Adopted September 23, 1998
Effective October 1, 1998
Amended Effective September 27, 2011
Approved by the Supreme Court of Texas
and the Texas Court of Criminal Appeals
| Rule 1: | Scope of Local Rules | |
| Relationship to Tex. R. App. P. | ||
| Relationship to Jurisdiction | ||
| Rule 2: | Alternative Dispute Resolution (ADR) | |
| Rule 3: | Papers Generally | |
| 3.1: Papers Filed Before the Docketing Statement | ||
| 3.2: Filing by Fax | ||
| Rule 4: | Bankruptcy And Other Stays in Civil Cases | |
| Rule 5: | Docketing Statements | |
| 5.1: Forms | ||
| 5.2: Time to File | ||
| Rule 6: | Motions | |
| 6.1: Number of Copies | ||
| 6.2: Motions for Rehearing | ||
| 6.3: Objections to Visiting Judges | ||
| Rule 7: | Appellate Record | |
| 7.1: Notice of Late Record | ||
| 7.2: Withdrawal of the Record | ||
| 7.3: Preparation of Clerk's Record | ||
| 7.4: Filing an Electronic Clerk's Record | ||
| 7.5: Filing a Paper Clerk's Record | ||
| 7.6: Electronic Reporter's Record | ||
| 7.7: Suspension of Local Rules for Electronic Filings | ||
| Rule 8: | Briefs | |
| 8.1: Number of Copies | ||
| 8.2: Time for Filing Briefs in Appeals in Habeas Corpus Proceedings | ||
| 8.3: Additional Citations | ||
| 8.4: Amendment or Supplementation | ||
| 8.5: Post-Submission Briefs | ||
| Rule 9: | Oral Argument | |
| 9.1: Time Allowed | ||
| 9.2: Waiver | ||
| 9.3: Failure to Appear | ||
| 9.4: Audio Recordings | ||
| Rule 10: | Electronic Filings of Documents | |
| Rule 11: | Unbound Copy Required if Opt Not to E-File |
Forms
The Fourth Court of Appeals forms are available on the Forms page.
1. Scope of Local Rules
(Tex. R. App. P. 1.2)
1.1 Relationship to Tex. R. App. P. These rules supplement the procedures in the Texas Rules of Appellate Procedure and, unless otherwise specified, apply to both civil and criminal cases. If the Texas Rules of Appellate Procedure conflict with these local rules, the Texas Rules of Appellate Procedure govern.
1.2 Relationship to Jurisdiction. These rules do not extend or limit the jurisdiction of this Court, but
failure to comply with these rules may result in the dismissal of an appeal after the Court gives the noncomplying party notice and
a reasonable opportunity to cure.
Notes & Comments: The notes and comments appended to the local rules are not part of the rules. Instead,
they reflect the Court's general procedures and preferences and are provided for the convenience of the public.
2. Alternative Dispute Resolution (ADR)
On a party's motion, or on the Court's own initiative after reviewing the docketing statement, the Court may refer a civil case to alternative dispute resolution.
3. Papers Generally
(Tex. R. App. P. 9)
3.1 Papers Filed Before the Docketing Statement. If a document is filed in this Court before the appellant's docketing statement is filed, the certificate of service must include the names, addresses, and telephone numbers of each person served.
3.2 Filing by Fax.
Documents of ten pages or less may be filed in this Court by fax. Documents may be faxed to the Court both during and after normal
working hours. The Court is not responsible for events that disrupt, impair, or render impossible the receipt of documents transmitted by fax.
Notes & Comments:
The Clerk will mail a file-marked copy of a document to any party who tenders an extra copy of the document and a postage-paid
self-addressed envelope. The Court encourages parties to use the same method of service of a document on a party as is used in
filing the document with the Court.
4. Bankruptcy and Other Stays in Civil Cases
(Tex. R. App. P. 8)
Any party may file a notice of bankruptcy or otherwise claim an automatic stay of the appeal as provided by federal or state law. The notice must be accompanied by an appropriate form of proof. The appeal will be abated and, for administrative purposes, treated as a closed case. However, the appeal may be reinstated on prompt motion of any party showing the stay has been lifted and specifying what further action, if any, is required from this Court.
