Extended Vacancies, Crushing Caseloads, and Emergency Panels in the Federal Courts of Appeals
(JP County District) (Veramendi D) · 2019-02-11 · Civil Appeals Courts of Appeals (14 Courts-80...
62
2019 County and District Clerks’ Association of Texas Winter Education Conference January 28-31, 2019 Embassy Suites by Hilton Hotel Conference Center & Spa, San Marcos Piece of the Puzzle, Part of the Whole Appeals—All (JP‐ County‐District) (Veramendi D) Wednesday, January 30, 2019 1:30‐3 p.m. Hon. Kari French Walker County Clerk Hon. Eric Garza Cameron County Clerk Appeal means to call upon a higher court to review a lower court’s decision. Most of the time, county clerks will receive an appeal from the JP level. We also prepare the Clerks Record for cases that are appealed to a higher court. This session is a general overview of the process for appeals.
Transcript of (JP County District) (Veramendi D) · 2019-02-11 · Civil Appeals Courts of Appeals (14 Courts-80...
2019 County and District Clerks’
Association of Texas Winter Education
Conference
January 28-31, 2019
Embassy Suites by Hilton Hotel
Conference Center & Spa, San Marcos
Piece of the Puzzle, Part of
the Whole
Appeals—All (JP‐
County‐District)
(Veramendi D)
Wednesday, January 30, 2019
1:30‐3 p.m.
Hon. Kari French
Walker County Clerk
Hon. Eric Garza
Cameron County Clerk
Appeal means to call upon a higher court to review
a lower court’s decision. Most of the time, county
clerks will receive an appeal from the JP level. We
also prepare the Clerks Record for cases that are
appealed to a higher court. This session is a general
overview of the process for appeals.
Hon. Kari French was elected as Walker County’s
first female county clerk in 2010. She was born and
raised in Walker County. Prior to serving as county
clerk, she was a local business owner as a Marketing
Unit Director for Merchant Services with over 26
years experience in management, administration,
organization, public relations and leadership. She is
a graduate of Huntsville High School and holds
a bachelorʹs degree from Sam Houston State
University in agriculture business management.
French believes being active in the community is
important. She participates and serves on various
boards and committees throughout Walker County.
Kari is 43 years old and has been married to her
husband John for 21 years. They have two sons,
Jacob 20 and Jeffrey 18.
Hon. Eric Garza is the district clerk in Cameron
County. He entered office in 2015.
2/8/2019
1
Appeal Overview and
Process for
County Clerks
Prepared for the County and District Clerks Association of Texas
Winter Conference 2019 – San Marcos, Texas
Walker County Clerk – Kari A French
What is an Appeal?
The Legal dictionary defines an appeal as:
“ A written request to a higher Court to modify or reverse the
Judgment of a Trial Court of intermediate level Appellate Court.”
2/8/2019
2
There are 14 Intermediate
Courts of Appeal in Texas
The Judge,
The Parties
and Their Attorneys
all have roles in the
process of an Appeal.
The Primary
responsibility
falls upon the
.Clerk
Civil / Probate Cases
◈ Disputes between private parties
◈ Jurisdictions
Courts Overview
2/8/2019
3
Criminal Misdemeanor Cases
◈ Criminal action
◈ JP / Municipal / CCL / COA
Courts Overview
Appeals from Lower Courts - Justice of the Peace
Jurisdiction
◈ Case Origination
Notice of Appeal
◈ Process of Perfecting
◈ Notice must include . . .
2/8/2019
4
Appeals from Lower Courts - Justice of the Peace
Types of Cases
◈ Small Claims
◈ Evictions
◈ TDCJ Offenders
◈ License Revocation
Pauper’s Affidavits
◈ With or Without
Appeals from Lower Courts - Municipal
Process
◈ Appeal from Municipal / JP
◈ Type of Appeal
Offender Filings
◈ Usually includes an Affidavit of
Indigence
Clerk Procedure
◈ Process as any other Case
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Appeals to Higher Courts
◈ Jurisdiction
◈ Right of Appeal
◈ Notice of Appeal
◈ Effect of Appeal
◈ Accelerated Appeals
◈ Perfecting Appeal
Appeals to Higher Courts
◈ Records and Briefs
◈ Extension of Time
◈ Motion for New Trial
◈ Request for Findings of Fact
◈ Appellate Record
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6
Clerk’s Record
At any time before the clerk's record is prepared,
any party may file with the clerk a written
designation specifying matters for inclusion
in the clerk's record.
Clerk’s Responsibility
◈ Responsible for . . .
◈ Appellate Record must include . . .
Civil
Criminal
◈ Courts Docket Sheet
◈ Courts Charge, findings
◈ Notice of Appeal
◈ Pretty Much EVERYTHING
Unless other wise noted
2/8/2019
7
Important Timelines
◈ Importance
◈ Extension of Time
Civil Case◈ Appeal from Municipal / JP
◈ Type of Appeal
Criminal◈ Usually includes an Affidavit of
Indigence
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10
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11
21
Attachments
• Court Structure of Texas
• Typical Misdemeanor Case flow
• Appellate timetable for Clerks
• Appellate timetable for Attorneys
• Appendix E Court of Criminal
Appeal Texas Tames User Guide
• Ex. Notice of Appeal Criminal
• Ex. Notice of Appeal Civil
• Ex. Notice of Appeal Probate
• Ex. Information Sheet
• Ex. Bill of Costs
• Ex. Clerks Record
• Ex. Letter stating Fee.
Statue Reference
• Civil Practice and Remedies Code
Chapter 51
• Code of Criminal Procedure
Chapter 44
• Texas Rules of Appellate Procedure
• Texas Government Code
30.00014
• Government Code
Chapter 22
AG Op. JM-318 (1985)
HB 274 (82nd Legislature)
References & Links
• County Clerk Reference Guide & County Clerk Manual (2013 Edition)
• Texas State Statutes - https://statutes.capitol.texas.gov
• Texas Rules of Civil Procedure TRCP
Questions?
State lnll!nnediate Appell all! Courts
State Trial Courts of General and Special Jurisdiction
Office of Court Administration
Administrative Judicial Regions
Court Structure of Texas March 1, 2017
Court of Criminal Appeals (1 Court- 9 Justices)
• Final appellate jurisdiction in criminal cases
Civil Appeals Courts of Appeals (14 Courts- 80 Justices)
• Regional jurisdiction
• Intermediate appeals from trial courts in their respective
courts of appeals districts
District Courts (467 Courts- 467 Judges)
- - -
• Original jurisdiction in civil actions over $200*, divorce, title to
land, con tested elections
• Original jurisdiction in felony criminal matters
Crimina/Appeals
• Juvenile matters
• 13 district courts are designated criminal district courts; some
others are directed to give preference to certain specialized areas
Appeals of Death Sentences
• 369 districts containing one county and 98 districts containing
more than one county
Constitutional County Courts (254) (1 in each county)
• Original jurisdiction in civil actions
between $200 and $10,000
• Probate and guardianship
(contested matters may be transferred to District Court)
• Exclusive original jurisdiction over
misdemeanors with fines greater than $500 or jail sentence
• Juvenile matters
• Appeals de novo from lower courts
or on the record from municipal courts of record
Justice Courts1
(803 Courts- 803 Judges2)
County-Level Courts (515 Courts- 515 Judges)
Statutory County Courts (243)
(in 88 counties plus 1 multi-county court)
• All civil, criminal, original and
appellate actions prescribed by law for constitutional county courts
Statutory Probate Courts (18) (in 10 counties)
• Limited primarily to prob
and guardianship matters
• In addition, jurisdiction over civil
matters between $200 and $200,000 (some courts may have
higher maximum jurisdiction amount)
Municipal Courts1
937 Courts- 1,324 Judges2)
• Civil actions of not more than $10,000 • Criminal misdemeanors punishable by fine
only (no confinement) • Small claims
• Criminal misdemeanors punishable by fine
only (no confinement)
• Magistrate functions
• Exclusive original juri sdiction over
municipal ordinance criminal cases 3
• Limited civil jurisdiction
• Magistrate functions
1. Ali just1ce court~ and most municipal courl<, are not courts of record. Appeals from these courts are by trial de novo in the cwnty-level courts, and in some.instances in the district courts.
2. Sorne munidpal courts are courts of record -appeals from the court-. are taken on the record to the county-level courts. As of February 2017, 169 courts indicated that they were a court of record; a list is posted at http-1/w!MN txco!lrb goy/0hQ!Jt-texas-court' aspx.
3. An offense that arises under a munidpal ordinance is punishable by a fine not to exceed· {1) $2.,000 for ordinances that govern fire safety, zoning, and public health or (2) $500 for all others.
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1.)
Par
ties
mus
t pay
or
mak
e ar
rang
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ts to
pay
for
the
cler
k's
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rd u
nles
s in
dige
nt.
If a
n A
ffid
avit
of I
ndig
ence
is f
iled
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otify
the
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rs p
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o T
RA
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nd
TR
AP
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1(e(
2).
Pre
sum
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on
of I
nd
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TR
AP
20.
1(a)
(3).
2.)
If a
des
igna
tion
is n
ot fi
led
, the
cle
rk is
req
uire
d to
pre
pare
a r
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cord
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to T
RA
P 3
4.5
(a).
**
3.)
