an
EFSP
charges
for e-service
are
not
costs
of
court.
(2)
If
an
e-filer
must
serve
a
copy
of
a
document
on
a party who
has
not
consented
to eservice,
the e-filer
must
comply
with
the
service
requirements
in
Texas
Rule
of
Appellate Procedure
9.5 and, on
the
same
day
the
document
is
e-filed,
must
send
the
document
to:
(A)
the
party's
lead
counsel
by
email
if
the e-filer
has an email
address
for
the
lead counsel;
or
(B)
if
the
party
is
not
represented by counsel,
to
the
party
by
email
if
the e-filer has the party's
email
address.
(d)
Redaction
of
information
in
e-filed
document.
(1)
Unless
the
court
orders
otherwise,
an
e-filed
document
must
not
contain
a
social security
number;
a
birth
date;
a
home address; the
name
of
any
person
who
was
a
minor when
the underlying suit
was
filed;
a driver's license number,
passport
number,
tax identification
number,
or
similar
government-issued personal
identification
number;
or
a bank
account
number,
credit
card
number,
or
other
financial
account
number.
The
e-filer must
redact
all
of this
information
in
accordance
with
the redaction
guidelines
posted
by
the Supreme Court's Clerk on
the
Supreme
Court's
website;
however,
the e-filed document may contain
a
reference
to
this
information as long
as
the
reference
does
not include any part
of the
actual
information (e.g., "passport
number"). For
good
cause,
the
court
may order redaction of additional
information.
(2)
The e-filing
of
a
document
constitutes
a
certification by all
attorneys
of
record
for
the party filing
the
document
that
the
document
complies
with
paragraph
(1)
of this rule.
(3)
If
an
e-filer believes any information
described in
paragraph (1)
of
this
rule
is essential
to an e-filed
document
or
that
the
e-filed
document
would
be
confusing
without
the information,
the e-filer
may
submit
the
information
to
the
court
in
a
reference
list
that
is
in paper
form and under
seal.
The
reference
list
must
specify
an
appropriate
identifier that corresponds
uniquely
to
each
item
listed.
Any
reference
in
the e-filed
document
to
a listed identifier will
be
construed
to
refer
to
the
corresponding item of
information.
If the e-filer
provides a reference
list
pursuant
to
this
rule,
the
front
page
of
the e-filed
document
must indicate that the
reference
list
has been, or
will
be,
provided.
(4)
On
its
own
initiative,
the
court
may
order
a
sealed
reference list in
any
case.
The
court
may also order that
a
document
be
filed
under
seal
in
paper
form,
without
redaction. The court may
later
unseal
the
document
or
order
the
filer
to
provide
a
redacted
version
of the
document for the
public
record.
(e)
Format
of
e-filed
document.
An
e-filed
document
must
be formatted as
follows:
(1)
An
e-filed
document
must
be formatted in
accordance with Texas
Rule
of
Appellate Procedure 9.4(b)-(e).
The
"paper" requirements in
Rule
9.4(b)-(c)
apply
equally
to
a
"page" of the
e-filed
document.
(2)
An
e-filed
document
must
be
in
text-searchable
portable
document
format
(PDF) compatible with the
latest
version
of
Adobe
Reader.
An
EFSP
will
convert
each
e-filed document
from
its
original
form
into
a
PDF
file
that
complies
with
this
rule.
(3)
Records
filed
in
original
proceedings
and
appendix materials may be
scanned
if necessary,
but
scanning
creates
larger
file
sizes
with
images
of
lesser
quality
and
should
be avoided
when possible. An
appendix
must
be
combined into one computer
file
with
the document it is
associated with, unless the
resulting computer file
would
exceed
www.texas.gov/efiling
size
limits
for
the
document. If
a record filed
in
an
original
proceeding
or
an
appendix contains
more than one
item,
it
should
include
a table
of
contents
and
either
bookmarks
to assist in
locating each item or
separator
pages
with the
title of the
item immediately following
and
any
number
or
letter
associated
with
the
item
in
the
table
of
contents.
(4)
A
scanned
document
must
be made searchable
using
optical-character-recognition
software,
such
as Adobe Acrobat,
and
have
a
resolution
of
300
dots
per
inch
(dpi).