5. Docketing Statements
(Tex. R. App. P. 32)
5.1 Forms. Each appellant must file a docketing statement and attach a signed copy of the judgment or order being appealed.
5.2 Time to File.
The docketing statement must be filed in the Fourth Court of Appeals when the notice of appeal is filed.
Notes & Comments: To assist the efficient handling of cases, the Court encourages appellants to
accurately complete the docketing statements adopted by the Court. See Appendix A (civil appeals), Appendix B (ADR), and
Appendix C (criminal appeals).
6. Motions
(Tex. R. App. P. 10, 26.3, 38.6(d) & 49.8 (c))
6.1 Number of Copies. A party need only file an original and one copy of each motion.
6.2 Motions for Rehearing.
A motion for rehearing en banc must be filed separately from a motion for rehearing.
Notes & Comments:
Motions for extension of time are no longer required to file the appellate record, but they may be used for filing briefs.
The titles of motions should be descriptive and indicate whether agreed or opposed and whether emergency relief is requested.
Proposed orders should not be submitted. Parties should not wait for the Court's ruling on a motion for extension of time
but should meet all deadlines at the earliest possible date. Any objection to a visiting judge should be filed within ten
days of the date the Clerk sends the parties notice that a visiting judge has been assigned to the appeal.
7. Appellate Record
(Tex. R. App. P. 12.4, 34 & 35)
7.1 Notice of Late Record. If an official requires additional time to file a record, the official must request additional time from the Court using the form adopted by the Court. See Appendix D ("Official's Notice of Late Record"). Failure to file the record by the due date or according to the Court's directives will result in appropriate court action.
7.2 Withdrawal of the Record.
(a) Attorneys of Record.
At any time before an appeal is set for submission, attorneys of record may withdraw all or part of a record without a motion
for a period of 14 days. After the Clerk sends the parties notice setting the appeal for submission, attorneys may review a
record in the Court's offices only.
(b) Pro Se Parties. Parties who are representing themselves and are not licensed attorneys may inspect a record only in designated areas within the Court's offices. However, the Court may grant a motion requesting permission to review the record on other terms.
(c) Protection of the Record. The record must not be disassembled.
7.3 Preparation of Clerk's Record. The trial court clerk must prepare and file the clerk's record in accordance with Rules 34.5 and 35. Even if more than one notice of appeal or request for inclusion of items is filed, the clerk should prepare only one record in a case. To prepare the clerk's record, the trial court clerk must:
(a) gather the documents required by Rule 34.5(a) and those requested by a party under Rule 34.5(b);
(b) start each document on a new page;
(c) include the date of filing on each document;
(d) arrange the documents in ascending chronological order, by date of filing or occurrence;
(e) start the page numbering on the front cover of the first volume of the clerk's record and continue to number all pages consecutively-including the front and back covers, tables of contents, certification page, and separator pages, if any-until the final page of the clerk's record, without regard for the number of volumes in the clerk's record, and place each page number at the bottom of each page;
(f) prepare, label, and certify the clerk's record as required by this rule;
(g) as far as practicable, include the date of signing by the judge on each order and judgment;
(h) include on the front cover of the first volume of the clerk's record, whether filed in paper or electronic
form, the following information, in substantially the following form:
VOLUME ____ of ____
Trial Court Cause No. ________________________________
In the _____ (District or County) Court
of _________________ County, Texas,
Honorable ___________________________________, Judge Presiding
________________________________________, Plaintiffs)
vs.
________________________________________, Defendant(s)
Appealed to the
(Supreme Court of Texas at Austin, Texas,
or Court of Criminal Appeals of Texas at Austin, Texas,
or Court of Appeals for the _____ District of Texas, at _______________, Texas).