In
crim
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cas
es it
is r
equi
red
purs
uant
to T
RA
P 3
4.5
(g)
tha
t the
tria
l co
urt
cler
k re
tain
a c
opy
of t
he c
lerk
's r
ecor
d fo
r us
e o
f the
par
ties
with
the
cou
rt's
pe
rmis
sion
.
4.)
Pur
suan
t to
TR
AP
25
.2( d
), if
the
defe
ndan
t is
the
appe
llant
, the
tria
l co
urt
cler
k's
reco
rd M
US
T in
clud
e th
e tr
ial
cour
t's c
ertif
icat
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of
the
defe
ndan
t's r
ight
of a
ppea
l. (C
RIM
INA
L C
AS
ES
ON
LY)
5.)
Sav
e en
velo
pes
from
any
Pos
t Jud
gmen
t Mot
ions
, Mot
ions
for
New
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l an
d N
otic
es o
f App
eal T
RA
P 9
.2(B
)(2)
(A),
TR
CP
5
6.)
The
Cou
rt r
eque
sts
an e
lect
roni
c co
py o
f you
r cl
erk'
s re
cord
on
a C
D w
ith a
se
arc
ha
ble
PD
F f
orm
at
if p
ossi
ble
until
you
are
abl
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ctro
nica
lly fi
le
them
onl
ine
thro
ugh
the
port
al f
or T
AM
ES
.
7.)
We
hav
e an
inf
orm
atio
n fo
rm w
e re
ques
t tha
t yo
u se
nd in
with
the
cop
y o
f the
not
ice
of a
ppea
l. If
it is
not
sen
t in
we
will
hav
e to
cal
l yo
u fo
r th
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form
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Gui
delin
es f
or F
iling
an
AQ
Qea
l:
1.
File
orig
inal
not
ice
of a
ppea
l with
the
Tria
l C
ourt
and
a c
opy
with
the
Cou
rt o
f App
eals
(C
OA
).
Aff
idav
its o
f In
dige
nce
are
filed
with
the
Tria
l C
ourt
, alth
ough
, ext
ensi
ons
mus
t be
filed
with
the
CO
A.
2.
File
a D
ocke
ting
Sta
tem
ent
and
the
appr
opri
ate
filin
g fe
e w
ith t
he C
ourt
of A
ppea
ls.
3.
File
a w
ritte
n de
sign
atio
n w
ith t
he T
rial C
ourt
Cle
rk a
nd t
he C
ourt
Rep
orte
r an
d a
copy
of t
he C
ourt
Rep
orte
r's d
esig
natio
n w
ith t
he T
rial
Cou
rt C
lerk
. 4
. Y
ou M
ust
Pay
or
mak
e ar
rang
emen
ts to
pay
the
Tria
l C
ourt
Cle
rk a
nd t
he C
ourt
Rep
orte
r fo
r re
cord
s un
less
par
ties
are
indi
gent
. F
ailu
re t
o pa
y co
uld
be g
roun
ds f
or d
ism
issa
l in
civ
il ca
ses
.
Gra
y-F
ile in
Tria
l Cou
rt
Thi
s in
form
atio
n is
com
pile
d an
d m
ade
avai
labl
e as
a p
ublic
ser
vice
by
the
Cou
rt o
f App
eals
. H
owev
er.
the
Blu
e-
File
with
Cou
rt R
epor
ter
and
a co
py W
ith t
he T
rial C
ourt
C
ou
rt o
f App
eals
mak
es n
o w
arra
nty
as t
o th
e ac
cura
cy, r
elia
bilit
y, o
r co
mpl
eten
ess
of t
he in
form
atio
n a
nd
G
reen
-F
ile in
Cou
rt o
f App
eals
O
rang
e -F
ile in
Cou
rt o
f Crim
inal
App
eals
is
not
res
pons
ible
for
any
err
ors
or
omis
sion
s or
for
resu
lts o
btai
ned
from
the
use
of t
he i
nfor
mat
ion.
D
istr
ibut
ion
of t
he i
nfor
mat
ion
does
not
con
stitu
te s
uch
a w
arra
nty.
U
se o
f the
inf
orm
ati o
n is
the
sol
e Y
ello
w-
File
in
Sup
rem
e C
ourt
re
spon
sibi
lity
of t
he u
ser.
Ref
er to
the
Rul
es o
f App
ella
te P
roce
dure
fo
r m
ore
deta
il on
fili
ngs,
du
e d
ates
h
ttp
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ww
. 7th
coa
.co
urt
s.st
ate
.tx.
us
and
exte
nsio
ns.
APPENDIXE
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
ORDER DIRECTING
THE FORM OF THE APPELLATE RECORD IN CRIMINAL CASES
ORDERED that:
Pursuant to Texas Rule of Appellate Procedure 34.4, the Court of Criminal Appeals of Texas orders that the appellate record in criminal cases be in the form specified below. All references in this Order to a rule are to the Texas Rules of Appellate Procedure unless otherwise stated:
A. Clerk' s Record
1. 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) make a legible copy of the documents on opaque, white, 8Y:z X 11 inch paper, if practicable;
(c) arrange the documents in ascending chronological order, by date of filing or occurrence;
(d) consecutively number the pages in the bottom right-hand comer;
(e) bind the documents together in one or more group under a heavy cover;
(f) prepare, labeL and certify the clerk·s record as required by this Order.
2. The clerk"s record should be in the following form:
(a) It is preferred that the clerk' s record lie flat when opened.
(b) If the clerk's record will lie flat when opened. two-sided copies may be included in the cl erk's record; othenvise, only one-sided copies may be included.
(c) Each individual document must start on a new page.
(d) The fi rst volume should be nwnbered ''!'' and each succeeding volume numbered sequentially.
(e) Page numbering should start on the first page of the first volume of the clerk's record and continue to the final page of the clerk"s record without regard for the number of volumes in the clerk ' s record.
(f)
(g)
(h) judge.
It is preferred that the clerk's record be tabbed to show the beginning of each document.
Each document must show the date of filing.
As far as practicable, each order and judgment must show the date of signing by the
(i) The front cover of the first volume of the clerk·s record must include the following information and be in substantially the following form :
CLERK'S RECORD
VOLUME of
Trial Court Cause No.
In the __ (District or County) Court
of County, Texas,
Honorable , Judge Presiding
___ , Plaintiff(s)
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).
Attorney for Appellant(s): Name _______ _
Address _______ _ Telephone no. _______ _ Fax no. _______ _ SBOT no. ______ _
Attorney for: _______ , Appellant(s)
Delivered to the (Supreme Court of Texas at Austin, Texas, or Court of Criminal Appeals ofTexas at Austin, Texas,
or Court of Appeals for the _ _ District of Texas, at __ , Texas) on the __ day of _ ______ _
signature of clerk ___ _ name of clerk --- -title ----
Appellate Court Cause No. _ _
Filed in 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) this_ day of _ _ , __ _
____ , Clerk By , Deputy
Page 2 of 4
G) The front cover of the second and subsequent volumes of the clerk's record must include the same information and be in substantially the same form except that second and subsequent volumes may, but need not, include statements of delivery and filing.
(k) The clerk must prepare and include on the tirst pages of the clerk's reco rd a detailed index indentiiying each document included in the clerk's record, the date of tiling. and the page where it first appears. The index must be double spaced and conform to the order in which matters appear in the clerk's record, rather than in alphabetical order.
(I) After the index, the clerk must include the following:
The State of Texas ) County of )
In the (County Court or Judicial District Court) of __ County, Texas, the Honorable ____ ,Judge Presiding, the following proceedings were held and the following instruments and other papers were filed in this cause, to wit:
Trial Court Cause No. ---
) vs. )
)
(m) The clerk's record must conclude with a certificate in substantially the following form:
The State of Texas ) 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 ----
3. A supplement must be prepared in conformity with this Order.
4. In the event of a flagrant violation ofthis Order in the preparation ofthe clerk's record, on motion of a party or on its own initiative, the appellate court may require the clerk to amend the clerk's record or to prepare 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 clerk's expense.
B. Reporter's Record
I . The court reporter must prepare and file the reporter's record in accordance with Rules 34.6 and 35 and the Uniform Format Manual for Texas Court Reporters. Even if more than one notice of appeal or request for preparation of the record is filed , the reporter should prepare only one record in a case.
2. In the event of a flagrant violation of this Order 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 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
Page 3 of 4
expense. Failure of a reporter to comply with the requirements of the Uniform Format Manual for Texas Court Reporters is also subject to discipline by the Court Reporters Certification Board.
Amended April12, 1999, effective May 1, 1999.
Page 4 of4
TAMES Records Submission Portal (RSP)
User Guide
TAMES Records Submission Portal
Table of Contents
Version History ..... .. ..... ........ ..... .... ..... .... .. .. .. ... ..................... .. .. .......... .... ..... ........ .... ............... .......... ....... ....... 2
Overview ............... .................................................................................... .... ....... .. .. ...... ..... .. ... ....... .... .......... 3
Login and Account Request ...... .............. ........... .. ........ ...... ................... .... ....... .... .......... ...... .... ... ..... ........ ..... 3
Send Document ... ..... .. ...... .. .. .... .. ........ ... ... ...... ... ............... ........ ... .. .. .... ... .... ....... ............. ....... ........... ............ . 5
Appellate Case Information .. ......................................... .. ....... .... ..... ........................... ..... ..... .... .. .. .. .......... 5
Document I Fee Information ....... ..... .. ..................................................... ........ ... ... ......... ... .. ....... .. ...... .. .... 5
Trial Court Information ... .. ...... ......... ............................... ............ ........ .... ..................................... ... ...... .. .. 7
File List ........ ............... ........ ... ... .. ....................... .. ... .. .... ................... ............ .. ............. ... ... ... ... .... ............... 7
Support Information .. ...... .. ....... .. ...................................................................................................... .......... 11
Glossary ..... ................... .. ......... .. .......... ..... ............ ... ........ .... .. ...... ... .. ......... ................ .. ........ ............ ... ......... 12
Version History
Version Date Author Description of Change
1 10/12/11 Charlotte Velasco Initial version
2 04/04/13 Charlotte Velasco Updated to reflect change to the "File
List" section of the "Send Document"
web page.
