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SECTION I: GENERAL PROVISIONS

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Rule 1. Scope of Rule; Local Rules of Courts of Appeals

1.1. Scope

These rules govern procedure in appellate courts and before appellate judges and post-trial procedure in trial courts in criminal cases.

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1.2. Local Rules and Forms

(a) Promulgation.

A court of appeals may promulgate rules and forms governing its practice that are not inconsistent with state or federal law or rules adopted by the Supreme Court or the Court of Criminal Appeals. To be effective, local rules and forms must be published on the Office of Court Administration’s website. 

b) Party’s Noncompliance.

A court must not dismiss an appeal due to a party’s failure to comply with a local rule or form without giving the noncomplying party notice and a reasonable opportunity to cure the noncompliance.

Notes and Comments

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Comment to 1997 change: Subdivision 1.1 is simplified without substantive change. Subdivision 1.2 is amended to make clear that any person is entitled to a copy of local rules. Paragraph 1.2(c), restricting dismissal of a case for noncompliance with a local rule, is added.

Comment to 2023 change: Rule 1.2 is amended to remove the requirement that the Supreme Court of Texas and Court of Criminal Appeals approve local rules and to expressly address local forms. The amended rule provides that local rules and forms must not conflict with other laws or rules and that they are not effective unless published on the Office of Court Administration’s website.

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Rule 2. Suspension of Rule

On a party's motion or on its own initiative an appellate court may — to expedite a decision or for other good cause — suspend a rule's operation in a particular case and order a different procedure; but a court must not construe this rule to suspend any provision in the Code of Criminal Procedure or to alter the time for perfecting an appeal in a civil case.

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Notes and Comments

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Comment to 1997 change: Former subdivision (a) regarding appellate court jurisdiction is deleted. The power to suspend rules is extended to civil cases. Other nonsubstantive changes are made.

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Rule 3. Definitions; Uniform Terminology

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3.1. Definitions

(a) Appellant means a party taking an appeal to an appellate court.

(b) Appellate court means the courts of appeals, the Court of Criminal Appeals, and the Supreme Court.

(c) Appellee means a party adverse to an appellant.

(d) Applicant means a person seeking relief by a habeas corpus in a criminal case;

(e) Petitioner means a party petitioning the Supreme Court or the Court of Criminal Appeals for review.

(f) Relator means a person seeking relief in an original proceeding in an appellate court other than by habeas corpus in a criminal case.

(g) Reporter or court reporter means the court reporter or court recorder.

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(h) Respondent means:

(1) a party adverse to a petitioner in the Supreme Court or the Court of Criminal Appeals; or

(2) a party against whom relief is sought in an original proceeding in an appellate court.

3.2. Uniform Terminology in Criminal Cases

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In documents filed in criminal appeals, the parties are the State and the appellant. But if the State has appealed under Article 44.01 of the Code of Criminal Procedure, the defendant is the appellee. Otherwise, papers should use real names for parties, and such labels as appellee, petitioner, respondent, and movant should be avoided unless necessary for clarity. In habeas corpus proceedings, the person for whose relief the writ is requested is the applicant; Code of Criminal Procedure article 11.13.

Notes and Comments

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Comment to 1997 change: The definition of court below and the reference to “suing out a writ of error to the court of appeals,” are deleted as those terms are no longer used in these rules. Other changes are made.

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Rule 4. Time and Notice Provisions

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4.1. Computing Time

(a) In General. The day of an act, event, or default after which a designated period begins to run is not included when computing a period prescribed or allowed by these rules, by court order, or by statute. The last day of the period is included, but if that day is a Saturday, Sunday, or legal holiday, the period extends to the end of the next day that is not a Saturday, Sunday, or legal holiday.

(b) Clerk's Office Closed or Inaccessible. If the act to be done is filing a document, and if the clerk's office where the document is to be filed is closed or inaccessible during regular hours on the last day for filing the document, the period for filing the document extends to the end of the next day when the clerk's office is open and accessible. The closing or inaccessibility of the clerk's office may be proved by a certificate of the clerk or counsel, by a party's affidavit, or by other satisfactory proof, and may be controverted in the same manner.

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4.2. No Notice of Trial Court’s Judgment in Civil Case

(a) Additional Time to File Documents.

(1) In general. If a party affected by a judgment or other appealable order has not — within 20 days after the judgment or order was signed — either received the notice required by Texas Rule of Civil Procedure 306a.3 or acquired actual knowledge of the signing, then a period that, under these rules, runs from the signing will begin for that party on the earlier of the date when the party receives notice or acquires actual knowledge of the signing. But in no event may the period begin more than 90 days after the judgment or order was signed.

(2) Exception for restricted appeal. Subparagraph (1) does not extend the time for perfecting a restricted appeal.

(b) Procedure to Gain Additional Time. The procedure to gain additional time is governed by Texas Rule of Civil Procedure 306a.5.

(c) The Court’s Order. After hearing the motion, the trial court must sign a written order that finds the date when the party or the party’s attorney first either received notice or acquired actual knowledge that the judgment or order was signed.

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4.3. Periods Affected by Modified Judgment in Civil Case

(a) During Plenary-Power Period. If a judgment is modified in any respect while the trial court retains plenary power, a period that, under these rules, runs from the date when the judgment is signed will run from the date when the modified judgment is signed.

(b) After Plenary Power Expires. If the trial court corrects or reforms the judgment under Texas Rule of Civil Procedure 316 after expiration of the trial court’s plenary power, all periods provided in these rules that run from the date the judgment is signed run from the date the corrected judgment is signed for complaints that would not apply to the original judgment.

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4.4. Periods Affected When Process Served by Publication

If process was served by publication and if a motion for new trial was filed under Texas Rule of Civil Procedure 329 more than 30 days after the judgment was signed, a period that, under these rules, runs from the date when the judgment is signed will be computed as if the judgment were signed on the date when the motion for new trial was filed.

