Rule 32.

1997 Rules of Appellate Procedure

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Rule 51

RULE 32. DOCKETING STATEMENT

32.1 Civil Cases. Upon perfecting the appeal in a civil case, the appellant must file in the appellate court a docketing statement that includes the following information:

(a)

(1)if the appellant filing the statement has counsel, the name of that appellant and the name, address, telephone number, fax number, if any, and State Bar of Texas identification number of the appellant's lead counsel; or

(2)if the appellant filing the statement is not represented by an attorney, that party’s name, address, telephone number, and fax number, if any;

(b) the date the notice of appeal was filed in the trial court and, if mailed to the trial court clerk, the date of mailing;

(c) the trial court's name and county, the name of the judge who tried the case, and the date the judgment or order appealed from was signed;

(d) the date of filing of any motion for new trial, motion to modify the judgment, request for findings of fact, motion to reinstate, or other filing that affects the time for perfecting the appeal;

(e) the names of all other parties to the trial court's judgment or the order appealed from, and:

(1) if represented by counsel, their lead counsel's names, addresses, telephone numbers, and fax numbers, if any; or

(2) if not represented by counsel, the name, address, and telephone number of the party, or a statement that the appellant diligently inquired but could not discover that information;

(f) the general nature of the case — for example, personal injury, breach of contract, or temporary injunction;

(g) whether the appeal's submission should be given priority or whether the appeal is an accelerated one under Rule 28 or another rule or statute;

(h) whether the appellant has requested or will request a reporter’s record, and whether the trial was electronically recorded;

(i) the name of the court reporter;

(j) whether the appellant intends to seek temporary or ancillary relief while the appeal is pending;

(k)

(1) the date of filing of any affidavit of indigence;

(2) the date of filing of any contest;

(3) the date of any order on the contest; and

(4) whether the contest was sustained or overruled;

(l) whether the appellant has filed or will file a supersedeas bond; and

(m) any other information the appellate court requires.

32.2 Criminal Cases. Upon perfecting the appeal in a criminal case, the appellant must file in the appellate court a docketing statement that includes the following information:

(a)

(1) if the appellant has counsel, the name of the appellant and the name, address, telephone number, fax number, if any, and State Bar of Texas identification number of the appellant’s counsel, and whether the counsel is appointed or retained; or

(2) if the appellant is not represented by an attorney, that party's name, address, telephone number, and fax number, if any;

(b) the date the notice of appeal was filed in the trial court and, if mailed to the trial court clerk, the date of mailing;

(c) the trial court's name and county, and the name of the judge who tried the case;

(d) the date the trial court imposed or suspended sentence in open court, or the date the judgment or order appealed from was signed;

(e) the date of filing any motion for new trial, motion in arrest of judgment, or any other filing that affects the time for perfecting the appeal;

(f) the offense charged and the date of the offense;

(g) the defendant's plea;

(h) whether the trial was jury or nonjury;

(i) the punishment assessed;

(j) whether the appeal is from a pretrial order;

(k) whether the appeal involves the validity of a statute, ordinance, or rule;

(l) whether a reporter’s record has been or will be requested, and whether the trial was electronically recorded;

(m) the name of the court reporter;

(n)

(1) the dates of filing of any motion and affidavit of indigence;

(2) the date of any hearing;

(3) the date of any order; and

(4) whether the motion was granted or denied; and

(o) any other information the appellate court requires.

32.3 Supplemental Statements. Any party may file a statement supplementing or correcting the docketing statement.

32.4 Purpose of Statement. The docketing statement is for administrative purposes and does not affect the appellate court's jurisdiction.

Notes and Comments
Comment to 1997 change: The rule is new.

Last modified: November 08, 2001