3 08/01/13 Charlotte Velasco Updated the "File List" section of the
"Send Document" web page to reflect
that Sealed Yes/No selection and
Description are required fields.
Office of Court Administration Page 2 of 12
Information Services Version 3 [8/1/2013]
TAMES Records Submission Portal
Overview
The purpose of the Texas Appeals Management and eFiling System's Records Submission Porta l is to
serve as the means by which Trial Court Clerks and Court Reporters send electronic Clerk's Records and
electronic Court Reporter Records including Exhibits and Motions to the appellate courts.
Login and Account Request
The TAMES RSP Login and Account Request forms are accessed via your web browser from the following
URL: https://www.rsp.txcourts.gov/
The Login Form is located on the initial screen displayed from the above URL.
login form
User Id:
Password: [---------·-·--··----~ Remember Ne: D
Forqc.t Us.;r Na.m;, f Password? Roous ~ Account
Click on the Request an Account link displayed in the bottom right of the Login Form to request an
account, and the following screen will appear.
Office of Court Administration Page 3 of 12
Information Services Version 3 [8/1/2013]
TAMES Reco rds Submission Portal
Request User Account fields marked in boldface are required
first Name:
l'>'liddle Name:
Last flame:
Email Address:
Cont act Phone
Extension: L---------------------~
Account Type: J- Select - v j ~=======::::_____,
Appellate Court J- Select - V J flame: L-------------------'
(Select the Appellate Court in your Trial Court's geographical region. Once an account is created, files may be sent to any Appellate Court currentty accepting fLies from the TAMES Records Submission Portal.)
Security Policy D I affirm the information supplied is my ow n personal Affirmat ion: informatfon and I will uphold the security and confidentiality of
account credentials provided to me.
Submit Request
Forgot User Name I Passvvord?
Enter the requested information, noting that fields marked in bold are required fields. The two available
Account Type values are Court Clerk and Court Reporter. In the last field displayed, select the Appellate
Court in you r Trial Court's geographica l region . Your account request will be routed to the Appellate
Court for approval.
Once your account request is approved and your account is activated, you will receive an emai l
notification containing you r username and a separate email notification conta ining your password.
The Forgot User Name I Password? link on the Login screen can be used to generate an automated
email notification of your user name and/or password to the email address provided in your 'Request
User Account' form.
Office of Court Administration Page 4 of 12
Information Services Version 3 [8/1/2013]
TAMES Records Submission Portal
Send Document
Once logged in, the Send Document screen is accessed from the Send Document button in the top
navigation bar. Note that your account name and last login date and time are displayed just below the
top navigation bar.
Required fields: Fields marked with an asterisk(*) are required data fields .
Navigation: The tab key or mouse is used to navigate from one data entry field to another. The scroll bar
is used to navigate up and down the screen.
Appellate Case Information
1. Select the Appellate Court Name from the drop-down selection list (each of the sixteen
Appellate Courts is listed in the selection list).
2. Enter the Appellate Case Number (this isn't a required data field since there may be an
occasional instance in which the Appellate Case Number is unknown at the time a
document is sent; in the majority of instances however, this data should be entered) .
3. Enter the Appellate Style (if available).
Document I Fee Information
Note that when the Supreme Court is selected in the Appellate Case Information section a
checkbox appears in the Document/Fee Information section that should be checked if you are
sending a document for Disciplinary Appeals. Otherwise, proceed to item 4.
4. Select the Document Type from the selection values of: Clerk's Record, Court Reporter's
Record, Exhibit, Motion, Notice of Assignment, Other.
Office of Court Administration PageS of 12
Information Services Version 3 [8/1/2013]
TAMES Records Submission Portal
Send Document Fields ma.rked with an asterisk (' ) are required
Appellate Case Information
Appellate Court Name '[~~~'!.'!..o.!~P£:~1~ :::-:J
Appellate Style
Document I Fee Information
Document Type •
Record Cost
Payment Received From
Payment Status
Document Desaiphon
[&!--··--·----··----, - Select - Vi
[ ---- --------------
Trial Court Information
Appellate Case # L--·-------··-··-·····--··-······--·..1
Sent on Behalf Of r·---------""J
,.. v
5. Enter the "Sent on Behalf Of" information. The purpose of the 'Sent on Behalf Of'
information is to let the appellate clerk know who to contact regarding the record . The
user may be sending records on behalf of another person. For example, the Deputy
Clerk may be sending on beha lf of the Court Clerk.
6. Enter the Record Cost (numeric value with two decimal places) .
7. Enter the "Payment Received From" information.
8. Enter the Payment Status by selecting Paid, Unpaid or Unknown from the drop-down
selection list of values.
9. Enter the Document Description. The Document Description applies to the entire
transaction . It allows the user to add comments, remarks or description of the
document. For example "this document contains multiple files that comprise Exhibit A".
Office of Court Administration Page 6 of 12
Information Services Version 3 [8/1/2013]
TAMES Records Submission Portal
Trial Court Information
10. Select the Trial Court County from the drop-down list of values.
11. Select the Trial Court Name from the drop-down list of values. The specific list of values
displayed is driven by the selected Trial Court County.
12. Enter the Trial Court Case/Cause Number.
13. Enter the Trial Court Style.
If drop-down selection list values are not displayed, first check that any preceding drop-down
selection lists associated with required fields, such as Appellate Court Name or Trial Court
County, have been populated. The next step is to ensure that your web browser (such as Internet
Explorer) is set to display all websites in Compatibility View (see the instructions to Adjust
Com patibility View Settings in the Support Information section at the end of this document).
Trial Court Information
Trial Court County"
Trial Court Name •
i- Select -
i - Select-
Trial Court Case/Cause#' i J ~========~~====~-------------!r A ! Trial Court Style •
v i
File Ust
_ l Select i
File List
Note that files are to be submitted in PDF format with the only exceptions being video and audio
files [audio and video files may be submitted in MP3 or MP4 format with a file size limit of 2GB;
file size limit of PDF files is 100MB]. Due to the resulting size of PDFs created from scanned
Office of Court Administration Page 7 of 12
Information Services Version 3 [8/1/2013)
TAMES Records Submission Portal
documents, the goal is to create PDFs from electronic text files such as Microsoft Word and
minimize creation of PDFs from scanned document files to the extent possible. It is understood
that certain exhibits may only be available as scanned document files converted to PDF. When
scanning such exhibits scan each image in black and white with a resolution of 300 dots per inch
(dpi) . Additional specifications for Clerks are documented in appellate court rules and
specifications for Texas Court Reporters are documented in the Uniform Format Manual.
14. Click the "Select" button and browse to locate and select the file you would like to send.
Notice the displayed progress bar indicating upload of the file . Once the progess bar
shows as complete, the Sealed List and Description fields appear.
Note that any file added can be removed by clicking the "Remove" button located to the right of
the file name. The radial button displayed to the left of the file name will show as yellow while
the file upload is in progress, green when successfully uploaded, and red to indicate a problem
that would prevent the file from being sent.
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megabytes or each .mp3 or .mp4 file no larger than 2GB. Files greater than the file size limit
should be separated into multiple smaller files. Cumulative file size must not exceed 2GB.
NOTE: The Sealed List and Description fields appear only after you have selected a file. If these
fields do not appear upon selecting a file, see the instructions to Adjust Compatibility View
Settings in the Support Information section at the end of this document.
15. Sealed List designation . Select "Yes" or "No" from the drop-down selection list to
indicate whether the f ile being sent is a Sealed File. Selection of "Yes" or "No" in this
field is necessary as this is a required field.
Office of Court Administration Page 8 of 12
Information Services Version 3 [8/1/2013)
TAMES Records Submission Portal
16. Enter a file Description. The Description allows the user to enter information specifically
for a file. For example "this file contains Volume 2 of Exhibit A". Entry of a description is
necessary as this is a required field.
17. If your document is composed of multiple electronic files, then click the "Select" button
and repeat the process of adding a file.
18. Once each of your f iles have been entered, click the "Send" button to transmit your
document to the specified Appellate Court.
19. A Confirmation Form will appear once your transmission completes. An example screen
print is shown below. Note that if multiple files were sent it's helpful to verify that each
file is listed on the confirmation page.
20. The "Send Another Document for this Case" button at the bottom of the Confirmation
Form can be used to bring up a new Send Document screen pre-populated with
pertinent field entries carried over from the Send Document screen associated with the
displayed Confirmation Form. The "Send Document for Another Case" button can be
used to bring up an empty Send Document screen directly from the Confirmation Form.
Office of Court Administration Page 9 of 12
Information Services Version 3 [8/1/2013]
TAMES Records Submission Portal
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Page 10 of 12
Version 3 [8/1/2013)
TAMES Records Submission Portal
Support Information Support contact information for this software is displayed in the footer section of each TAMES RSP web
screen.