(5)
An
e-filed
document
may contain
hyperlinks
to
another
part
of
the
same
document, an external source
cited
in
the
document,
an
appendix
item
associated
with
the
document, an embedded case,
or
a
record
cite. Hyperlinks
within
an
appendix
item
are
also
permitted.
(6)
An
e-filed
document
must
not
contain
a
virus
or
malware.
The e-filing
of
a
document constitutes
a
certification
by
the e-filer that
the
document
has
been
checked
for
viruses
and malware.
(7)
The
court
may
strike
an
e-filed
document
for
nonconformance with this
rule.
(f)
Signatures
on
e-filed
documents.
(1)
Except as otherwise provided by
this
rule,
the
confidential,
secure
username
and password that the e-filer
must
use
to e-file
a
document
constitute the e-filer's
signature
on the
document,
in
compliance
with
signature
requirements in the
Texas
Rules
of
Appellate Procedure.
When
a
signature
is
provided
in
this
manner,
the e-filer
must
also
include
both a “/s/” and the e-filer's name
typed
in
the space where the
e-filer's signature
would otherwise
appear
or
an
electronic
image
of
the e-filer's signature, which
may
take
the
form of
a
public
key-based
digital
signature
or
a
scanned
image
of
the
e-filer's
signature.
The efiler must
not
allow
the e-filer's username or
password
to
be used by anyone
other
than
an agent
who
is authorized by
the
e-filer.
(2)
If
a
document
must
be notarized, sworn
to,
or
made
under oath,
the e-filer
must
e-file the
document as a
scanned
image
containing
the
necessary
signature(s).
(3)
If
a
document
requires
the
signature
of
an opposing party,
the e-filer must e-file
the document as a
scanned
image
containing
the
opposing
party's
signature.
(4)
When
an
e-filer
e-files
a
scanned
image
of
a
document
pursuant
to
paragraph
(2)
or (3)
of this rule,
the e-filer must retain
the
original
document
from
which
the
scanned
image was
made
until
the
case
in
which
the
document was
filed is resolved.
If
the
original document
is in another
party's
possession,
that
party
must
retain
the
original
document
until the
case
in which the
document
was
filed
is
resolved.
(5)
If
an
e-served
document
was
also
e-filed
and
the
person
who
completes
a
certificate of
service
under
Texas
Rule
of
Appellate
Procedure
9.5(e)
is
different from the
person
who e-filed
the document, the
person
who
completes
the certificate
of
service
must
sign the certificate
by
including
either
an"/s/"
and
his
or
her
name
typed
in
the space
where his or
her signature would otherwise
appear
or
an electronic image
of
his
or
her
signature.
(g) Time of e-filing.
A
document
will
be considered filed
timely
if
it
is
e-filed
at
any time before midnight
(in
the
court's time zone) on
the
date
on
which
the
document
is
due.
(1)
An
e-filed
document
is
deemed
filed
when
the e-filer transmits the
document
to
the e-filer's
EFSP,
unless
the
document
is
transmitted
on
a
Saturday,
Sunday,
or
legal
holiday or
requires a motion
and
an
order
allowing
its
filing.
(2)
If
a
document is transmitted on a
Saturday, Sunday, or legal
holiday,
it
will
be deemed
filed
on
the
next
day
that
is
not
a
Saturday,
Sunday,
or
legal holiday.
(3)
If
a document requires
a
motion
and
an
order
allowing
its
filing,
it
will
be
deemed filed
on the date
the
motion
is
granted.
(4)
If
an e-filed document
is
untimely
due
to
a
technical
failure
or
a system outage,
the e-filer
may
seek
appropriate relief from
the
court.
(h)
Paper
copies.
An
e-filer
must
file
11
paper
copies
of
an
e-filed
petition
for
discretionary
review,
and 3 paper
copies
of
any
brief e-filed in accordance
with
Rule
9
of
the
Texas Rules
of Appellate Procedure
within
one
business
day
after
the
brief is
e-filed. An e-filer is not
required to file paper copies of any
other e-filed documents.
(i)
Email address requirements and
communications
with
the clerk.