Name: ___________________________________________
Address: __________________________________________
Telephone no.:_____________________________________
Fax no.:___________________________________________
E-mail address:______________________________________
SBOT no.:__________________________________________
Attorney for: _______________________________________, Appellant(s)
Name of clerk preparing the clerk's record:____________________________________
(i) include on the front cover of the second and subsequent volumes of the clerk's record the same information required under Rule 7.4(h), in substantially the same form;
(j) prepare and include after the front cover of the clerk's record a detailed table of contents identifying each document in the entire record (including sealed documents), the date each document was filed, and, except for sealed documents, the page on which each document begins. The table of contents must be double-spaced and conform to the order in which documents appear in the clerk's record, rather than in alphabetical order. If the clerk's record consists of multiple volumes, the table of contents must indicate the page on which each volume begins. If the clerk's record is filed in electronic form, the clerk must use bookmarks to link each document description in the table of contents, except descriptions of sealed documents, to the page on which each document begins; and
(k) conclude the clerk's record with a certificate in substantially the following form:
County of __________________ )
I, ________________, Clerk of the _____________ Court of _____________ County, Texas do
hereby certify that the documents contained in this record to which this
certification is attached are all of the documents specified by Texas Rule of
Appellate Procedure 34.5(a) and all other documents timely requested by a party
to this proceeding under Texas Rule of Appellate Procedure 34.5(b).
GIVEN UNDER MY HAND AND SEAL at my office in _________________________, County,
Texas ____ this day of _____________.
signature of clerk ____________________
name of clerk _______________________
title _______________________________
If the clerk's record is filed in electronic form, the trial court clerk's login and password serves as the clerk's signature on the certification page. The clerk also must include either a scanned image of the clerk's signature or "/s/" and the clerk's name typed in the space where the signature would otherwise appear.
7.4 Filing an Electronic Clerk's Record. The Fourth Court of Appeals prefers the filing of clerk's records in electronic form. When filing a clerk's record in electronic form, the trial court clerk must:
(a) scan each image in black and white with a resolution of 300 dots per inch (dpi) when filing electronic documents created as scanned images;
(b) create electronic bookmarks to mark the first page of each document in the clerk's record;
(c) limit the size of each computer file to 100 MB or less;
(d) file each computer file in text-searchable Portable Document Format (PDF), compatible with the latest version of Adobe Reader;
(e) include the following elements in the computer file name, exemplified as Bexar-2009CR12209-CLR-Vol001.pdf:
(1) county name without spaces between words;
(2) a hyphen;
(3) the trial court cause number, preferably in the format the trial court uses for cause numbers;
(4) a hyphen;
(5) "CLR-Vol";
(6) the volume number as three digits with leading zeroes if needed;
(7) a period; and;
(8) "pdf";
(f) if there are multiple volumes in a clerk's record, use volume numbers pursuant to Rule 12.2(e)(6) to identify the sequential order of the volumes (e.g., Bexar-2009CR12209-CLR-Vol001.pdf, Bexar-200912209-CLR-Vol002.pdf, etc.);
(g) if filing a sealed document, include a hyphen, the number of the sealed document, and the term "Sealed" after the term "CLR" in the computer file name (e.g., Bexar-2009CR12209-CLR-1Sealed.pdf, Bexar-2009CR12209-CLR-2Sealed.pdf), and file each sealed document separately from the remainder of the clerk's record;
(h) if filing a supplement to the clerk's record, include a hyphen, the number of the supplement, the term "Supp," and another hyphen after the term "CLR" in the computer file name (e.g., Bexar-2009CR12209-CLR-1Supp-Vol001.pdf, Bexar-2009CR12209-CLR-2Supp-Vol001.pdf); and
(i) submit each computer file to the Texas Appeals Management and E-filing System web portal, using the guidelines of the Fourth Court of Appeals' website.
7.5 Filing a Paper Clerk's Record. When filing a paper record, the trial court clerk must:
(a) bind the documents together in one or more volumes with a top bound, two-inch capacity, two-and-three-quarter-inch, center-to-center removable fastener and no other binding materials, like wax, ribbon, glue, staples, tape, etc.;
(b) include no more than 500 pages in each volume including the cover page;
(c) include only one-sided copies in the clerk's record;
(d) number the first volume "1" and each succeeding volume sequentially;
(e) if practicable, make a legible copy of the documents on opaque, white, 8 1/2 x 11 inch paper; and
(f) place each sealed document in a securely sealed, manila envelope that is not bound with the other documents in the clerk's record.