OCA Service Desk software support can be reached via email at [email protected].
Adjust Compatibility View Settings:
If you do not see noted fields (e.g., "Sealed File" and "Description" in steps 15 and 16 above) and you
are using Internet Explorer, do the following:
• Go to Tools -> Compatibility View settings (The keyboard shortcut is: 'Alt-o' then 'b')
• From the Compatiblity View Settings dialog, you can enter 'txcourts.gov' and click the Add
button, or check the box to Display all websites in compatibility view.
Compatibnrty v.ew Settings"'
You can add and remove websites to be displayed in Compatibility View.
E:Lebsites you've added to Compatibility Vie·.v:
M Download !JPdated compatibility lists from t•licrosoft
Learn mare b•t reading the Internet Explorer privacy statement
klose
Office of Court Administration
Information Services
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Version 3 [8/1/2013]
TAMES Records Submission Portal
Glossary
DPI- Abbreviation of Dots Per Inch . DPI is a measure of the resolution of a printer.
OCA- Abbreviation of Office of Court Administration.
PDF- Abbreviation of Portable Document Format. Formerly a proprietary format created by
Adobe Systems, PDF was officially released as an open standard file-format for document
exchange on July 1, 2008.
RSP- Abbreviation of Records Submission Portal.
TAMES- Abbreviation of Texas Appeals Management and eFiling System.
URL- Abbreviation of Uniform Resource Locator, the global address of documents and other
resources on the World Wide Web .
Office of Court Administration Page 12 of 12
Information Services Version 3 [8/1/2013]
CAUSE NO. 16-0339A
THE STATE OF TEXAS IN THE COUNTY COURT
vs. AT LAW OF
John Timothy Brantley WALKER COUNTY, TEXAS
NOTICE OF APPEAL
DATE: 8/08/2016
On this date, the Defendant in the above styled and numbered cause filed a Notice of Appeal by written notice.
PRESIDING JUDGE: Honorable, Tracy Sorensen 1100 University A venue, Suite 102 Huntsville, Texas 77320
ATTORNEY ON APPEAL: Ms. Kristen Jernigan, Attorney at Law 207 S. Austin Georgetown, Texas 78626 (512) 904-0123
COURT REPORTER: Unknown
ATTORNEY FOR THE STATE OF TEXAS: Mr. David Weeks, District Attorney of Walker County 1036 11th Street Huntsville, Texas 77340 (936) 435-2441
OFFENSE: Assault causing bodily injury: Family Member
CONVECTION: Deferred Sentence Order
SENTENCE GIVEN: (1) year Deferred Probation
DATE OF JUDGEMENT: January 14, 1999
APPELLANT CONFINED: N/ A
DATE MOTION FOR NEW TRIAL FILED: N/ A
DATE NOTICE OF APPEAL FILED: August 8, 2016
APPEAL BOND: N/A
CAUSE N0.12308CV
ANDREW HUSBAND, Plaintiff IN THE COUNTY COURT
vs. AT LAW OF
ZEKES TRUCKING CO. INC., AND KELLY DARSEY, Defendant
WALKER COUNTY, TEXAS
NOTICE OF APPEAL
DATE: 8/08/2016
On this date, the Plaintiff in the above styled and numbered cause filed a Notice of Appeal by written notice.
PRESIDING JUDGE: Honorable, Tracy Sorensen 1100 University Avenue, Suite 102 Huntsville, Texas 77320
PLAINTIFF- ATTORNEY: Mr. Ben Dominguez, II, Attorney at Law The Esperson Buildings 808 Travis, Suite 907 Houston, Texas 77002 (713) 224-7333
TYPE OF CASE: Motor Vehicle Accident
COURT REPORTER: Mrs. Marsha Burrus 1100 University A venue, Suite 102 Huntsville, Texas 77320
DEFENDANT - ATTORNEY: Mr. Marshall Holmes, Attorney at Law 1 Riverway, Suite 1000 Houston, Texas 77056 (713) 418-2001
DATE OF JUDGEMENT: Case was DISMISSED WITH PREJUDICE on July 11 ,2016
DATE MOTION FOR REINSTATEMENT FILED: July 21,2016
DATE NOTICE OF APPEAL FILED: August 8, 2016
CAUSE NO. 8353PR
IN THE ESTATE OF IN THE COUNTY COURT
BERNICE JEANETTE WILLIAMS AT LAW OF
DECEASED WALKER COUNTY, TEXAS
NOTICE OF APPEAL
DATE: 12/4/17
On this date, the Plaintiff in the above styled and numbered cause filed a Notice of Appeal by written notice.
PRESIDING JUDGE: Honorable, Kathleen S. Stone Senior District Judge - Former Statutory Probate Judge Sitting By Assignment 2310 Richton Houston, Texas 77098
CECILIA WILLIAMS PERKINS- ATTORNEY: Mr. Raymon Jordan 2521 Riverside Drive Houston, Texas 77004 (713) 526-4627
TYPE OF CASE: Probate
COURT REPORTER: Mrs. Marsha Burrus 1100 University Avenue, Suite 102 Huntsville, Texas 77320
MARCIA WILLIAMS CROMER- ATTORNEY: Mr. Lanny D. Ray P.O. Box 1019 Houston, Texas 77342 (936) 439-6940
DATE OF JUDGEMENT: DECREE CONFIRMING SALE OF REAL PROPERTY signed on Nov. 27, 2017
INFORMATION SHEET BY TRIAL COURT CLERK TENTH COURT OF APPEALS
Note to trial clerk: You are expected to file, respectively, the clerk 's record by the original due date. Jfyou cannot, you should advise the Clerk of the Tenth Court of Appeals immediately in writing, stating the reason and the date by which the record will be
filed Generally speaking, for good cause shown, the Court will grant no more than two extensions from the original due date, each extension not to exceed 30 days.
Appellate Case Number:
Trial Court Case Number: 8976 PR
Trial Court and County: County Court at Law I Walker
Cecil G Knickerbocker, Plaintiff Vs.
Donald Knickerbocker as the independent executor of the Estate of David Knickerbocker and Roy Mathis, Defendants
Information from Trial Court Clerk
The clerk's record will be completed and filed with the appellate court clerk by the original due date, subject to payment arrangements be made.
The clerk's record will not be filed by the original due date. (Please state reasons on reverse side.) I believe I can file the clerk's record by , and I request an extension.
Appellant has not made payment arrangements.
Appellant has been notified that the clerk 's record is ready via copy of Bill of Cost by email.
Appellant has made payment arrangements.
Clerk's Signature: Kari French, County Clerk
Phone Number: 936-436-4901
COMMENTS: Please extend due date for 12 days, (September 10, 2018) to allow more time for appellant to make payment arrangements. The Clerk's Record is ready; we just have not received the payment. Thank you.
CECIL G KNICKERBOCKER, PLANTIFF
vs
DONALD KNICKERBOCKER
CAUSE NO. 8353 PR
AS THE INDEPENDENT EXECUTOR OF THE ESTATE OF DAVID KNICKERBOCKER AND ROY MATHIS, DEFENDANTS
BILL OF COST lOth COURT OF APPEALS
DATE: August 21 , 2017
IN THE COUNTY COURT AT LAW OF
WALKER COUNTY, TEXAS
I, Kari French, County Clerk in and for Walker County, Texas, do hereby certify that the total cost of preparing the Clerk' s Record is $201.00.
The Clerk' s Record is due August 30, 2018.
The Clerk's Record will be filed with the 101h Court pending your payment for the preparation
ofthe Clerk' s Record.
Given under my hand and seal of said Court on the 21st day of August 21 , 2018
Kari French, Walker County Clerk
BY: ________________________ __ Stacey Soileau-Oates, Deputy
CLERK'S RECORD
VOLUME 1 ofl Court of Appeals Number: -----
Trial Court Cause Number: 8976 PR
In the County Court at Law ofWALKER County, Texas,
Honorable Donald Kraemer, Judge Presiding
Cecil G Knickerbocker, Plaintiff vs.