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4.5. No Notice of Judgment or Order of Appellate Court; Effect on Time to File Certain Documents.

(a) Additional Time to File Documents.

A party may move for additional time to file a motion for rehearing or en banc reconsideration in the court of appeals, a petition for review, or a petition for discretionary review, if the party did not— until after the time expired for filing the document—either receive notice of the judgment or order from the clerk or acquire actual knowledge of the rendition of the judgment or order.

(b) Procedure to Gain Additional Time.

The motion must state the earliest date when the party or the party's attorney received notice or acquired actual knowledge that the judgment or order had been rendered. The motion must be filed within 15 days of that date but in no event more than 90 days after the date of the judgment or order.

(c) Where to File.

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(1) A motion for additional time to file a motion for rehearing or en banc reconsideration in the court of appeals must be filed in and ruled on by the court of appeals in which the case is pending.

(2) A motion for additional time to file a petition for review must be filed in and ruled on by the Supreme Court.

(3) A motion for additional time to file a petition for discretionary review must be filed in and ruled on by the Court of Criminal Appeals.

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​(d) Order of the Court. ​

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If the court finds that the motion for additional time was timely filed and the party did not — within the time for filing the motion for rehearing or en banc reconsideration, petition for review, or petition for discretionary review, as the case may be—receive the notice or have actual knowledge of the judgment or order, the court must grant the motion. The time for filing the document will begin to run on the date when the court grants the motion.

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4.6. No Notice of Trial Court’s Appealable Order on a Motion for Forensic DNA Testing

(a) Additional Time to File Notice of Appeal.

If neither an adversely affected defendant nor the defendant’s attorney received notice or acquired actual knowledge that the trial judge signed an order appealable under Code of Criminal Procedure Chapter 64 within twenty days after the signing, then the time periods under these rules that ordinarily run from the signing of an appealable order will begin to run on the earliest date when the defendant or the defendant’s attorney received notice or acquired actual knowledge of the signing. But in no event shall such periods begin more than 120 days after the day the trial judge signed the appealable order.

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(b) Motion to Gain Additional Time.

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(1) A defendant’s motion for additional time must:

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(A) Be in writing and sworn;

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(B) State the defendant’s desire to appeal from the appealable order;

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(C) State the earliest date when the defendant or the defendant’s attorney received notice or acquired actual knowledge that the trial judge signed the appealable order; and

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(D) Be filed within 120 days of the signing of the appealable order.

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(2) To establish the application of paragraph (a) of this rule, the defendant adversely affected must prove in the trial court:

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(A) The earliest date on which the defendant or the defendant’s attorney received notice or acquired actual knowledge that the trial judge signed the appealable order; and

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(B) That this date was more than twenty days after the signing of the appealable order.

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(3) If the defendant’s motion for additional time meets the requirements set out in paragraphs (b)(1) and (b)(2), the motion may serve as the defendant’s notice of appeal.

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(c) The Court’s Order.

After hearing the motion for additional time, the trial judge must sign a written order that determines the earliest date when the defendant or the defendant’s attorney received notice or acquired actual knowledge that the trial judge signed the appealable order and whether this date was more than twenty days after the judge signed the appealable order.

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(d) The Clerk’s Duties.

The trial court clerk must immediately (as they are filed or entered in the record) forward to all parties in the case copies of the defendant’s motion for additional time, the trial judge’s written order under subsection (c), the order the defendant seeks to appeal, any State’s response, and any exhibits and related documents.

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Notes and Comments

Comment to 1997 change: This is former Rule 5. Paragraph 4.1(b) is added. Former paragraph (b)(1) is omitted because it is covered by other provisions of the rules. Former paragraphs (b)(2) and (b)(3) are omitted because they are duplicative of provisions in the Rules of Civil Procedure, which prescribes the applicable procedure. The phrase “modified, corrected or reformed in any respect” in paragraph 4.3(a) is changed to “modified in any respect,” but no change in substance is intended. Former subdivision (e) regarding notice of judgment by the court of appeals is moved to Rule 12.6. Subdivision 4.5 is revised and now makes clear that the court must grant the motion for additional time if the court finds that the party did not receive the notice or acquire actual knowledge in time. Other changes are made throughout the rule.

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Comment to 2002 change: Subdivision 4.5 is amended to clarify that a party may obtain additional time to file documents when the party fails to receive notice not only of an appellate court judgment, but of an appellate court order - such as one denying a motion for rehearing - that triggers the appeal period. 

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Comment to 2007 change: Subdivision 4.5 is changed, consistent with other changes in the rules, to

specifically address a motion for en banc reconsideration and treat it as a motion for rehearing.

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Comment to 2018 change: Rule 4.6 is intended to provide redress for criminal defendants who are entitled to appeal trial court rulings made pursuant to Texas Code of Criminal Procedure Chapter 64, but receive late or no notice of the rulings. The rule allows a defendant additional time to file a notice of appeal

when neither the defendant nor the defendant’s attorney received notice or acquired actual knowledge of the signing of the appealable order within the first 20 days after the signing. The rule is based on the framework of Rule of Appellate Procedure 4.2 and Texas Rule of Civil Procedure 306a, but is intended to apply only in the limited context of appealable rulings on Chapter 64 motions. The term “sworn” in Rule 4.6 includes the use of an unsworn declaration made under penalty of perjury. See TEX. CIV. PRAC. & REM. CODE § 132.001. If a trial judge grants a defendant’s motion for additional time filed under this rule, the court of appeals may treat the defendant’s late-filed notice of appeal as timely or treat the motion for additional time itself as a notice of appeal for the purpose of determining compliance with Rules 25.2 and 26.2.