In the event of a material violation of this rule in the preparation of the clerk's record, on motion of a party or on its own initiative, the appellate court may require the trial court clerk to amend the clerk's record or to prepare a new clerk's record in proper form - and provide it to any party who has previously made a copy of the original, defective clerk's record - at the trial clerk's expense. A supplement to a clerk's record must also be prepared in conformity with this rule.
7.6 Electronic Reporter's Record.
(a) The court reporter or court recorder must prepare and file the reporter's record in accordance with Rules 34.6 and 35 of the Texas Rules of Appellate Procedure and the Uniform Format Manual for Texas Reporters' Records. Even if more than one notice of appeal or request for preparation of the record is filed, the court reporter or court recorder should prepare only one record in the case.
(b) If proceedings were recorded stenographically, in lieu of filing the reporter's record of the proceedings on paper, the court reporter must file the reporter's record in an electronic format via the Texas Appeals Management and E-filing System web portal, in accordance with Section 8 of the Uniform Format Manual for Texas Reporters' Records and the guidelines posted on the Fourth Court of Appeals' website.
(c) In the event of a material violation of this rule in the preparation of a reporter's record, on motion of a party or on the court's own initiative, the appellate court may require the court reporter or court recorder to amend the reporter's record or to prepare a new reporter's record in proper form-and provide it to any party who has previously made a copy of the original, defective reporter's record-at the reporter's or recorder's expense. A court reporter who fails to comply with the requirements of the Uniform Format Manual for Texas Reporters' Records is also subject to discipline by the Court Reporters Certification Board.
7.7 Suspension of Local Rules for Electronic Filings. Upon receipt of a motion or on its own initiative, the Fourth Court of Appeals may, to expedite a decision or for other good cause, suspend a local rule pertaining to the filing of electronic records in a particular case and order a different procedure in accordance with the Texas Rules of Appellate Procedure.
Notes & Comments: The Court generally permits additional time to file a record, up to 60 days from the original due date. Any additional time may be permitted at the Court's discretion. Counsel is reminded that filing a supplemental record does not alter the briefing schedule. Counsel and trial court clerks are also reminded that documents sealed by order of the trial court or otherwise described by statute as confidential (such as juror information sheets) should be filed separately from unsealed portions of the record and should be accompanied by the sealing order, if any. This Court may also seal records if requested. If a record is damaged by a party or attorney, the Court may order the record recertified and invoke any available remedy, including those provided by the Texas Penal Code. In criminal cases, the parties may use the copy of the appellate record filed with the trial court clerk in addition to the copy filed with this Court.
8. Briefs
(Tex. R. App. P. 9, 31.1 & 38)
8.1 Number of Copies. The number of copies of a brief that must be filed is governed by Rule 9.3 of the Texas Rules of Appellate Procedure.
8.2 Time for Filing Briefs in Appeals in Habeas Corpus & Bail Proceedings
(a) Appellant's Brief.
The appellant's brief must be filed no later than 20 days after the date the clerk's record or the reporter's record
is filed, whichever is later.
(b) State's Brief. The State's brief must be filed no later than 20 days after the date the appellant's brief is filed.
8.3 Additional Citations. A party may file a letter containing additional citations with succinct comment, at any time without leave of Court.
8.4 Amendment or Supplementation. If a party wishes to amend or supplement the party's brief other than in the manner permitted by Local Rule 8.3, the party must obtain the Court's permission.
8.5 Post-Submission Briefs.
(a) Requested by the Court.
If the Court requests a post-submission brief, the brief must be filed at the time indicated by the Court; or, if no
time is specified, within ten days after the Court's request. An opposing party's reply to a post-submission brief
requested by the Court must be filed no later than ten days after the date of the brief requested by the Court. If
an additional post-submission brief is requested by the Court, the aggregate page limits contained in the Texas Rules
of Appellate Procedure do not apply.