An e-filed document
must
include
the e-filer's email address,
in
addition
to
any
other
information
required
by the
Texas
Rules
of
Appellate
Procedure. If
the
e-filer's
email
address
changes,
the
e-filer
must provide
the
clerk
and
the e-filer's EFSP with
the
new
email
address
within
one
business
day
of the change. If
there
is
a
change
in
the
email
address
of
a
party
who
has
consented
to
receive
e-service, the party must
provide
www.texas.gov/efiling
or,
if
applicable, the party's EFSP
with
the
new
email
address within one business
day
of
the
change.
The
clerk
may
send
notices
or
other
communications about a case
to
an
attorney's
email
address
in
lieu
of
mailing
paper
documents.
(j)
vNotices
registration.
Lead
counsel must register
for
vNotices
and
follow
the instructions for receiving
notices
for
cases
in
which
they
represent
a
party.
(k)
Construction of rules.
This
rule
must
be
liberally
construed so as to
avoid undue prejudice
to
any
person
who
makes
a
good-faith
effort
to
comply
with
requirements
in
this
rule.
C. Filing by
Facsimile (fax)
(a) The Clerk will
maintain a fax machine for receipt of
transmissions during normal business
hours, Monday through Friday (excluding
legal holidays as that term is defined
by section 662.021 of the Texas
Government Code) from 8:00 a.m. to 5:00
p.m. central time. The sender is
responsible for determining if there are
any changes in normal business hours.
The Clerk is not responsible for events
that disrupt, impair, or render
impossible the receipt of documents
transmitted by fax.
(b) Any document
transmitted to the Court by fax will be
initially stamped by the Clerk as
received. If the document is
subsequently stamped filed by the Clerk
in compliance with the Texas Rules of
Appellate Procedure and this rule, it
will be deemed filed as of the date the
Court received the fax.
(c) A cover sheet shall
accompany all documents transmitted by
fax and shall clearly identify (1) the
name, address, telephone number, and fax
number of the sender; (2) the document
being transmitted and the cause number;
(3) the number of pages being
transmitted; (4) the name of the Clerk
or deputy clerk, if any, to whose
attention the document is directed; and
(5) that the document is being
transmitted under this local rule in
anticipation of future filing.
(d) The sender is
responsible for all applicable fees
assessed by the Clerk in connection with
the receipt of documents transmitted by
fax. Failure to pay the fee within seven
(7) days of the date of the transmission
will result in the Clerk declining to
stamp the document as filed.
(e) The original of the
document, together with the correct
number of copies required to be filed by
the Texas Rules of Appellate Procedure,
must be received by the Clerk within
seven (7) days of the fax. Under this
rule, the original and copies must be
accompanied by a cover letter
referencing the date of the fax
transmission and requesting that the
documents be filed as of the date of the
fax. Failure to comply with this
requirement will result in the Clerk
declining to stamp the document as
filed.
(f) The sender is
responsible for ensuring that documents
transmitted by fax are received legibly
and completely by the Clerk. The Clerk's
office will verify by telephone that a
document is legible and has been
received completely but will not
initiate the telephone call. If a
document sent by fax is not complete or
is otherwise illegible, the Clerk will
decline to stamp it as filed.
(g) Except as
specifically required by the Texas Rules
of Appellate Procedure, any notices
issued by the Clerk of the Court may be
made by fax. Fax notification shall be
made to the fax number provided by the
attorney of record for each party to the
appeal.
Rule 4. Withdrawal of Record on Appeal
(Tex. R. App. P. 12.4)
(a) 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.
(b) In civil cases the
record may be checked out as provided by
Texas Rule of Appellate Procedure 12.4
except as amended by this rule or Court
order.
1.
Anyone may check out the
record for no more than fourteen (14) days
if no party’s brief is due and in compliance
with the restrictions of Texas Rule of
Appellate Procedure 12.4.
2.
If the time for any party to
file a brief is running only the party whose
brief is due may check out the record. If
any party checks out the record before that
party’s brief is due, that party’s brief
will not be filed until the record is
returned in proper condition.
3.
No one may check out the
record once a case has been set for
submission except by order of the Court.
Rule 5. Monthly Report by Court Reporters
(Tex. R. App. P. 13.4)
Court reporters must file a
copy of the court reporter's monthly report
required by Texas Rule of Appellate
Procedure 13.4 with this Court before the
first day of each month. The report shall
include:
1) a list of cases pending on
appeal for which reporter's records are due;
2) the dates on which the written requests
for the reporter's records were received;
3) the approximate number of pages and due
dates for the reporter's record in each
case; and
4) the names, addresses, and phone numbers
of any substitute reporters for each case.