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Rule 5. Fees in Civil Cases

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A party who is not excused by statute or these rules from paying costs must pay — at the time an item is presented for filing — whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.

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Notes and Comments

Comment to 1997 change: This is former Rule 13. The rule is simplified. The fees an appellate court may charge in a civil case are now specified by Supreme Court order.

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Rule 6. Representation by Counsel

6.1. Lead Counsel

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(a) For Appellant.

Unless another attorney is designated, lead counsel for an appellant is the attorney whose signature first appears on the notice of appeal.

(b) For a Party Other Than Appellant.

Unless another attorney is designated, lead counsel for a party other than an appellant is the attorney whose signature first appears on the first document filed in the appellate court on that party’s behalf.

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(c) How to Designate.

The original or a new lead counsel may be designated by filing a notice stating that attorney’s name, mailing address, telephone number, fax number (if any), and email address. If a new lead counsel is being designated, both the new attorney and either the party or the former lead counsel must sign the notice.

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6.2. Appearance of Other Attorneys

An attorney other than lead counsel may file a notice stating that the attorney represents a specified party to the proceeding and giving that attorney’s name, mailing address, telephone number, fax number (if any), and email address. The clerk will note on the docket the attorney’s appearance. When a brief or motion is filed, the clerk will note on the docket the name of each attorney, if not already noted, who appears on the document.

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6.3. To Whom Communications Sent

Any notice, copies of documents filed in an appellate court, or other communications must be sent to:

(a) each party’s lead counsel on appeal;

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(b) a party’s lead counsel in the trial court if:

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(1) that party was represented by counsel in the trial court;

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(2) lead counsel on appeal has not yet been designated for that party; and

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(3) lead counsel in the trial court has not filed a nonrepresentation notice or been allowed to withdraw;

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(c) a party if the party is not represented by counsel.

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Rule 6.4. Nonrepresentation Notice

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(a) In General.

If, in accordance with paragraph 6.3(b), the lead counsel in the trial court is being sent notices, copies of documents, or other communications, that attorney may file a nonrepresentation notice in the appellate court. The notice must:

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(1) state that the attorney is not representing the party on appeal;

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(2) state that the court and other counsel should communicate directly with the party in the future;

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(3) give the party’s name and last known address and telephone number; and

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(4) be signed by the party.

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(b) Appointed Counsel.

In a criminal case, an attorney appointed by the trial court to represent an indigent party cannot file a nonrepresentation notice.

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(c) Withdrawal of Non-Lead Counsel.

If an attorney other than lead counsel will no longer represent a party, but lead counsel will continue to represent the party, the non-lead counsel should file a nonrepresentation notice. The notice should state that non-lead counsel will no longer represent the client and identify counsel who will continue to represent the party.

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Rule 6.5. Withdrawal of Lead Counsel

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An appellate court may, on appropriate terms and conditions, permit lead counsel to withdraw from representing a party in the appellate court.

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(a) Contents of Motion.

A motion for leave to withdraw must contain the following:

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(1) a list of current deadlines and settings in the case;

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(2) the party’s name and last known address and telephone number;

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(3) a statement that a copy of the motion was delivered to the party; and

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(4) a statement that the party was notified in writing of the right to object to the motion.

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(b) Delivery to Party.

The motion must be delivered to the party in person or mailed — both by certified and by first-class mail — to the party at the party’s last known address.

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(c) If Motion Granted.

If the court grants the motion, the withdrawing lead counsel must immediately notify the party, in writing, of any deadlines or settings that the attorney knows about at the time of withdrawal but that were not previously disclosed to the party. The withdrawing lead counsel must file a copy of that notice with the court clerk.

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(d) Exception for Substitution of Lead Counsel.

If an attorney substitutes for a withdrawing lead counsel, the motion to withdraw need not comply with (a) but must state only the substitute attorney’s name, mailing address, telephone number, and fax number (if any). The withdrawing lead counsel must comply with (b) but not (c).

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Rule 6.6. Agreements of Parties or Counsel

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To be enforceable, an agreement of parties or their counsel concerning an appellate court proceeding must be in writing and signed by the parties or their counsel. Such an agreement is subject to any appellate court order necessary to ensure that the case is properly presented.

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Notes and Comments

Comment to 1997 change: Former Rules 7 and 57 are merged and substantially revised. Former Rule 8 regarding agreements of counsel is included here as subdivision 6.6, and the requirement that an agreement be filed and included in the record is deleted.

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Rule 7. Substituting Parties

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7.1. Parties Who Are Not Public Officers

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(a) Death of a Party.

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(1) Civil Cases. If a party to a civil case dies after the trial court renders judgment but before the case has been finally disposed of on appeal, the appeal may be perfected, and the appellate court will proceed to adjudicate the appeal as if all parties were alive. The appellate court’s judgment will have the same force and effect as if rendered when all parties were living. The decedent party’s name may be used on all papers.

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(2) Criminal Cases. If the appellant in a criminal case dies after an appeal is perfected but before the appellate court issues the mandate, the appeal will be permanently abated.

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(b) Substitution for Other Reasons.

If substitution of a party in the appellate court is necessary for a reason other than death, the appellate court may order substitution on any party’s motion at any time.

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Rule 7.2. Public Officers

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(a) Automatic Substitution of Officer.

When a public officer is a party in an official capacity to an appeal or original proceeding, and if that person ceases to hold office before the appeal or original proceeding is finally disposed of, the public officer’s successor is automatically substituted as a party if appropriate. Proceedings following substitution are to be in the name of the substituted party, but any misnomer that does not affect the substantial rights of the parties may be disregarded. Substitution may be ordered at any time, but failure to order substitution of the successor does not affect the substitution.

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(b) Abatement.