Donald Knickerbocker as the Independent Executor of the Estate of David Knickerbocker and Roy Mathis, Defendants
Appealed to the TENTH COURT OF APPEALS
WACO, TEXAS
PLAINTIFF -ATTORNEY: DEFENDANT- ATTORNEY: James D. Hurst 1202 Sam Houston A venue Huntsville, Texas 77340 (936) 295-5091
Jeremy Romoser 1300 11th Street, Suite 405 Huntsville, Texas 77340 (936) 295-3712
Delivered to the lOth COURT OF APPEALS, WACO, TEXAS On the day of
Signature of Clerk:
Name of Clerk:
Title:
KariA. French, Walker County Clerk Walker County Court House
Court of Appeals Number: -----Filed in the Tenth Court of Appeals, Waco, Texas
This day of __________ __,_ ____ ___,_ _______ , Deputy
_____________ , Clerk
By _______ _____ , Deputy
I
INDEX
Cecil G Knickerbocker, Plaintiff IN COUNTY COURT ATLAW
vs. WALKER COUNTY, TEXAS
Donald Knickerbocker as the Independent Executor of the Estate of David Knickerbocker and Roy Mathis, Defendants
TRANSCRIPT COVER
INDEX
CAPTION
CLERK'S CERTIFICATE
APPLICATION TO PROBATE WILL AND FOR ISSUANCE OF LETTERS TESTAMENTFAugust 29,2014
LETTER SENT TO ALL PAR TIES ISSUED: August 29, 2014
STATUS REQUEST FROM MR. HALL FILED: October 7, 2014
ORDER OF DISMISSAL FILED: October 20, 2014
LETTER FROM MR. HALL FILED: October 29, 2014
LETTER TO INEEQUA FISHER RETURNED TO SENDER FILED: October 31 , 2014
LETTER FROM PLAINTIFF ACCOMPANYING APPEAL TO 10 1H
COURT OF APPEALS FILED: November 7, 2014
APPEAL FROM THE COUNTY COURT AT LAW OF WALKER COUNTY, TEXAS BY MARSA HALL WITH PAUPER' S AFFIDAVIT FILED: November 7, 2014
I
II-
II
I N D E X- CONTINUED
SUBMISSION CONFIRMATION FROM TAMES RECORDS 108 SUBMISSION PORTAL FILED: November 13, 2014
CIVIL DOCKET SHEET 109
III
CAPTION
THE STATE OF TEXAS
COUNTY OF WALKER
In the County Court at Law of Walker County, Texas
The Honorable Barbara Hale, Judge Presiding, the following proceedings were held and
the following instruments and other papers were filed in this cause, to wit:
Civil Court Cause Number: 11894CV
MARSA HALL #540183 , Plaintiff
vs.
INEEQUA FISHER, VELISA S. RENFRO, Defendants
IN THE COURT AT LAW
WALKER COUNTY, TEXAS
IV
STATE OF TEXAS COUNTY OF WALKER
CLERK'S CERTIFICATE
I, KariA. French, Clerk ofthe County Court at Law, of Walker County Texas,
do hereby certify that the above and foregoing proceedings, instruments and other papers
contained in Volume 1, pages 1-109 inclusive, to which this certification is attached, are
all of the documents specified by the 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 WALKER, COUNTY TEXAS, this 4th day of December 2014.
Signature of Clerk:
Name of Clerk:
Title:
Kari A. French, County Clerk Walker County Court House
v
December 4, 2018
WALKER COUNTY CLERK
KARl A. FRENCH 1100 University Avenue, Suite 201 Huntsville, Texas 77340 936-436-4922 Fax 936-436-4928
www.co.walker.tx.us
TN THE COUNTY COURT AT LAW
Of Walker County, Texas
Khamia Ryans 2480 Briarcliff Road NE, Suite 6 #154 Atlanta, GA 30329
RE: Cause #118E036 Khamia Ryans
Vs.
Mary Harper, Chief Deputy 936-436-4904 Z'd Floor Walker County Courthouse
Birth & Death- Vitals: 936-436-4976 Brands, DBA, Marriage License: 936-436-4976
Civil County Court-at-Law: 936-436-4901 Probate County Court-at-Law: 936-436-4974 1" Floor Walker County Courthouse Criminal Misdemeanor: 936-436-4967/4902
Deeds & Records Management: 936-436-4924/4698
Charles Ryans, Sr. , Charles Ryans, Jr. , and Ezzard Ryans
Dear Ms. Ryans, The above styled cause has been received in County Court at Law of Walker County, Texas, on appeal from Justice Court #1. This case has been assigned our Cause #12939CV.
The fee for filing this case in County Court at Law is $252.00 and must be paid within twenty (20) days from the date of this letter in order for the appeal to be deemed perfected, in accordance with Rule 143a of the Texas Rules of Civil Procedure.
Thank you.
Sincerely,
KariA. French Walker County Clerk
By ________________________ _ Maren Gladden- Deputy
Copy to Defendants ' Attorney
December 4, 2018
WALKER COUNTY CLERK
KARl A. FRENCH 1100 University Avenue, Suite 201 Huntsville, Texas 77340 936-436-4922 Fax 936-436-4928 www.co.walker.tx.us
IN THE COUNTY COURT AT LAW
Of Walker County, Texas
Leah Taylor Y eley 221 University A venue Huntsville, TX 77320
RE: Cause# 18-2652 Arabella Santana
vs. Leah Yeley
Dear Ms. Yeley,
Mary Harper, Chief Deputy 936-436-4904 Z'd Floor Walker County Courthouse
Birth & Death · Vitals: 936-436-4976 Brands, DBA, Marriage License: 936-436-4976
Civil County Court-at-Law: 936-436-4974 Probate County Court-at-Law: 936-436-4901 1s' Floor Walker County Courthouse Criminal Misdemeanor: 936-436-4967/4902
Deeds & Records Management: 936-436-4924/4698
The above styled cause has been received in County Court at Law of Walker County, Texas, on appeal from Justice Court #3. The fee for filing this case has been waived and the appeal has been deemed perfected, in accordance with Rule 143a of the Texas Rules of Civil Procedure. The Cause Number for this appeal is 12912CV.
A hearing on this matter may be scheduled by contacting Casey Robertson, the Civil Court Coordinator- County Court at Law. Ms. Robertson may be reached at (936) 436-4921 or by email at [email protected].
Sincerely,
KariA. French, Walker County Clerk
By: ______________________ __ Maren Gladden - Deputy Clerk
Copy to Arabella Santana
December 4, 2018
Honorable Mark Holt
WALKER COUNTY CLERK
KARIA. FRENCH 1100 University Avenue, Suite 201 Huntsville, Texas 77340 936-436-4922 Fax 936-436-4928 www.co.walker.tx.us
Justice ofthe Peace, Precinct Three 2986A State Highway 19 Huntsville, TX 77320
Re: Cause #15-2004 Heritage Legacy Enterprises LLC Vs.
Lasheda Reed
Dear Judge Holt,
Mary Harper, Chief Deputy 936-436-4904 r'd Floor Walker County Courthouse
Birth & Death -Vita ls: 936-436-4976 Brands, DBA, Marriage License: 936-436-4976
Civil County Court-at-Law: 936-436-4974 Probate County Court-a t-Law : 936-436·4901 1'' Floor Walker County Courthouse Criminal Misdemeanor: 936-436-4967/4902
Deeds & Records Management: 936-436-4924/4698
The above referenced appeal is being returned to your office because it was not perfected. Please acknowledge receipt with a file stamp on this notice and return to our office.
Thank you,
Sincerely,
Kathy Cook Deputy Clerk- Civil
The above papers were received in Justice Court #1 on this the ___ day of _____ , 2015.
By:
CAUSE NO. 12055CV
STANLEY E. CLARK #1319496 § § § § §
IN THE COUNTY COURT AT LAW
VS. OF
BILLY MCCREARY, ET AL WALKER COUNTY, TEXAS
ORDER
TO: Inmate Trust Account COPY TO: Stanley E. Clark, TDCJ #1319496 and the Attorney General of Texas
GREETINGS:
Stanley E. Clark, TDCJ #1319496, Texas Department of Criminal Justice Institutional Division offender plaintiff has of this date filed a civil action in the County Court at Law of Walker County, Texas as above entitled. Thereby, court cost and fees have been incurred as represented in the certified Bill of Costs attached hereto in the amount of $ ___ _
The Court ORDERS that payment be made out of Stanley E. Clark, TDCJ #1319496 Inmate Trust Account as follows:
Pay an initial amount equal to the lesser of:
1. 20% of the preceding six month's deposits in the Inmates' Trust Account; or
2. the total amount of fees and costs.
In each month following in which the initial payment is made Stanley E. Clark, TDCJ #1319496 shall pay an amount equal to the lesser of:
1. 10% of that month's deposit to the Inmates' Trust Account; or 2. the total amount of fees that remain unpaid.
Payments are to continue until the total amount certified or Stanley E. Clark, TDCJ #1319496 is released from confinement.
On receipt of a copy of this Order, the department (Inmate Trust Account) shall withdraw money from the trust account of the inmate, hold same in a separate account and shall forward said money to the court clerk who submitted the Bill of Costs on the earlier of the following dates:
1. the date the total amount to be forwarded equals the total amount which remains unpaid; OR
2. the date the inmate is released.
The Court enters this order pursuant to Article 14.006 of the Texas Practice and Remedies Code.
SIGNED this __ day of March, 2015.
JUDGE PRESIDING
STANLEY E. CLARK #1319496
VS.
BILLY MCCREARY, ET AL
CAUSE NO. 12055CV
§ § § § §
IN THE COUNTY COURT AT LAW
OF
WALKER COUNTY, TEXAS
ORDER
The Clerk of the Court shall send a copy of this order along with a copy of all pleadings, affidavits, unsworn declarations and exhibits in the above styled and numbered cause to the Docketing Clerk, Law Enforcement Defense Division of the Office of the Attorney General.
The Attorney General shall review the pleadings, affidavits, unsworn declarations and exhibits for compliance with the Texas Civil Practice and Remedies Code, Chapter 14. The Attorney General shall file as amicus curiae an advisory opinion with the Court as to whether the inmate plaintiff has satisfied all of the statutory requirements.
The Court requests that the Attorney General obtain authority to represent the defendant(s) and answer on their behalf within sixty (60) days after receipt of this order. In the event the Attorney General is unable to locate a defendant or secure authorization to represent a defendant, the Attorney General shall file with this court within the same time period a statement of the last known address for defendant. An authorization agent for the Texas Department of Criminal Justice, Institutional Division, shall execute a statement of the last known address fore defendant(s) that are current or former employees of that agency. The affidavit may be filed ex parte and sealed subject to a motion to unseal for good cause shown by the plaintiff.