Rule 6. Extension of time to file Appellee's
Briefs
(Tex. R. App. P. 38.6(d))
(a) In criminal cases, the
Court will not accept an appellee's brief
tendered later than the twenty-eighth (28th)
day before the date the case is set for
submission.
(b) In civil cases, on motion
complying with Texas Rule of Appellate
Procedure 10.5(b), the Court may extend the
time for filing the appellee's brief and may
postpone submission of the case. A motion to
extend the time to file the brief may be
filed before or after the date the brief is
due. The court may also, in the interests of
justice, shorten the time for filing briefs
and for submission of the case.
Rule 7. Oral
Argument
(Tex. R. App. P. 39)
In civil cases, oral
arguments in each appeal are heard at the
time designated by the sitting panel. As a
general rule, one case will be set for oral
argument each hour, beginning at 9:00 a.m.
or 1:00 p.m.
In criminal cases, all
counsel who have requested oral argument are
expected to be present at 9:00 a.m. or 1:00
p.m. as instructed by written notice. At
that time, the presiding justice will call
the docket and determine which attorneys
will argue. Oral argument will be heard,
insofar as practicable, in the order the
cases appear on the submission docket for
that date.
If there is more than one
appellant or appellee, counsel shall be
expected to announce to the Court, at docket
call, how the time is to be divided among
the parties.
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.
Rule 8. Settlement
(Tex. R. App. P. 42.1)
In the event a civil case
settles before submission, the parties shall
notify the Clerk by filing an appropriate
motion. The motion shall specify (1) the
manner of disposition, and (2) the parties'
agreement on the allocation of costs of
appeal.
Rule 9. Request for Temporary Relief in
Original Proceedings
(Tex. R. App. P. 52.10)
Relator must note on the
front cover of the petition if temporary
relief is requested.
Rule 10. Number of Copies for Briefs
A party must file an original
and three (3) copies of any brief submitted
to the Court.
Rule 11: Briefs in cross-appeals
11.1 In a civil appeal in
which a cross-appeal has been timely filed,
the briefs to be filed by the parties are:
a. The appellant’s brief.
b. A combined appellee’s and
cross-appellant’s brief.
c. A combined appellant’s reply and cross-appellee’s
brief.
d. The cross-appellant’s reply brief.
11.2 The aggregate number of
pages for all briefs filed by any party may
not exceed 125. The pages used to determine
page limitations are those contained in
appellate rule 38.4. The page limits are
those set forth in appellate rule 38.4,
except as provided for herein for the
combined appellee/cross-appellant and
appellant reply/cross-appellant’s briefs.
The combined appellee/cross-appellant’s
brief may be 100 pages, 50 pages for the
appellee’s portion and 50 pages for the
cross-appellant’s portion. The combined
appellant’s reply/cross-appellee’s brief may
be 75 pages, 25 for the reply brief and 50
for the cross-appellee’s brief.
11.3 The deadlines for
filing the briefs are:
a. The appellant’s brief is
due no later than thirty days after the date
the record is filed with the Court.
b. The appellee/cross-appellant’s
brief is due no later than thirty days after
the date the appellant’s brief is filed.
c. The appellant’s
reply/cross-appellee’s brief is due no later
than thirty days after the date the appellee/cross-appellant’s
brief is filed
d. The cross-appellant’s
reply brief is due twenty days after the
date the cross-appellee’s brief is filed.
11.4 If appellant or
cross-appellant’s appeal is dismissed and
the appeal remains pending on the
undismissed notice of appeal, the briefing
schedule and page limitations will be as
provided for in the rules of appellate
procedure.
11.5. The Court may change
the requirements of this rule on its own
motion or motion of any party to the appeal.
Rule 12. Clerk’s Record in Civil Cases
(Tex. R. App. P. 34.5, 35)
Unless otherwise
stated, all references to a rule herein are
to the Texas Rules of Appellate Procedure.
Rule 12.1. Preparation of Clerk’s Record
(Tex. R. App. P. 34.5, 35)
The trial court clerk must
prepare and file the clerk’s record in
accordance with Rules 34.5 and 35. Even if
more than one notice of appeal or request
for inclusion of items is filed, the clerk
should prepare only one record in a case.