(b) Not Requested by the Court. If a party wishes to file a post-submission brief that has not been requested by the Court, the party must obtain the Court's permission.
Notes & Comments: Citations should use jump cites or pinpoint cites and should conform to the most recent editions of Harvard L. Rev., A Uniform System of Citation (the Bluebook), and Tex. L. Rev., Texas Rules of Form (the Greenbook). The Court encourages the use of appendices, especially for federal authorities not found in its own library. The reporter's record may be referred to as "RR" and the clerk's record as "CR." As a general rule, the Court will not give permission to file a brief containing additional issues or points of error after a case has been submitted to the Court for decision. The Court interprets the term "amended brief" to mean a brief that completely replaces the original brief. Pursuant to administrative order of the Court, the Clerk of the Court is authorized to attest to per curiam orders granting extensions of time to file briefs. The Court generally grants a requested extension of time to file a brief, up to 60 days from the original due date. Additional time may be granted at the Court's discretion. An appellant who is also in the position of appellee may request permission to file a combination brief.
9. Oral Argument
(Tex. R. App. P. 39)
9.1 Time Allowed. Oral argument will be limited to 20 minutes for the appellant's opening argument, 20 minutes for the appellee's argument, and ten minutes for the appellant's rebuttal.
9.2 Waiver. Any party who requests oral argument and later decides to waive argument must notify the Court and the other parties in writing before the date set for submission.
9.3 Failure to Appear. Any attorney or party who wishes to present argument must register in the Clerk's office 30 minutes before the time scheduled for argument and must also orally announce their appearance in the courtroom at the time scheduled for argument. If an attorney or party fails to comply with this rule, the Court will deem oral argument waived and may take any other appropriate action.
9.4 Audio Recordings. The Court makes audio recordings of oral argument for its own use. However, a party may purchase a copy of the recording from the Clerk. The Court does not guarantee the recording will be clear or audible, and the Court will generally not grant a rehearing because the recording is not clear or audible.
Notes & Comments: If oral argument is waived, a case may receive expedited consideration. If an issue or point of error raised in a brief is not discussed at argument, the Court will nonetheless consider the issue or point of error preserved for appellate review. If an attorney or party intends to cite a case that is not contained in the briefs, the attorney or party should provide a copy of the case to the Clerk and opposing counsel before argument. The Court monitors the time during oral argument.
10. Electronic Filings of Documents
(a) Electronic filing permitted. A party may electronically file (e-file) any document that may be filed with the court in paper form, except a document under seal or subject to a motion to seal.
(b) E-filing mechanism. E-filing must be done through Texas.gov, the portal established by the Texas Legislature. Directions for its use may be found on its website. This is a summary. A person must first register with an Electronic Filing Service Provider (EFSP). A list of approved EFSPs is on the Texas.gov website. The EFSP will provide the registrant with a confidential, secure username and password to use when e-filing a document. This username and password will also function as a signature on each e-filed document, and will authorize payment of all filing fees and service fees. A document to be e-filed must be transmitted to the EFSP, which will send the document to Texas.gov, which in turn will send the document to the clerk. The e-filer will receive by email an immediate acknowledgment of the e-filing, a confirmation of the clerk's acceptance of the filing, and a file-stamped copy of the document. Fees charged by Texas.gov for the e-filing of a document are in addition to any filing fees and are costs of court.
(c) Electronic service.
A party who has registered to e-file documents through an EFSP may electronically serve (e-serve) documents through that EFSP on any other party
who has consented to e-service by registering for the e-service option with an EFSP or by setting up a complimentary account with Texas.gov.
Directions may be found on the Texas.gov website.
(1) Service through an EFSP is complete on transmission to the e-served person's EFSP or complimentary Texas.gov account. The e-filer's EFSP will send proof of service to the e-filer. Fees that an EFSP charges for e-service are not costs of court.