If the case is an original proceeding under Rule 52, the court must abate the proceeding to allow the successor to reconsider the original party’s decision. In all other cases, the suit will not abate, and the successor will be bound by the appellate court’s judgment or order as if the successor were the original party.

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Notes and Comments

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Comment to 1997 change: This is former Rule 9.

Former subdivision (a) regarding death of a party in a civil case is now subparagraph 7.1(a)(1). Former subdivision (b) regarding death of a party in a criminal case is now subparagraph 7.1(a)(2). Former subdivision (c) regarding separation of office by public officers is now subdivision 7.2. Former paragraph (c)(3) regarding a successor's liability for costs is omitted as unnecessary. Former subdivision (d) regarding substitution for other causes is now paragraph 7.1(b). Subdivision 7.2 is revised to make it applicable to all cases in which a public officer is a party, and to make substitution automatic if appropriate.

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Rule 8. Bankruptcy in Civil Cases

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8.1. Notice of Bankruptcy

Any party may file a notice that a party is in bankruptcy. The notice must contain:

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(a) the bankrupt party’s name;

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(b) the court in which the bankruptcy proceeding is pending;

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(c) the bankruptcy proceeding’s style and case number; and

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(d) the date when the bankruptcy petition was filed.

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Comment to 2008 change: The requirement that the bankruptcy notice contain certain pages of the bankruptcy petition is eliminated, given that electronic filing is now prevalent in bankruptcy courts and bankruptcy petitions are available through the federal PACER system.

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Rule 8.2. Effect of Bankruptcy

A bankruptcy suspends the appeal and all periods in these rules from the date when the bankruptcy petition is filed until the appellate court reinstates or severs the appeal in accordance with federal law.

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A period that began to run and had not expired at the time the proceeding was suspended begins anew when the proceeding is reinstated or severed under Rule 8.3.

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A document filed by a party while the proceeding is suspended will be deemed filed on the same day, but after, the court reinstates or severs the appeal and will not be considered ineffective because it was filed while the proceeding was suspended.

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Rule 8.3. Motion to Reinstate or Sever Appeal Suspended by Bankruptcy

(a) Motion to Reinstate.

If a case has been suspended by a bankruptcy filing, a party may move that the appellate court reinstate the appeal if permitted by federal law or the bankruptcy court. If the bankruptcy court has lifted or terminated the stay, a certified copy of the order must be attached to the motion.

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(b) Motion to Sever.

A party may move to sever the appeal with respect to the bankrupt party and to reinstate the appeal with respect to the other parties. The motion must show that the case is severable and must comply with applicable federal law regarding severance of a bankrupt party. The court may proceed under this paragraph on its own initiative.

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Notes and Comments

Comment to 1997 change: This is a new rule.

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Rule 9. Documents Generally

9.1. Signing

(a) Represented Parties.

If a party is represented by counsel, a document filed on that party's behalf must be signed by at least one of the party's attorneys. For each attorney whose name appears on a document as representing that party, the document must contain that attorney’s State Bar of Texas identification number, mailing address, telephone number, fax number, if any, and email address.

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(b) Unrepresented Parties.

A party not represented by counsel must sign any document that the party files and give the party’s mailing address, telephone number, fax number (if any), and email address.

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(c) Electronic Signatures.

A document that is electronically served, filed, or issued by a court or clerk is considered signed if the document includes:

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(1) a “/s/” and name typed in the space where the signature would otherwise appear, unless the document is notarized or sworn; or

(2) an electronic image or scanned image of the signature.

9.2. Filing

(a) With Whom.

A document is filed in an appellate court by delivering it to:

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(1) the clerk of the court in which the document is to be filed; or

(2) a justice or judge of that court who is willing to accept delivery. A justice or judge who accepts delivery must note on the document the date and time of delivery, which will be considered the time of filing, and must promptly send it to the clerk.

(b) Filing by Mail.

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(1) Timely Filing.

A document received within ten days after the filing deadline is considered timely filed if:

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(A) it was sent to the proper clerk by United States Postal Service or a commercial delivery service;

(B) it was placed in an envelope or wrapper properly addressed and stamped; and

(C) it was deposited in the mail or delivered to a commercial delivery service on or before the last day for filing.

(2) Proof of Mailing.

Though it may consider other proof, the appellate court will accept the following as conclusive proof of the date of mailing:

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(A) a legible postmark affixed by the United States Postal Service;

(B) a receipt for registered or certified mail if the receipt is endorsed by the United States Postal Service;

(C) a certificate of mailing by the United States Postal Service; or

(D) a receipt endorsed by the commercial delivery service.

(c) Electronic Filing.

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(1) Requirement.

Attorneys in civil cases must electronically file documents. Attorneys in criminal cases must electronically file documents except for good cause shown in a motion filed in the appellate court. Unrepresented parties in civil and criminal cases may electronically file documents, but it is not required.

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(2) Mechanism.

Electronic filing must be done through the electronic filing manager established by the Office of Court Administration and an electronic filing service provider certified by the Office of Court Administration.

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(3) Exceptions.

Documents filed under seal, subject to a pending motion to seal, or to which access is otherwise restricted by law or court order must not be electronically filed. For good cause, an appellate court may permit a party to file other documents in paper form in a particular case.

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(4) Timely Filing.

Unless a document must be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court’s time zone) on the filing deadline. An electronically filed document is deemed filed when transmitted to the filing party’s electronic filing service provider, except:

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(A) if a document is transmitted on a Saturday, Sunday, or legal holiday, it is deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and

(B) if a document requires a motion and an order allowing its filing, the document is deemed filed on the date the motion is granted.

(5) Technical Failure.

If a document is untimely due to a technical failure or a system outage, the filing party may seek appropriate relief from the court.

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(6) Confirmation of Filing.

The electronic filing manager will send a filing confirmation notice to the filing party.

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(7) Electronic Orders, Notices, and Other Documents From the Court.