To prepare the clerk’s record, the trial
court clerk must:
(a) gather the documents
required by Rule 34.5(a) and those requested
by a party under Rule 34.5(b);
(b) start each document on a
new page;
(c) include the date of
filing on each document;
(d) arrange the documents in
ascending chronological order, by date of
filing or occurrence;
(e) start the page numbering
on the front cover of the first volume of
the clerk’s record and continue to number
all pages consecutively—including the front
and back covers, tables of contents,
certification page, and separator pages, if
any—until the final page of the clerk’s
record, without regard for the number of
volumes in the clerk’s record, and place
each page number at the bottom of each page;
(f) prepare, label, and
certify the clerk’s record as required by
this rule;
(g) as far as practicable,
include the date of signing by the judge on
each order and judgment;
(h) include on the front
cover of the first volume of the clerk’s
record, whether filed in paper or electronic
form, the following information, in
substantially the following form:
CLERK’S RECORD
VOLUME ____ of ____
Trial Court Cause No.
_______________________
In the ______ (District or
County) Court
of ___________ County, Texas,
Honorable _______________, Judge Presiding
__________________,
Plaintiff(s)
vs.
___________________,
Defendant(s)
Appealed to the
(Supreme Court of Texas at Austin, Texas,
or Court of Appeals for the _____ District
of Texas, at ________________, Texas).
Attorney for Appellant(s):
Name
________________________________________________________________________
Address
________________________________________________________________________
Telephone no.: ____________________________
Fax no.: __________________________________
E-mail address: ____________________________
SBOT no.: ________________________________
Attorney for:
______________________________, Appellant(s)
Name of clerk preparing the
clerk’s record:
____________________________________
(i) include on the front
cover of the second and subsequent volumes
of the clerk’s record the same information
required under 12.1(h), in substantially the
same form;
(j) prepare and include
after the front cover of the clerk’s record
a detailed table of contents identifying
each document in the entire record
(including sealed documents), the date each
document was filed, and, except for sealed
documents, the page on which each document
begins. The table of contents must be
double-spaced and conform to the order in
which documents appear in the clerk’s
record, rather than in alphabetical order.
If the clerk’s record consists of multiple
volumes, the table of contents must indicate
the page on which each volume begins. If
the clerk’s record is filed in electronic
form, the clerk must use bookmarks to link
each document description in the table of
contents, except descriptions of sealed
documents, to the page on which each
document begins; and
(k) conclude the clerk’s
record with a certificate in substantially
the following form:
The State of Texas
)
County of _____________ )
I, ___________, Clerk of the
______ Court of _________ County, Texas do
hereby certify that the documents contained
in this record to which this certification
is attached are all of the documents
specified by Texas Rule of Appellate
Procedure 34.5(a) and all other documents
timely requested by a party to this
proceeding under Texas Rule of Appellate
Procedure 34.5(b).
GIVEN UNDER MY HAND AND SEAL
at my office in _________, County, Texas
this ___ day of _____________.
signature of clerk
_______________________
name of clerk
__________________________
title
__________________________________
If the clerk’s record is
filed in electronic form, the trial court
clerk’s login and password serves as the
clerk’s signature on the certification
page. The clerk also must include either a
scanned image of the clerk’s signature or
“/s/” and the clerk’s name typed in the
space where the signature would otherwise
appear.