(2) If an e-filer must serve a copy of a document on a party who has not consented to e-service, the e-filer must comply with the
service requirements in Texas Rule of Appellate Procedure 9.5 and, on the same day t0he document is e-filed, must send the document to:
(A) the party's lead counsel by email if the e-filer has an email address for the lead counsel; or
(B) if the party is not represented by counsel, to the party by email if the e-filer has the party's email address.
(d) Redaction of information in e-filed document.
(1) Unless the court orders otherwise, an e-filed document must not contain a social security number; a birth date; a home address; the name of any person who was a minor when the underlying suit was filed; a driver's license number, passport number, tax identification number, or similar government-issued personal identification number; or a bank account number, credit card number, or other financial account number. The e-filer must redact all of this information in accordance with the redaction guidelines posted by the Supreme Court's Clerk on the Supreme Court's website; however, the e-filed document may contain a reference to this information as long as the reference does not include any part of the actual information (e.g., "passport number"). For good cause, the court may order redaction of additional information.
(2) The e-filing of a document constitutes a certification by all attorneys of record for the party filing the document that the document complies with paragraph (1) of this rule.
(3) If an e-filer believes any information described in paragraph (1) of this rule is essential to an e-filed document or that the e-filed document would be confusing without the information, the e-filer may submit the information to the co urt in a reference list that is in paper form and under seal. The reference list must specify an appropriate identifier that corresponds uniquely to each item listed. Any reference in the e-filed document to a listed identifier will be construed to refer to the corresponding item of information. If the e-filer provides a reference list pursuant to this rule, the front page of the e-filed document must indicate that the reference list has been, or will be, provided.
(4) On its own initiative, the court may order a sealed reference list in any case. The court may also order that a document be filed under seal in paper form, without redaction. The court may later unseal the document or order the filer to provide a redacted version of the document for the public record.
(e) Format of e-filed document. An e-filed document must be formatted as follows:
(1) An e-filed document must be formatted in accordance with Texas Rule of Appellate Procedure 9.4(b)-(e). The "paper" requirements in Rule 9.4(b)-(c) apply equally to a "page" of the e-filed document.
(2) An e-filed document must be in text-searchable portable document format (PDF) compatible with the latest version of Adobe Reader. An EFSP will convert each e-filed document from its original form into a PDF file that complies with this rule.
(3) Records filed in original proceedings and appendix materials may be scanned if necessary, but scanning creates larger file sizes with images of lesser quality and should be avoided when possible. An appendix must be combined into one computer file with the document it is associated with, unless the resulting computer file would exceed Texas.gov's size limits for the document. If a record filed in an original proceeding or an appendix contains more than one item, it should include a table of contents and either bookmarks to assist in locating each item or separator pages with the title of the item immediately following and any number or letter associated with the item in the table of contents.
(4) A scanned document must be made searchable using optical-character-recognition software, such as Adobe Acrobat, and have a resolution of 300 dots per inch (dpi).
(5) An e-filed document may contain hyperlinks to another part of the same document, an external source cited in the document, an appendix item associated with the document, an embedded case, or a record cite. Hyperlinks within an appendix item are also permitted.
(6) An e-filed document must not contain a virus or malware. The e-filing of a document constitutes a certification by the e-filer that the document has been checked for viruses and malware.
(7) The court may strike an e-filed document for nonconformance with this rule.
(f) Signatures on e-filed documents.
(1) Except as otherwise provided by this rule, the confidential, secure username and password that the e-filer must use to e-file a document constitute the e-filer's signature on the document, in compliance with signature requirements in the Texas Rules of Appellate Procedure. When a signature is provided in this manner, the e-filer must also include either an "/s/" and the e-filer's name typed in the space where the e-filer's signature would otherwise appear or an electronic image of the e-filer's signature, which may take the form of a public key-based digital signature or a scanned image of the e-filer's signature. The e-filer must not allow the e-filer's username or password to be used by anyone other than an agent who is authorized by the e-filer.
(2) If a document must be notarized, sworn to, or made under oath, the e-filer must e-file the document as a scanned image containing the necessary signature(s).