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(A) In Civil Cases.

(i) Except as provided in (ii), the clerk must send orders, notices, and other documents to the parties electronically through an electronic filing system approved by the Supreme Court. A court seal may be electronic.

(ii) The clerk need not send orders, notices, or other documents electronically:

(a) when sealed or when access is otherwise restricted by law or court order; or

(b) when an unrepresented party has not provided an email address.

(B) In Criminal Cases.

(i) The clerk may electronically send notices and other documents to the parties. A court seal may be electronic.

(ii) Except as provided in (iii), the clerk must send orders to the parties electronically through an electronic filing system approved by the Supreme Court. A court seal may be electronic.

(iii) The clerk need not send orders electronically:

(a) when sealed or when access is otherwise restricted by law or court order; or

(b) when an unrepresented party has not provided an email address.

9.3. Number of Copies

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(a) Document Filed in Paper Form.

If a document is not electronically filed, a party must file the original and one unbound copy of the document unless otherwise required by local rule, except that, in the Court of Criminal Appeals, only the original must be filed of a motion for extension of time, a response to the motion, or a pleading under Code of Criminal Procedure article 11.07. The unbound copy of an appendix must contain a separate page before each document and must not include tabs that extend beyond the edge of the page.

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(b) Electronically Filed Document.

A party need not file a paper copy of an electronically filed document.

(c) Exception for Record.

Only the original record need be filed in any proceeding. 

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9.4. Form

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Except for the record, a document filed with an appellate court, including a paper copy of an electronically filed document, must — unless the court accepts another form in the interest of justice — be in the following form:

(a) Printing.

A document may be produced by standard typographic printing or by any duplicating process that produces a distinct black image. Printing must be on one side of the paper.

(b) Paper Type and Size.

The paper on which a document is produced must be 8 1/2 by 11 inches, white or nearly white, and opaque.

(c) Margins.

Documents must have at least one-inch margins on both sides and at the top and bottom.

(d) Spacing.

Text must be double-spaced, but footnotes, block quotations, short lists, and issues or points of error may be single-spaced.

(e) Typeface.

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A document produced on a computer must be printed in a conventional typeface no smaller than 14-point except for footnotes, which must be no smaller than 12-point. A typewritten document must be printed in standard 10-character-per-inch (cpi) monospaced typeface.

(f) Binding and Covering.

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A paper document must be bound so as to ensure that it will not lose its cover or fall apart in regular use. A paper document should be stapled once in the top left-hand corner or be bound so that it will lie flat when open. A paper petition or brief should have durable front and back covers which must not be plastic or be red, black, or dark blue.

(g) Contents of Cover.

A document's front cover, if any, must contain the case style, the case number, the title of the document being filed, the name of the party filing the document, and the name, mailing address, telephone number, fax number, if any, email address, and State Bar of Texas identification number of the lead counsel for the filing party. If a party requests oral argument in the court of appeals, the request must appear on the front cover of that party’s first brief.

(h) Appendix and Original Proceeding Record.

A paper appendix may be bound either with the document to which it is related or separately. If separately bound, the appendix must comply with paragraph (f). A paper record in an original proceeding or a paper appendix must be tabbed and indexed. An electronically filed record in an original proceeding or an electronically filed appendix that includes more than one item must contain bookmarks to assist in locating each item.

(i) Length.

(1) Contents Included and Excluded.

In calculating the length of a document, every word and every part of the document, including headings, footnotes, and quotations, must be counted except the following: caption, identity of parties and counsel, statement regarding oral argument, table of contents, index of authorities, statement of the case, statement of issues presented, statement of jurisdiction, statement of procedural history, signature, proof of service, certification, certificate of compliance, and appendix.

(2) Maximum Length.

The documents listed below must not exceed the following limits:

(A) A brief and response in a direct appeal to the Court of Criminal Appeals in a case in which the death penalty has been assessed, and subsequent application for a writ of habeas corpus filed pursuant to Article 11.071, Code of Criminal Procedure: 37,500 words if computer-generated, and 125 pages if not.

(B) A brief and response in an appellate court (other than a brief under subparagraph (A)) and a petition and response in an original proceeding in the court of appeals: 15,000 words if computer-generated, and 50 pages if not. In a civil case in the court of appeals, the aggregate of all briefs filed by a party must not exceed 27,000 words if computer-generated, and 90 pages if not.

(C) A reply brief in an appellate court and a reply to a response to a petition in an original proceeding in the court of appeals: 7,500 words if computer-generated, and 25 pages if not.

(D) A petition and response in an original proceeding in the Supreme Court and the Court of Criminal Appeals, except for petitions and responses in an original proceeding in a case in which the death penalty has been assessed, a petition for review and response in the Supreme Court, a petition for discretionary review in the Court of Criminal Appeals, and a motion for rehearing and response in an appellate court: 4,500 words if computer-generated, and 15 pages if not.

(E) A reply to a response to a petition for review in the Supreme Court, a reply to a response to a petition in an original proceeding in the Supreme Court and the Court of Criminal Appeals, except a reply to a response in an original proceeding in a case in which the death penalty has been assessed, and a reply to a petition for discretionary review in the Court of Criminal Appeals: 2,400 words if computer-generated, and 8 pages if not.

(F) A petition and response in an original proceeding in the Court of Criminal Appeals in a case in which the death penalty has been assessed: 9,000 words if computer-generated, and 30 pages if not.

(G) A reply to a response to a petition in an original proceeding in the Court of Criminal Appeals in a case in which the death penalty has been assessed: 4,800 words if computer-generated, and 16 pages if not.

(3) Certificate of Compliance.

A computer-generated document that is subject to a word limit under this rule must include a certificate by counsel or an unrepresented party stating the number of words in the document. The person certifying may rely on the word count of the computer program used to prepare the document.