SIGNED this __ day of March, 2015.
JUDGE PRESIDING
STANLEY E. CLARK #1319496
VS.
BILLY MCCREARY, ET AL
CAUSE NO. 12055CV
§ § § § §
IN THE COUNTY COURT AT LAW
OF
WALKER COUNTY, TEXAS
SUPPLEMENTAL ORDER
IT IS ORDERED that the clerk of the court assess costs against plaintiff for costs of filing fees pursuant to Chapter 14 of the Texas Civil Practice and Remedies Code. Furthermore, the clerk shall forward a certified copy of this order and bill of costs to the Texas Department of Criminal Justice Trust Fund Department and the plaintiff in accordance with section 498.0045 of the Texas Government Code and section 14.006 of the Texas Civil Practice and Remedies Code.
SIGNED this ___ day of March, 2015.
JUDGE PRESIDING
Page 1 of 12
Appeal Overview and Process
for County Clerks
Overview and Process
Statutes
Examples
References
Prepared for the County and District Clerks Association of Texas
Winter Conference 2019 – San Marcos, Texas
Walker County Clerk – Kari A French
Page 2 of 12
Appeals Overview and Process for County Clerks
One of the many duties as Clerks involves processing appeal cases.
Most of the time, County Clerk’s will receive an appeal from the JP or Municipal level.
We also prepare the Clerks Record for cases that are appealed to a higher Court.
This session is a general overview of the process for appeals in our offices.
What is an Appeal?
The legal dictionary defines an appeal as follows:
“A written request to a higher Court to modify or reverse the judgment of a
trial Court or intermediate level appellate Court.”
The party seeking the appeal is called the appellant.
The party defending the appeal is called the appellee.
Generally, the appellate Court takes the evidence presented at the trial Court to be true and
considers only whether the judge made mistakes in understanding and applying the law.
Sometimes an appeal is called a “direct appeal”, distinguishing it from a mandamus proceeding,
or other type of proceeding. A direct appeal seeks review of a trial Court’s final judgment.
A judgment is final for the purposes of appeal if it purports to dispose of all claims/parties.
In contrast to a direct appeal, other appellate proceedings, such as mandamus or habeas corpus,
ask the appellate Court to make an initial decision on an issue.
There are 14 intermediate Courts of appeals in Texas.
Each Court of appeals has jurisdiction over a particular geographical district,
consisting of certain counties.
The Clerk, the judge, the parties, and their attorneys all have roles in the process of appeals.
The primary responsibility for preparing the appeal, however, falls upon the Clerk.
There are specific rules relating to both the time periods for perfecting appeals and the procedures
for doing so.
As Clerks we need to become thoroughly familiar with the procedures on appeals process.
In determining the period within which the various steps of an appeal must be taken, the date when
the trial judge signs the order or judgment shall determine the beginning of the time periods
prescribed for filing an appeal.
Page 3 of 12
Courts Overview
Civil / Probate Court
Civil cases do not deal with criminal actions, but rather with disputes between private parties. A
civil case can be defined as a personal action to compel payment or performance. The end purpose
of most civil cases is to obtain a judgment for money, but judgment is sometimes sought to compel
or enjoin some action.
The various Courts in Texas have overlapping jurisdiction in civil cases. The exact jurisdictional
parameters of a given type of Court may vary from one location to another. The justice of the peace
Courts have jurisdiction in which the amount in controversy is not more than $10,000.
Constitutional county Courts have jurisdiction where the amount in controversy is greater than $200
but no more than $200,000.
Certain statutory county Courts have jurisdiction over cases with higher maximum amounts in
controversy. A statutory county Court has concurrent with the county Court the probate jurisdiction
provided by general law for county Courts; however, in a county that has a statutory probate Court,
that statutory probate Court is the only county Court created by statute with probate jurisdiction.
NOTE: Regarding county Courts, the term "amount in controversy" encompasses attorney fees but
not Court costs or interest.
Criminal Misdemeanor Court Overview
The Clerk's duties in criminal cases are varied and include filing cases, issuing processes,
maintaining minutes of proceedings, collecting costs and fines, and arranging for commitments and
appeals. Criminal trial Courts in Texas are organized on three levels:
The justice and municipal Courts are the lowest level. These Courts try crimes designated as
misdemeanors where the maximum punishment for the offense is a fine not to exceed $500.
County Courts have original jurisdiction in Class A and B misdemeanors. County Courts serve as
appellate Courts in cases originally tried in justice and municipal Courts.
Constitutional County Courts, traditionally, criminal cases are heard by the county judge sitting as
the judge of the constitutional county Court. This is still true for many of the smaller counties.
Statutory County Courts, in high population areas, the caseload of both civil and criminal
proceedings has grown so large that legislature has created special Courts. Courts established by the
legislature are called county Courts at law, county criminal Courts, or some other name to
distinguish between them and the constitutional county Court. These statutory county Courts
generally have the same jurisdiction and powers as the constitutional county Court, but in many
counties jurisdiction has been limited or expanded.
The highest level of trial Court is the district Court, which hears felonies, the most serious of
criminal cases. The County Clerk normally has no official duties in regard to district Court cases.
Page 4 of 12
Appeals from Lower Courts
Appeals from lower Courts must be filed in the lower Court where the case originated.
An appeal from a Justice or Municipal Court to a County Court begins with a party who seeks to
alter the trial Court’s judgment or other appealable order must file a notice of appeal.
Parties whose interests are aligned may file a joint notice of appeal.
Jurisdiction
In order for jurisdiction to attach in a County Court on an appeal from a Justice Court proceeding.
The appellant will file an appeal bond as required or an affidavit of inability to pay if they cannot
pay the appeal filing fee to the higher Court. In the County Clerks Court’s registry, appeal bonds are
filled with the County Treasurer.
Notice of Appeal
An appeal is perfected when a written notice of appeal is filed with the trial Court clerk. If a notice
of appeal is mistakenly filed with the appellate Court, the notice is deemed to have been filed the
same day with the trial Court clerk, and the appellate clerk must immediately send the trial Court
clerk a copy of the notice.
The notice of appeal must:
1. Identify the trial Court and state the case’s trial Court number and style
2. State the date of the judgment or order appealed from
3. State that the party desires to appeal
4. State the Court to which the appeal is taken
5. State the name of each party filing the notice
6. In an accelerated appeal, state that the appeal is accelerated
The notice of appeal must be served on all parties to the trial Court's final judgment or on all parties
to the trial Court proceeding.
Amending the Notice
An amended notice of appeal correcting a defect in an earlier filed notice may be filed in the
appellate Court at any time before the appellant's brief is filed. The amended notice is subject to
being struck for cause on the motion of any party affected by the amended notice. Enforcement of Judgment Not Suspended by Appeal
The filing of a notice of appeal does not suspend enforcement of the judgment.
Enforcement of the judgment may proceed unless, the judgment is superseded in accordance with
Rule 24, or the appellant is entitled to supersede the judgment without by filing a notice of appeal.
It the appellant is able to pay, they shall pay to the County Clerk, within twenty days after being
notified the costs as required. Clerks of Justice or Municipal Courts will direct appeals from those
Courts to the County Clerk once the appeal is perfected in the lower Court.
Appeals form Justice (JP) Courts
Small Claims and Evictions are some of the cases filed which are sent to this office when they are
appealed. We also receive appeals of cases that were filed by TDCJ Offenders. Appeals to CCL
are normally not E-filed. They are usually hand-carried, mailed or sent through Inter-Departmental
mail. Usually they will include a form to sign acknowledging receipt of the appeal.
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Appeal of License Revocation – LR
The applicant is appealing the decision that was made to revoke or suspend their license.
This is filed as a new case with the base filing fee + 2 certifications.
Appeals without Pauper’s Affidavit (All):
Send a letter to the appellant (party who filed the appeal) or their attorney to request the filing fee
and notify them of the 20 day deadline to pay the fee. (TRCP 143a)
Before filing the case with the other active cases, notate what the due date is for the fee. When the
fee is received, send a letter to the appellant in writing that the case has been perfected and to
contact Court Coordinator to schedule a hearing. Send a copy to all parties. If the filing fee is not
received by the deadline, the case may be deemed as “not perfected” and is subject to being
returned to the Justice Court that sent it to us. Send to the Judge that it was not perfected.
Eviction Appeals with Pauper’s Affidavits (Inability to Pay Court Costs)
When an appeal filed with a Pauper’s Affidavit and the Appellant is the Tenant, Chapter 24 of the
Property Code requires that they pay a deposit of one month’s rent into the JP Court’s registry of
the Court. If there is nothing in the file indicating that the Appellant made this payment, contact the
JP’s office to ask if it was paid and notate it for the Judge’s review. Chapter 24 also requires that
the Tenant/Appellants pay their rent into the County Clerk’s Registry of the Court as it becomes
due for the duration of the appeal process. Draft a letter to the Appellant and send the file to the
Judge with a notation that the letter has not been sent. After the file is returned, unless the Judge has
instructed otherwise, send the letter to Appellant or their attorney to notify them that the case has
been received and for them to contact the Case Coordinator to set up a hearing.
Criminal Misdemeanor Appeals
This is for appeals from lower Courts (Municipal or JP) or transfers from the District Clerks office.