Rule 12.2. Filing an Electronic Clerk’s
Record
The Fifth Court
of Appeals prefers the filing of
clerk’s records in electronic form. When
filing a clerk’s record in electronic form,
the trial court clerk must:
(a) scan each image in black
and white with a resolution of 300 dots per
inch (dpi) when filing electronic documents
created as scanned images;
(b) create electronic
bookmarks to mark the first page of each
document in the clerk’s record;
(c) limit the size of each
computer file to 100 MB or less;
(d) file each computer file
in text-searchable Portable Document Format
(PDF), compatible with the latest version of
Adobe Reader;
(e) include the following
elements in the computer file name,
exemplified as
Dallas-DC-09-29-CLR-Vol001.pdf:
(1) county name without
spaces between words;
(2) a hyphen;
(3) the trial-court cause
number, preferably in the format the trial
court uses for cause numbers;
(4) a hyphen;
(5) “CLR-Vol”;
(6) the volume number as
three digits with leading zeroes if needed;
(7) a period; and
(8) “pdf”;
(f) if there are multiple
volumes in a clerk’s record, use volume
numbers pursuant to 12.2(e)(6) to identify
the sequential order of the volumes (e.g.,
Dallas-DC-09-29-CLR-Vol001.pdf,
Dallas-DC-09-29-CLR-Vol002.pdf, etc.);
(g) if filing a sealed
document, include a hyphen, the number of
the sealed document, and the term “Sealed”
after the term “CLR” in the computer file
name (e.g., Dallas-DC-09-29-CLR-1Sealed.pdf,
Dallas-DC-09-29-CLR-2Sealed.pdf), and file
each sealed document separately from the
remainder of the clerk’s record;
(h) if filing a supplement
to the clerk’s record, include a hyphen, the
number of the supplement, the term “Supp,”
and another hyphen after the term “CLR” in
the computer file name (e.g.,
Dallas-DC-09-29-CLR-1Supp-Vol001.pdf,
Dallas-DC-09-29-CLR-2Supp-Vol001.pdf); and
(i) submit each computer
file to the Texas Appeals Management and
E-filing System web portal, using the
guidelines
of the Fifth Court of Appeals’ website.
Rule 12.3. Filing a Paper Clerk’s Record
When filing a paper record,
the trial court clerk must:
(a) bind the documents
together in one or more volumes with a top
bound, two-inch capacity,
two-and-three-quarter-inch, center-to-center
removable fastener and no other binding
materials, like wax, ribbon, glue, staples,
tape, etc.;
(b) include no more than 500
pages in each volume including the cover
page;
(c) include only one-sided
copies in the clerk’s record;
(d) number the first volume
“1” and each succeeding volume sequentially;
(e) if practicable, make a
legible copy of the documents on opaque,
white, 8½ x 11 inch paper; and
(f) place each sealed
document in a securely sealed, manila
envelope that is not bound with the other
documents in the clerk’s record.
In the event of a material
violation of this rule 12 in the preparation
of the clerk’s record, on motion of a party
or on its own initiative, the appellate
court may require the trial court clerk to
amend the clerk’s record or to prepare a new
clerk’s record in proper form — and provide
it to any party who has previously made a
copy of the original, defective clerk’s
record — at the trial clerk’s expense. A
supplement to a clerk’s record must also be
prepared in conformity with this rule.
Rule
13. Electronic Reporter’s Record in Civil
Cases
(Tex. R. App. P. 34.6, 35)
(a) The court reporter
or court recorder must prepare and file the
reporter’s record in accordance with Rules
34.6 and 35 of the Texas Rules of Appellate
Procedure and the Uniform Format Manual for
Texas Reporters’ Records. Even if more than
one notice of appeal or request for
preparation of the record is filed, the
court reporter or court recorder should
prepare only one record in the case.
(b) If proceedings
were recorded stenographically, in lieu of
filing the reporter’s record of the
proceedings on paper, the court reporter
must file the reporter’s record in an
electronic format via the Texas Appeals
Management and E-filing System web portal,
in accordance with Section 8 of the Uniform
Format Manual for Texas Reporters’ Records
and the
guidelines
posted on the Fifth Court of Appeals’
website.
(c) In the event of a
material violation of this rule in the
preparation of a reporter’s record, on
motion of a party or on the court’s own
initiative, the appellate court may require
the court reporter or court recorder to
amend the reporter’s record or to prepare a
new reporter’s record in proper form — and
provide it to any party who has previously
made a copy of the original, defective
reporter’s record — at the reporter’s or
recorder’s expense. A court reporter who
fails to comply with the requirements of the
Uniform Format Manual for Texas Reporters’
Records is also subject to discipline by the
Court Reporters Certification Board.
Rule 14. Suspension of Local Rules for
Electronic Filings
Upon receipt of a motion or
on its own initiative, the Fifth Court of
Appeals may, to expedite a decision or for
other good cause, suspend a local rule
pertaining to the filing of electronic
records in a particular case and order a
different procedure in accordance with the
Texas Rules of Appellate Procedure.
Rule 15. Records in Criminal Cases
The
provisions of rules 12, 13 and 14 also apply
to the filing of clerk's records and
reporter's records in criminal cases.
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