(4) Extensions.

A court may, on motion, permit a document that exceeds the prescribed limit.

(j) Electronically Filed Documents.

An electronically filed document must:

(1) be in text-searchable portable document format (PDF);

(2) be directly converted to PDF rather than scanned, if possible;

(3) not be locked;

(4) be combined with any appendix into one computer file, unless that file would exceed the size limit prescribed by the electronic filing manager;

(5) in civil cases, be bookmarked to assist in locating each item; and

(6) otherwise comply with the Technology Standards set by the Judicial Committee on Information Technology and approved by the Supreme Court.

(k) Nonconforming Documents.

If a document fails to conform with these rules, the court may strike the document or identify the error and permit the party to resubmit the document in a conforming format by a specified deadline.

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9.5. Service

(a) Service of All Documents Required.

At or before the time of a document's filing, the filing party must serve a copy on all parties to the proceeding. Service on a party represented by counsel must be made on that party’s lead counsel. Except in original proceedings, a party need not serve a copy of the record.

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(b) Manner of Service.

(1) Documents Filed Electronically.

A document filed electronically under Rule 9.2 must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager. If the email address of the party or attorney to be served is not on file with the electronic filing manager, the document may be served on that party or attorney under subparagraph (2).

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(2) Documents Not Filed Electronically.

A document that is not filed electronically may be served in person, by mail, by commercial delivery service, by fax, or by email. Personal service includes delivery to any responsible person at the office of the lead counsel for the party served.

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(c) When Complete.

(1) Service by mail is complete on mailing.

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(2) Service by commercial delivery service is complete when the document is placed in the control of the delivery service.

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(3) Service by fax is complete on receipt.

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(4) Electronic service is complete on transmission of the document to the serving party's electronic filing service provider. The electronic filing manager will send confirmation of service to the serving party.

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(d) Proof of Service.

A document presented for filing must contain a proof of service in the form of either an acknowledgment of service by the person served or a certificate of service. Proof of service may appear on or be affixed to the filed document. The clerk may permit a document to be filed without proof of service, but will require the proof to be filed promptly.

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(e) Certificate Requirements.

For a document filed electronically in a civil case, an automated certificate of service generated by the filing party’s electronic filing service provider suffices. For a document not filed electronically in a civil case or for any document filed in a criminal case, a certificate of service must be signed by the person who made the service and must state:

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(1) the date and manner of service;

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(2) the name and address of each person served; and

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(3) if the person served is a party's attorney, the name of the party represented by that attorney.

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9.6. Communications With the Court

Parties and counsel may communicate with the appellate court about a case only through the clerk.

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9.7. Adoption by Reference

Any party may join in or adopt by reference all or any part of a brief, petition, response, motion, or other document filed in an appellate court by another party in the same case.

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9.8. Protection of Minor's Identity in Parental-Rights Termination Cases and Juvenile Court Cases

(a) Alias Defined.

For purposes of this rule, an alias means one or more of a person's initials or a fictitious name, used to refer to the person.

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(b) Parental-Rights Termination Cases.

In an appeal or an original proceeding in an appellate court, arising out of a case in which the termination of parental rights was at issue:

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(1) except for a docketing statement, in all papers submitted to the court, including all appendix items submitted with a brief, petition, or motion:

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(A) a minor must be identified only by an alias unless the court orders otherwise;

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(B) the court may order that a minor's parent or other family member be identified only by an alias if necessary to protect a minor's identity; and

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(C) all documents must be redacted accordingly;

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(2) the court must, in its opinion, use an alias to refer to a minor, and if necessary to protect the minor's identity, to the minor's parent or other family member.

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(c) Juvenile Court Cases.

In an appeal or an original proceeding in an appellate court, arising out of a case under Title 3 of the Family Code:

(1) except for a docketing statement, in all papers submitted to the court, including all appendix items submitted with a brief, petition, or motion:

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(A) a minor must be identified only by an alias;

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(B) a minor's parent or other family member must be identified only by an alias; and

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(C) all documents must be redacted accordingly;

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(2) the court must, in its opinion, use an alias to refer to a minor and to the minor's parent or other family member.

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(d) No Alteration of Appellate Record.

Nothing in this rule permits alteration of the original appellate record except as specifically authorized by court order.

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9.9 Privacy Protection for Documents Filed in Civil Cases.

(a) Sensitive Data Defined.

Sensitive data consists of:

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(1) a driver's license number, passport number, social security number, tax identification number or similar government-issued personal identification number;

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(2) a bank account number, credit card number, or other financial account number; and

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(3) a birth date, home address, and the name of any person who was a minor when the underlying suit was filed.

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(b) Filing of Documents Containing Sensitive Data Prohibited.

Unless the inclusion of sensitive data is specifically required by a statute, court rule, or administrative regulation, an electronic or paper document containing sensitive data may not be filed with a court unless the sensitive data is redacted, except for the record in an appeal under Section Two.

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(c) Redaction of Sensitive Data; Retention Requirement.

Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted. The filing party must retain an unredacted version of the filed document during the pendency of the appeal and any related proceedings filed within six months of the date the judgment is signed.

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(d) Notice to Clerk.

If a document must contain sensitive data, the filing party must notify the clerk by:

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(1) designating the document as containing sensitive data when the document is electronically filed; or

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(2) if the document is not electronically filed, by including, on the upper left-hand side of the first page, the phrase:

“NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.”

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(e) Restriction on Remote Access.

Documents that contain unredacted sensitive data in violation of this rule must not be posted on the Internet.

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Notes and Comments

Comment to 1997 change:

This is former Rule 4. Subdivision 9.4, prescribing the form of documents filed in the appellate courts, is changed and the form to be used is stated in significantly more detail. Former subdivisions (f) and (g), regarding service of documents, are merged into subdivision 9.5. Former Rule 6 is included as subdivision 9.6, but no substantive change is made. Other changes are made throughout the rule. Electronic filing is authorized by §§ 51.801-.807 of the Government Code.

