Where can I find the
Local Rules?
Are there
Revisions to the Local Rules?
Where can I find the Civil Docketing
Statement?
Where can I find the Criminal Docketing
Statement?
What
are the Fees and Deposits for Costs?
How many copies are required?
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?
I
cannot afford a lawyer, how can I get the Court to appoint one for me?
I
Need a Lawyer, how can I find one?
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 seven 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
Filing fee $175
Original proceeding $125
Motions $10
Motion for rehearing $15
Exhibits tendered for oral argument $25
Appointment of lawyers is usually done at
the trial court level.
Additional resources:
Referral Directory:
Categorized by county, it contains the State Bar of Texas - Texas Lawyers
Care guide to help low-income Texans find civil legal services. Although
the Referral Directory probably contains the information, you can also
call your local bar association, or the one in a large city nearby, to see
if they can assist with referring you to an organization that can help
you.
For your information, the Supreme Court has
recently appointed commission to develop and publish a strategic plan for
statewide delivery of services to low-income Texans. Be on the lookout for
more information as they begin their work. You can check their web page at
http://www.TexasATJ.org.
In addition to the low income Referral
Directory, there is also a State Bar of Texas Lawyer Referral Service. The
number is 800-252-9690. All of the Referral Programs are listed on the
page Lawyer Referral
Services - Full Fee and Reduced Fee on the Referral
Directory.
|