(3) If a document requires the signature of an opposing party, the e-filer must e-file the document as a scanned image containing the opposing party's signature.
(4) When an e-filer e-files a scanned image of a document pursuant to paragraph (2) or (3) of this rule, the e-filer must retain the original document from which the scanned image was made until the case in which the document was filed is resolved. If the original document is in another party's possession, that party must retain the original document until the case in which the document was filed is resolved.
(5) If an e-served document was also e-filed and the person who completes a certificate of service under Texas Rule of Appellate Procedure 9.5(e) is different from the person who e-filed the document, the person who completes the certificate of service must sign the certificate by including either an"/s/" and his or her name typed in the space where his or her signature would otherwise appear or an electronic image of his or her signature.
(g) Time of e-filing. A document will be considered filed timely if it is e-filed at any time before midnight (in the court's time zone) on the date on which the document is due.
(1) An e-filed document is deemed filed when the e-filer transmits the document to the e-filer's EFSP, unless the document is transmitted on a Saturday, Sunday, or legal holiday or requires a motion and an order allowing its filing.
(2) If a document is transmitted on a Saturday, Sunday, or legal holiday, it will be deemed filed on the next day that is not a Saturday, Sunday, or legal holiday.
(3) If a document requires a motion and an order allowing its filing, it will be deemed filed on the date the motion is granted.
(4) If an e-filed document is untimely due to a technical failure or a system outage, the e-filer may seek appropriate relief from the court.
(h) Paper copies. An e-filer is not required to file any paper copies of an e-filed document, except that paper copies of a petition for discretionary review must still be filed in accordance with Rule 9 of the Texas Rules of Appellate Procedure within one business day after the petition is e-filed.
(i) Email address requirements and communications with the clerk. An e-filed document must include the e-filer's email address, in addition to any other information required by the Texas Rules of Appellate Procedure. If the e-filer's email address changes, the e-filer must provide the clerk and the e-filer's EFSP with the new email address within one business day of the change. If there is a change in the email address of a party who has consented to receive e-service, the party must provide Texas.gov or, if applicable, the party's EFSP with the new email address within one business day of the change. The clerk may send notices or other communications about a case to an attorney's email address in lieu of mailing paper documents.
(j) Casemail registration. Lead counsel must register for Casemail and follow the instructions for receiving notices for cases in which they represent a party.
(k) Construction of rules. This rule must be liberally construed so as to avoid undue prejudice to any person who makes a good-faith effort to comply with requirements in this rule.
11. Unbound Copy Required if Opt Not to E-File
If a party opts not to e-file a document and to file the document in paper form instead, the original document filed with the court must be in the form provided by Rule 9.4 of the Texas Rules of Appellate Procedure. However, one of the copies must be unbound and one-sided and contain no hard covers, tabs, or any other item that would impede the scanning of the document. In lieu of tabs, separator pages with the title of the item immediately following should be used.
ORDER ADOPTING LOCAL RULES
IT IS ORDERED that, effective October 1, 1998, these rules are adopted as local rules for the Fourth Court of Appeals with the permission of the Texas Supreme Court and Texas Court of Criminal Appeals. The notes and comments appended to the local rules are not part of the rules and do not have the same force and effect as the rules. All local rules promulgated before October 1, 1998 are rescinded, but this shall not affect any proper action taken pursuant to such rescinded rules prior to the effective date of the rules adopted herein. Done September 23, 1998, effective October 1, 1998.
IT IS ORDERED that, effective June 1, 2011, an amendment to Local Rule 7 has been adopted to add five additional subsections to the local rules for the Fourth Court of Appeals subject to the approval of the Texas Supreme Court and the Texas Court of Criminal Appeals. Done April 19, 2011, effective June 1, 2011.
IT IS ORDERED that, effective September 27, 2011, an amendment to the local rules for the Fourth Court of Appeals was adopted to amend Local Rule 7.4(f) and to add Local Rules 10 and 11. Done September 6, 2011, effective September 27, 2011.
Updated: 20-Dec-2011
