Second Court of Appeals | Original Proceeding Worksheet

ORIGINAL PROCEEDINGS IN THE
COURT OF APPEALS FOR THE
SECOND DISTRICT OF TEXAS

This is a "worksheet" a practitioner may follow in preparing an Original Proceeding filed in this Court. It should help ensure that the tendered documents comply with the Appellate Rules and this Court's Local Rules. A hard copy is provided to those who file Original Proceedings in this Court. It is provided here as a courtesy to those who view this web page.

STYLE: In re ________________________________________________________________

REQUIREMENTS (see TEX. R. APP. P. 9.3-9.5, 20.1, & 52; 2D TEX. APP. (FORT WORTH) LOC. R. 1 & 2):

1. Petition

a. original and 4 copies

b. complete list of all parties, plus names & addresses of all counsel

c. table of contents

d. index of authorities

e. statement of the case:

  description of underlying proceeding
  name or designation of respondent & location of respondent's office
  description of respondent's action complained of
  description of how & where relator is being deprived of liberty
          habeas only

f. statement of jurisdiction

g. statement of issues presented

h. if requesting oral argument, a short statement of reasons
why argument would be helpful

i. statement of facts (supported by refs. to appendix or record)

j. argument

k. affidavit verifying truth of factual allegations

l. prayer stating relief sought

m. form:

  50 pages or less
  white, 8 ½ x 11-inch paper
  one-inch margins (top, bottom, sides)
  double-spaced (except footnotes, etc.)
  stapled in top L-hand corner or bound
  front & back covers (lt. blue)
  either 10-pt. courier nonproportional OR
          13-pt. proportional typeface

n. is temporary relief requested?

     o.  proof of service (TEX. R. APP. P. 9.5(d))    If temporary relief requested,
             must certify that all parties notified by expedited means
             before relief can be granted. (TEX. R. APP. P. 52.10(a))

2. Appendix

a. original and 4 copies

b. certified or sworn copy of order complained of (or other
document showing matter complained of)

c. text of pertinent rules, statutes, etc. (should be listed in index)

d. proof that relator is being restrained (habeas only)

e. form:

  stapled in top L-hand corner or bound
  tabbed
  indexed
  front & back covers (lt. blue)

3. Record (may be included in Appendix)

a. certified or sworn copies of all exhibits that were filed in trial court

b. reporter's record OR statement that no relevant testimony was given

4. Filing fee(s) or affidavit of indigence (TEX. R. APP. P. 20.1(b))

5. Response & Appendix to Response

The response and its appendix must meet the requirements of parts 1 & 2, above, with the following exceptions:

a. no list of parties required except as necessary to supplementor correct list in petition

b. no statement of the case, statement of issues presented, or statement of facts required
unless dissatisfied with that portion of petition

c. omit statement of jurisdiction, except to challenge it

d. argument limited to issues raised in petition

e. front & back covers should be red

f. appendix need not include any item contained in relator's appendix

6. Reply

Relator may file a reply addressing any matter in response, but the court may consider and decide the case before a reply is filed.

Front & back covers should be gray.