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Comment to 2002 change:

The change [to Rule 9.5(a)] clarifies that the filing party must serve a copy of the document filed on all other parties, not only in an appeal or review, but in original proceedings as well. The rule applies only to filing parties. Thus, when the clerk or court reporter is responsible for filing the record, as in cases on appeal, a copy need not be served on the parties. The rule for original civil proceedings, in which a party is responsible for filing the record, is stated in subdivision 52.7.

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Subdivision 9.7 is added to provide express authorization for the practice of adopting by reference all or part of another party's filing.

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Comment to 2008 change:

Subdivision 9.3 is amended to reduce the number of copies of a motion for extension of time or response filed in the Supreme Court. Subdivision 9.8 is new. To protect the privacy of minors in suits affecting the parent-child relationship (SAPCR), including suits to terminate parental rights, Section 109.002(d) of the Family Code authorizes appellate courts, in their opinions, to identify parties only by fictitious names or by initials. Similarly, Section 56.01(j) of the Family Code prohibits identification of a minor or a minor's family in an appellate opinion related to juvenile court proceedings. But as appellate briefing becomes more widely available through electronic media sources, appellate courts' efforts to protect minors' privacy by disguising their identities in appellate opinions may be defeated if the same children are fully identified in briefs and other court papers available to the public. The rule provides protection from such disclosures. Any fictitious name should not be pejorative or suggest the person's true identity. The rule does not limit an appellate court's authority to disguise parties' identities in appropriate circumstances in other cases. Although appellate courts are authorized to enforce the rule's provisions requiring redaction, parties and amici curiae are responsible for ensuring that briefs and other papers submitted to the court fully comply with the rule.

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Comment to 2012 Change:

Rule 9 is revised to consolidate all length limits and establish word limits for documents produced on a computer. All documents produced on a computer must comply with the word limits. Page limits are retained for documents that are typewritten or otherwise not produced on a computer.

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Comment to 2013 Change:

Rule 9 is revised to incorporate rules for electronic filing, in accordance with the Supreme Court's order - Misc. Docket No. 12-9206, amended by Misc. Docket Nos. 13-9092 and 13-9164 - mandating electronic filing in civil cases in appellate courts, effective January 1, 2014. In addition, Rule 9.9 is added to provide privacy protection for all documents, both paper and electronic, filed in civil cases in appellate courts.

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Comment to 2023 Change:

Rule 9.2(c)(7) is amended to implement section 80.002 of the Government Code. Nothing in Rule 9.2(c)(7) prohibits the clerk from sending orders, notices, and documents to parties by additional methods other than through an electronic filing system approved by the Supreme Court. Indeed, the clerk is strongly encouraged to use additional methods when a party is unrepresented. If a party has not provided an e-mail address and consequently compliance with Rule 9.2(c)(7) is impossible, then the clerk should use an alternative method to send orders, notices, and documents to that party.

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9.10. Privacy Protection for Documents Filed in Criminal Cases.

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(a) Sensitive Data Defined.

Sensitive data consists of:

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(1) a driver's license number, passport number, social security number, tax identification number or similar government-issued personal identification number;

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(2) bank account number, credit card number, and other financial account number;

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(3) a birth date, a home address, and the name of any person who was a minor at the time the offense was committed.

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(b) Redacted Filings.

Unless a court orders otherwise, an electronic or paper filing with the court, including the contents of any appendices, must not contain sensitive data.

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(c) Exemptions from the Redaction Requirement.

The redaction requirement does not apply to the following:

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(1) A court filing that is related to a criminal matter or investigation and that is prepared before the filing of a criminal charge or is not filed as part of any docketed criminal case;

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(2) An arrest or search warrant;

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(3) A charging document and an affidavit filed in support of any charging document;

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(4) A defendant’s date of birth;

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(5) A defendant’s address; and

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(6) Any government issued number intended to identify the defendant associated with a criminal filing, except for the defendant’s social security number or driver’s license number.

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(d) Redaction Procedures.

Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted. The filer must retain an unredacted version of the filed document during the pendency of the appeal and any related proceedings filed within three years of the date the judgment is signed. If a district court clerk or appellate court clerk discovers unredacted sensitive data in the record, the clerk shall notify the parties and seek a ruling from the court.

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(e) Certification.

The filing of a document constitutes a certification by the filer that the document complies with paragraphs (a) and (b) of this rule.

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(f) Reference List.

If a filer believes any information described in paragraph (a) of this rule is essential to a document or that the document would be confusing without the information, the filer may submit the information to the court 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 document to a listed identifier will be construed to refer to the corresponding item of information. If the filer provides a reference list pursuant to this rule, the front page of the document containing the redacted information must indicate that the reference list has been, or will be, provided.

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 On its own initiative, the court may order a sealed reference list in any case.

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(g) Sealed Materials.

Materials that are required by statute to be sealed, redacted, or kept confidential, such as the items set out in Articles 35.29 (Personal Information About Jurors), 38.45 (Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor), and 42.12, § 9(j), must be treated in accordance with the pertinent statutes and shall not be publicly available on the internet. A court may also order that a document be filed under seal in paper form or electronic 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. If a court orders material sealed, whether it be sensitive data or other materials, the court's sealing order must be affixed to the outside of the sealed container if the sealed material is filed in paper form, or be the first document that appears if filed in electronic form. Sealed portions of the clerk's and reporter's records should be clearly marked and separated from unsealed portions and tendered as separate records, whether in paper form or electronic form. Sealed material shall not be available either on the internet or in other form without court order.

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(h) Waiver of Protection of Identifiers.

