Third Court of Appeals | Practice Before the Court

Practice Before the Court

Third Court of Appeals



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The Court of Appeals for the Third District of Texas has no formal local rules, but this memorandum describes the Court's general procedures. See Tex. R. App. P. 1.2.


General

  1. The Clerk's office is open continuously from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for certain legal holidays. See Tex. Gov't Code Ann. §§ 662.003, .004, .021, .022 (West 1994 & Supp. 2002). The street address for the Clerk's office is room 101 of the Price Daniel, Sr. Building, 209 West 14th Street, Austin, Texas 78701. The courtroom is located on the first floor (not the ground floor) of the Price Daniel, Sr. Building. The mailing address for the Clerk's office is Post Office Box 12547, Austin, Texas 78711-2547. The telephone number for the Clerk's office is (512) 463-1733. The telecopier number for the Clerk's office is (512) 463-1685; however, the Clerk cannot accept electronic filings. See Tex. Gov't Code Ann. § 51.803(b) (West 1998); Tex. R. App. P. 9.2(c). The Court's web site is http://www.3rdcoa.courts.state.tx.us.
  2. The Court sits in two three-judge panels whose membership changes each February 1 and September 1. See Tex. Gov't Code Ann. § 22.222(b) (West 1988). Oral submission of causes usually occurs on Wednesdays at 8:30 a.m. and 1:30 p.m. The Court typically allows twenty minutes for each side to argue; the appellant may reserve time for rebuttal. A party should request additional time well in advance of the date of oral submission.
  3. The Court releases its opinions and orders on a daily basis.
  4. The Court follows The Bluebook: A Uniform System of Citation (17th ed.) and Texas Rules of Form (10th ed., 2d printing) with a few minor exceptions.
  5. The Court's library includes United States Supreme Court Reports, Lawyer's Edition, so a parallel citation to that private reporter is helpful; the Court's library also includes United States Code Annotated. The Court has access to the Federal Supplement, Federal Reporter, West regional reporters, Code of Federal Regulations, Federal Register, and Texas Register in the State Law Library, but would appreciate receiving copies of those materials when they are germane. Counsel are advised to include relevant municipal and county ordinances in the appellate record. See Metro Fuels, Inc. v. City of Austin, 827 S.W.2d 531 (Tex. App.—Austin 1992, no writ). The Court has access to Lexis-Nexis but not Westlaw, so citations to Lexis-Nexis are appreciated.
  6. A jurisdiction check is performed on causes once the clerk's record is received, which may result in the Clerk sending a letter inquiring about the status of the cause. Counsel should regard such letters as a communication from the Court, but should not regard such letters as a final determination by the Court even if the letter states that the Court has taken a particular position or action. If counsel regards a statement in a clerk's letter as significant to the cause, counsel should consider tendering a motion and requesting a formal ruling on the matter.

Updated: 15-Sep-2006