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The following amendments to the
local rules for the
Fifth District Court of Appeals for the State
of Texas sitting at Dallas, Texas have been
approved by the Supreme Court of Texas.
Rule 4(b)
(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.
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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.
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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.
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No one may check out the record once a case
has been set for submission except by order
of the Court.
Rule 10
A party must file the original and seven
(7) 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.
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