A person waives the protection of this rule as to a person’s own information by filing it without redaction and not under seal.

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Rule 10. Motions in the Appellate Courts

10.1. Contents of Motions; Response

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(a) Motion. Unless these rules prescribe another form, a party must apply by motion for an order or other relief.

The motion must:

(1) contain or be accompanied by any matter specifically required by a rule governing such a motion;

(2) state with particularity the grounds on which it is based;

(3) set forth the order or relief sought;

(4) be served and filed with any brief, affidavit, or other paper filed in support of the motion; and

(5) in civil cases, except for motions for rehearing and en banc reconsideration, contain or be accompanied by a certificate stating that the filing party conferred, or made a reasonable attempt to confer, with all other parties about the merits of the motion and whether those parties oppose the motion.

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(b) Response.

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A party may file a response to a motion at any time before the court rules on the motion or by any deadline set by the court. The court may determine a motion before a response is filed.

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10.2. Evidence on Motions

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A motion need not be verified unless it depends on the following types of facts, in which case the motion must be supported by affidavit or other satisfactory evidence. The types of facts requiring proof are those that are:

       (a) not in the record;

       (b) not within the court's knowledge in its official capacity; and

       (c) not within the personal knowledge of the attorney signing the motion.

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10.3. Determining Motions

(a) Time for Determination.

A court should not hear or determine a motion until 10 days after the motion was filed, unless:

       (1) the motion is to extend time to file a brief, a petition for review, or a petition for discretionary review;

       (2) the motion states that the parties have conferred and that no party opposes the motion; or

       (3) the motion is an emergency.

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(b) Reconsideration.

If a motion is determined prematurely, any party adversely affected may request the court to reconsider its order.

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10.4. Power of Panel or Single Justice or Judge to Entertain Motions

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(a) Single Justice.

In addition to the authority expressly conferred by these rules or by law, a single justice or judge of an appellate court may grant or deny a request for relief that these rules allow to be sought by motion. But in a civil case, a single justice should not do the following:

       (1) act on a petition for an extraordinary writ; or

       (2) dismiss or otherwise determine an appeal or a motion for rehearing or en banc reconsideration.

(b) Panel.

An appellate court may provide, by order or rule, that a panel or the full court must act on any motion or class of motions.

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10.5. Particular Motions

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(a) Motions Relating to Informalities in the Record.

A motion relating to informalities in the manner of bringing a case into court must be filed within 30 days after the record is filed in the court of appeals. The objection, if waivable, will otherwise be deemed waived.

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(b) Motions to Extend Time.

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        (1) Contents of Motion in General.

All motions to extend time, except a motion to extend time for filing a notice of appeal, must state:

           (A) the deadline for filing the item in question;

           (B) the length of the extension sought;

           (C) the facts relied on to reasonably explain the need for an extension; and

           (D) the number of previous extensions granted regarding the item in question.

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        (2) Contents of Motion to Extend Time to File Notice of Appeal.

A motion to extend the time for filing a notice of appeal must:

           (A) comply with (1)(A) and (C);

           (B) identify the trial court;

           (C) state the date of the trial court’s judgment or appealable order; and

           (D) state the case number and style of the case in the trial court.

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        (3) Contents of motion to extend time to file petition for review or petition for discretionary review.

A motion to extend time to file a petition for review or petition for discretionary review must also specify:

           (A) the court of appeals;

           (B) the date of the court of appeals’ judgment;

           (C) the case number and style of the case in the court of appeals; and

           (D) the date every motion for rehearing or en banc reconsideration was filed, and either the                date and nature of the court of appeals' ruling on the motion, or that it remains pending.

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(c) Motions to Postpone Argument.

Unless all parties agree, or unless sufficient cause is apparent to the court, a motion to postpone argument of a case must be supported by sufficient cause.

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Notes and Comments

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Comment to 1997 change: This is former Rule 19. Under subdivision 10.1, a response may be filed at any time before the court rules on the motion. The provision of former subdivision (b) regarding docketing motions is incorporated in Rule 12.2. The provision of former subdivision (b) for noting attorneys’ names on the docket is incorporated in Rule 6.2. Former subdivision (c), requiring the clerk to send notices of the filing of motions is deleted as unnecessary because the parties must serve all motions under Rule 9.5. Subdivision 10.2 is amended to eliminate the requirement of an oath where the facts are within the personal knowledge of the attorney. Subdivision 10.5 is new and incorporates the provisions of other rules concerning motions, as follows: 10.5(a) from former Rule 71; 10.5(b) from former Rules 73, 130(d), and 160; and 10.5(c) from former Rule 70. Other changes are made.

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Comment to 2008 change: It happens so infrequently that a non-movant does not oppose a motion for rehearing or en banc reconsideration that such motions are excepted from the certificate-of-conference requirement in Subdivision 10.1(a)(5). Subdivision 10.2 is revised to clarify that facts supporting a motion need not be verified by the filer if supporting evidence is in the record, the facts are known to the court, or the filer has personal knowledge of them. Subdivision 10.5(b)(3)(D) is added.

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Rule 11. Amicus Curiae Briefs

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An appellate clerk may receive, but not file, an amicus curiae brief. But the court for good cause may refuse to consider the brief and order that it be returned. An amicus curiae brief must:

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(a) comply with the briefing rules for parties;

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(b) identify the person or entity on whose behalf the brief is tendered;

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(c) disclose the source of any fee paid or to be paid for preparing the brief; and

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(d) certify that copies have been served on all parties.

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Notes and Comments

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Comment to 1997 change: This is former Rule 20. The rule is rewritten and now requires disclosure of the identity of the person or entity on whose behalf the brief is filed, and the source of any fee paid.

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Comment to 2002 change: The change expressly recognizes that a court may refuse to consider an amicus curiae brief for good cause.​​​​​​​​​