You will need to check to see if it’s a traffic appeal or other. Traffic appeal is anything related to
driving/traffic. You will complete the same steps as the complaint and information brought over by
the District Attorney’s office. Make all copies in the same order received. Enter in bond as appeal
bond. Print one for defendant, county attorney, bondsman, surety and file. Print bill of cost and
don’t add any fees and summary. If the defendant is found not guilty, the case is dismissed and no
fines or costs are assessed. If the defendant is found guilty and the appeal is from a Municipal
Court, then the Clerk is to collect and return the fine to the Municipal Court but retain the costs. If
the defendant is found guilty and the appeal is from a Justice Court, the Clerk is to retain both the
costs and the fine.
Offender Filings
Cases filed by TDCJ Offenders are usually received as appeals from Justice Courts.
Usually when a TDCJ Offender appeal is filed, it includes an Affidavit of Indigence or a Pauper’s
Affidavit. Also, most, if not all, of these Appeals have been suits that were filed against TDCJ
and/or one of its employees. Offender Appeals from JP Courts without a Pauper’s Affidavit are
processed as normal. Appeals filed by offenders with a Pauper’s Affidavit fall under Chapter 14 of
the Civil Practice and Remedies Code.
The County Clerk should:
File-mark all instruments and assign a county Court case number.
Create the judge’s docket and file all instruments in the case jacket. You will process the appeal
from the lower Court as any other case.
Page 6 of 12
Appeals to a Higher Court
When a notice that an appeal has been filed with the Higher Court of Appeals is received,
immediately send the case to the Judge. We are required to file the contents of the case, known as
the Clerk’s Record within a certain period of time. No parties in the case automatically receive a
copy of the Clerk’s Record. It must be specifically requested. They are entitled to one copy at no
charge with additional copies available at the normal cost of $1.00/page.
Jurisdiction
The jurisdiction for appeals of all Civil/Probate cases from the County Courts is with the Court of
appeals within the particular district. It is the responsibility of the Clerk in all appeal cases to
prepare the Clerk's record and forward it to the Court of appeals.
The jurisdiction for appeals of all criminal cases from the county Courts is with the Court of appeals
within the particular district. It is the responsibility of the Clerk in all appeal cases to prepare the
Clerk's record and forward it to the Court of appeals or the Court of Criminal Appeals.
It is the responsibility of the clerk in all appeal cases to prepare the clerk's record and forward it to
the Court of appeals or the Court of Criminal Appeals.
Right of Appeal When a Court enters a judgment or other appealable order and the defendant has a right of appeal,
the Court (orally or in writing) shall advise the plaintiff or Defendant of their right of appeal and of
the requirements for timely filing a sufficient notice of appeal.
Notice of Appeal
Notice must be given in writing and filed with the trial Court clerk. Notice is sufficient if it shows
the party's desire to appeal the judgment or other appealable order. The State is entitled to appeal a
Court’s order in a criminal case as provided by Code of Criminal Procedure article 44.01. The
notice of appeal must be filed within 20 days after the day the trial Court enters the order, ruling, or
sentence to be appealed. The defendant in a criminal case has the right of appeal under Code of
Criminal Procedure article 44.02. The notice of appeal must be filed within 30 days after the day
sentence is imposed or after the day the trial Court enters an appealable order or within 90 days
after the sentence is imposed.
Service of Notice
In the copy filed with the appellate Court, the notice of appeal must be served on all parties to the
trial Court's final judgment. In the case of an interlocutory appeal, the notice of appeal must be
served on all parties to the trial Court proceeding. A copy of the notice of appeal must be filed with
the appellate Court Clerk.
Certification of Defendant's Right of Appeal
If the defendant is the appellant, the record must include the trial Court's certification of the
defendant's right of appeal under TRAP 25.2(a)(2).
The certification shall include a notice that the defendant has been informed of his rights concerning
an appeal, as well as any right to file a pro se petition for discretionary review.
This notification shall be signed by the defendant, with a copy given to him.
Effect of Appeal
Once the record has been filed in the appellate Court, all further proceedings in the trial Court will
generally be suspended until the trial Court receives the appellate Court mandate.
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Premature Filings
In a civil case, a prematurely filed notice of appeal is effective and deemed filed on the day of, but
after, the event that begins the period for perfecting the appeal. There are specific rules relating to
both the time periods for perfecting appeals and the procedures for doing so.
In a criminal case, a prematurely filed notice of appeal is effective and deemed filed on the same
day, but after, sentence is imposed or suspended in open Court, or the appealable order is signed by
the trial Court. But a notice of appeal is not effective if filed before the trial Court makes a finding
of guilt or receives a jury verdict.
Types of Accelerated Appeals
Appeals from interlocutory orders (when allowed by statute), appeals in quo warrant proceedings,
appeals required by statute to be accelerated or expedited, and appeals required by law to be filed or
perfected within less than 30 days after the date of the order or judgment being appealed are
accelerated appeals.
Interlocutory Appeals in Statutory Probate Courts
Although most practitioners in statutory probate Courts have thought they already had the ability to
take interlocutory appeals of some eleven different types of orders issued by the Court, the
Legislature in 2013 explicitly added statutory probate Courts to the list of Courts from which an
interlocutory appeal may be taken. Tex. Civ. Pr. & Rem. Code §51.014(a). (SB 1083 & HB 1874)
Perfecting Appeal in a Criminal Case
In a criminal case, appeal is perfected by timely filing a sufficient notice of appeal.
Perfection of Accelerated Appeal
Unless otherwise provided by statute, an accelerated appeal is perfected by filing a notice of appeal
in compliance with Rule 25.1 within the time allowed by Rule 26.1(b) or as extended by Rule 26.3.
Filing a motion for new trial, any other post-trial motion, or a request for findings of fact will not
extend the time to perfect an accelerated appeal.
Record and Briefs
In lieu of the clerk's record, the appellate Court may hear an accelerated appeal on the original
papers forwarded by the trial Court or on sworn and uncontroverted copies of those papers. The
appellate Court may allow the case to be submitted without briefs.
Extension of Time to File Petition
The Court of appeals may extend the time to file the petition if the party: files the petition within 15
days after the deadline, and files a motion complying with Rule 3510.5(b).
Motion for New Trial
Generally, a motion for new trial is not a prerequisite to an appeal. However, one must file a motion
for new trial in order to preserve certain complaints for appeal. A motion for new trial, if filed, shall
be filed within 30 days after the judgment or other order complained of is signed.
Request for Findings of Fact and Conclusions of Law
In any case tried in the District or County Court without a jury, any party may request the Court to
state in writing its findings of fact and conclusions of law. Such request must be filed within 20
days after judgment is signed with the Clerk of the Court, who shall immediately call such request
to the attention of the judge who tried the case.
Page 8 of 12
Indigent Criminal Defendants
An appellant who is unable to pay for the appellate record may file a motion and affidavit within
the time required to perfect an appeal asking the Court to have the appellate record furnished
without charge.
The Appellate Record
There are two primary components of an appellate record: the clerk's record and the reporter's
record.
Clerk’s Record
At any time before the clerk's record is prepared, any party may file with the clerk a written
designation specifying matters for inclusion in the clerk's record. the designation must be specific
and the clerk will disregard any general designation such as one for "all papers filed in the cause."
A copy of the designation should be included in the clerk's record. If a relevant item has been
omitted from the clerk's record, the trial Court, the appellate Court, or any party may, by letter,
direct the clerk to prepare, certify, and file in the appellate Court a supplement containing the
omitted item. An appellate Court cannot refuse to file the clerk's record or a supplemental clerk's
record because of failure to timely request items to be included in the clerk's record.
The Clerk's Responsibility
The trial Court clerk is responsible for preparing, certifying, and timely filing the clerk's record
when a notice of appeal has been filed and the party responsible for paying for the preparation of
the clerk's record has paid the clerk's fee, has made satisfactory arrangements with the clerk to pay
the fee, or is entitled to appeal without paying the fee.
Unless the parties designate the filings in the appellate record by agreement under Rule 34.2, the
record must include copies of the following:
1. In civil cases, all pleadings on which the trial was held
2. In criminal cases, the indictment or information, any special plea or defense motion that was
presented to the Court and overruled, any written waiver, any written stipulation, and, in
cases in which a plea of guilty or nolo contendere has been entered, any documents executed
for the plea
3. The Court's docket sheet
4. The Court's charge and jury's verdict, or the Court's findings of fact and conclusions of law
5. The Court's judgment or other order that is being appealed
6. Any request for findings of fact and conclusions of law, any post-judgment motion, and the
Court's order on the motion
7. The notice of appeal
8. Any formal bill of exception
9. Any request for a reporter’s record, including any statement of points or issues under Rule
34.6(c)
10. Any request for preparation of the clerk’s record
11. In civil cases, a certified bill of costs, including the cost of preparing the clerk’s record,
showing credits for payments made
12. In criminal cases, the trial Court's certification of the defendant's right of appeal under Rule
25.2; and
13. Subject to any filing that a party designates to have included in the record
Page 11 of 12
Criminal Appellate Process and Timelines
The Clerk's responsibility in appeals is not only to prepare the Clerk's record but to coordinate the
efforts of the attorneys, the Judge, and the Court reporter. Therefore, the Clerk must be aware of the
entire appellate process.
In criminal appellate matters, the beginning of the periods of time prescribed in the various
rules, statutes, and orders of Court is determined by the date sentence is imposed or
suspended in open Court.
In computing any period of time, the date of sentencing is not to be included. T
Notice of appeal must be given in writing and filed with the Clerk of the trial Court.
Appeal is perfected when notice of appeal is filed within 30 (20 by the State) days after the
sentence is imposed or suspended in Court, or the day an appealable order is signed by the
trial judge; except, if a motion for new trial has been timely filed, notice of appeal must be
filed within 90 days after the day sentence is imposed or suspended in open Court.
The Clerk must note upon the copies of the notice the number of the cause and the date that
notice was filed and immediately send one copy to the Clerk of the appropriate Court of
appeals and one copy to the attorney for the State.
A notice of appeal may be withdrawn any time prior to the decision of the Court of appeals.
The withdrawal must be in writing, signed by the defendant and his or her attorney and filed
in duplicate with the Clerk of the Court of appeals, who must immediately forward the
duplicate copy to the Clerk of the trial Court.
Formal bills of exception must be filed in the trial Court within 60 days after the sentence is
pronounced or suspended in open Court or if a timely motion for new trial has been filed,
within 90 days after sentence is pronounced or suspended in open Court.
When a mandate is returned on the appeal, the Clerk must file it with the papers of the case
and note it upon the docket. The Clerk must also send an acknowledgment of the mandate's
receipt to the appellate Clerk.
A motion for new trial is not a prerequisite, however, it may be filed within 30 days after,
the date sentence is imposed or suspended in Court.
Amended motions may be filed before any preceding motion for new trial is overruled and
within 30 days after sentence. In the event an original or amended motion for new trial is not
granted or denied by written order of the Court within 75 days after the date of sentence, it
will be considered overruled by operation of law.
An order overruling a motion in arrest of judgment will be considered an order overruling a
motion for new trial for the purpose of giving notice of appeal.
If the defendant in a case on appeal has been on bail, upon receipt of the mandate affirming
the judgment, the Clerk must issue a capias for the arrest of the defendant for the execution
of the sentence of the Court. The capias (commitment) must include a recitation of the
conviction, which sets forth the offense and judgment and sentence of the Court, the appeal
and affirmation of the judgment and the filing of the capias. The capias commands the
sheriff to arrest the defendant. The sheriff must notify the Clerk when this has been done.
The appellate record must be filed in the appellate Court: if a motion for new trial is not
filed, within 60 days after the date the sentence is imposed or suspended in open Court or
the order appealed from is signed; if a timely motion for new trial is filed and denied, within
120 days after the date the sentence is imposed or suspended in open Court; or if a motion
for new trial is granted, within 60 days after the order granting the motion is signed.
Page 12 of 12
Indigent Criminal Defendants
An appellant who is unable to pay for the appellate record may file a motion and affidavit
within the time required to perfect an appeal asking the Court to have the appellate record
without charge.
If after hearing the motion the Court finds that the appellant cannot pay or give security for
the appellate record, the Court must order the reporter to transcribe the proceedings without
charge to the appellant.
Decision from the Higher Court of Appeals:
Normally notification of a decision by the Higher Court is done via email.
EVENT TYPE: Memorandum Opinion
COMMENT: and Judgment from Higher Court of Appeals
Statue Reference
Civil Practice and Remedies Code – Chapter 51
Code of Criminal Procedure – Chapter 44
Texas Rules of Appellate Procedure
Texas Government Code – 30.00014
Government Code – Chapter 22
AG Op. JM-318 (1985)
HB 274 (82nd Legislature)
References & Links
County Clerk Reference Guide & County Clerk Manual (2013 Edition)
https://www.cdcatexas.com
Texas State Statutes - https://statutes.capitol.texas.gov
Texas Rules of Civil Procedure TRCP
Attachments
Court Structure of Texas
Typical Misdemeanor Case flow
Appellate timetable for Clerks
Appellate timetable for Attorneys
Appendix E – In the Court of Criminal Appeal of Texas
Tames User Guide
Ex. Notice of Appeal Criminal, Notice of Appeal Civil, Notice of Appeal Probate
Ex. Information Sheet by Trial Clerks
Ex. Bill of Costs
Ex. Clerks Record
Ex. Letter stating Fee. Letter stating fee received and set Court date, Letter to Judge not perfected
Inmate Correspondence
Page 9 of 12
Clerks Record Process
Make a legible copy of the documents on opaque, white, 8½ x 11 inch paper, if practicable.
Arrange the documents in ascending chronological order, by date of filing or occurrence.
Consecutively number the pages in the bottom right-hand corner.
Bind the documents in ascending chronological order, by date of filing or occurrence.
Prepare, label and certify the Clerk's record as required by the Court of Criminal Appeals Order
Directing the Form of the Appellate Record in Criminal Cases.
NOTE: Many appellate Courts now require the Clerk’s record to be uploaded via their website.
Appeal from Department of Public Safety Ruling Under the provisions of Section 521.308,
Transportation Code, a person may appeal an order of suspension, probated suspension,
revocation, or cancellation of his or her driver's license entered by the Department of Public Safety.
The proper filing of a petition of appeal will abate such an order until the trial has been completed
and a final judgment has been entered. A citation is usually not issued, but the appellant must send
a certified copy of the petition by certified mail to the Department of Public Safety. Transp. Code
Sec. 521.308
Request for Additional Items
1. Time for Request. At any time before the clerk’s record is prepared, any party may file with
the trial Court clerk a written designation specifying items to be included in the record.
2. Request Must be Specific. A party requesting that an item be included in the clerk’s record
must specifically describe the item so that the clerk can readily identify it. The clerk will
disregard a general designation, such as “all papers filed in the case.”
3. Requesting Unnecessary Items. In a civil case, if a party requests that more items than
necessary be included in the clerk’s record or any supplement, the appellate Court may
regardless of the appeal's outcome require that party to pay the costs for the preparation of
the unnecessary portion.
4. Failure to Timely Request. An appellate Court must not refuse to file the clerk’s record or a
supplemental clerk’s record because of a failure to timely request items to be included in the
clerk’s record.
Supplementation
If a relevant item has been omitted from the clerk’s record, the trial or appellate Court, or any party
may by letter direct the trial Court clerk to prepare, certify, and file a supplement containing the
omitted item. If the appellate Court in a criminal case orders the trial Court to prepare and file
findings of fact and conclusions of law or certification of the defendant's right of appeal, the trial
Court clerk must prepare, certify, and file a supplemental clerk’s record.
Defects or Inaccuracies
If the clerk’s record is defective or inaccurate, the appellate clerk must inform the trial Court clerk
of the defect or inaccuracy and instruct the clerk to make the correction.
Clerk’s Record Lost or Destroyed
If a filing designated for inclusion in the clerk’s record has been lost or destroyed, the parties
may, by written stipulation, deliver a copy of that item to the trial Court clerk for inclusion
in the clerk’s record or a supplement. If the parties cannot agree, the trial Court must on any party's
motion or at the appellate Court's request, determine what constitutes an accurate copy of the
missing item and order it to be included in the clerk’s record or a supplement.
Page 10 of 12
Original Documents
If the trial Court determines that original documents filed with the trial Court clerk should be
inspected by the appellate Court or sent to that Court in lieu of copies, the trial Court must make an
order for the safekeeping, transportation, and return of those original documents. The order must list
the original documents and briefly describe them. All the documents must be arranged in their listed
sequence and bound firmly together. On any party's motion or its own initiative, the appellate Court
may direct the trial Court clerk to send it any original document.
Clerk May Consult With Parties
The clerk may consult with the parties concerning the contents of the clerk’s record.
Important Timelines
Deadlines are extremely important in an appeal, as a client could lose very important rights if a
deadline passes without action. Most often, unlike the trial Court, there is no grace or leave of Court
granted when a deadline passes. Preparation for an appeal really begins at the trial Court level. In
order to prevail on an appeal, the proper foundation must be laid at the trial Court level.
As a prerequisite for presenting a complaint for appellate review, a complaint must be preserved in
accordance with Rule 33.1 of the Texas Rules of Appellate Procedure.
Extension of Time
The appellate Court may extend the time to file the notice of appeal if, within 15 days after the
deadline for filing the notice of appeal, the party:
(a) files in the trial Court the notice of appeal; and
(b) files in the appellate Court a motion complying with Rule 10.5(b).
Time to Perfect Appeal Civil Cases
The notice of appeal must be filed within 30 days after the judgment is signed, except as follows:
1. the notice of appeal must be filed within 90 days after the judgment is signed if any party
timely files: a motion for new trial; a motion to modify the judgment; a motion to reinstate
under Texas Rule of Civil Procedure 165a; or a request for findings of fact and conclusions
of law if findings and conclusions either are required by the Rules of Civil Procedure or, if
not required, could properly be considered by the appellate Court;
2. in an accelerated appeal, the notice of appeal must be filed within 20 days after the
judgment or order is signed
3. in a restricted appeal, the notice of appeal must be filed within six months after the judgment
or order is signed; and
4. if any party timely files a notice of appeal, another party may file a notice of appeal within
the applicable period stated above or 14 days after the first filed notice of appeal,
whichever is later.
The appellate record must be filed in the appellate Court within 60 days after the judgment is
signed, except as follows: if Rule 26.1(a) applies, within 120 days after the judgment is signed;
if Rule 26.1(b) applies, within 10 days after the notice of appeal is filed; or if Rule 26.1(c) applies,
within 30 days after the notice of appeal is filed.
