A Texas Clerks Request For Extension of Time To File The Clerks Record is a document that is submitted by a county clerk in Texas to the state's Office of Court Administration (OCT) to request additional time to file the Clerks Record. The Clerks Record is a document that contains a summary of a court's proceedings, including the judgment and the jury's verdict. The request for an extension of time to file the Clerks Record must be made in writing and must specify the reasons for the extension and the expected date of filing. The OCT may grant the extension if it determines that the extension is necessary and reasonable. There are two types of Texas Clerks Request For Extension of Time To File The Clerks Record: one for a single court and one for multiple courts. The single court request is used when the clerk is requesting an extension to file the Clerks Record for a single court. The multiple court request is used when the clerk is requesting an extension to file the Clerks Record for multiple courts.
Texas Clerks Request For Extension of Time To File The Clerks Record
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FAQ
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 unless the appeal is to either the First or Fourteenth Court
As a general rule, the deadline to file a notice of appeal is 30 days after the final judgment was signed. See Texas Rule of Appellate Procedure 26.1.
See Texas Rule of Appellate Procedure 38.6(b). If the appellant does not file a brief, the deadline to file an appellee's brief is generally 30 days after the date the appellant's brief was due (or 20 days in an accelerated appeal). See Texas Rule of Appellate Procedure 38.6(b).
If an appellant fails to timely file a brief, the appellate court may: (1) dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief; (2) decline to dismiss the appeal and give further
(c)Filing Date for Reply Brief. A reply brief, if any, must be filed within 20 days after the date the appellee's brief was filed. (d)Modifications of Filing Time. On motion complying with Rule 10.5(b), the appellate court may extend the time for filing a brief and may postpone submission of the case.
(3) An appellant must serve and file its reply brief, if any, within 20 days after the respondent files its brief.
The appellate court must allow the record to be filed late when the delay is not the appellant's fault, and may do so when the delay is the appellant's fault. The appellate court may enter any order necessary to ensure the timely filing of the appellate record.
26.3. 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).
(a) Time to Serve and File a Brief. (1) The appellant must serve and file a brief within 40 days after the record is filed. The appellee must serve and file a brief within 30 days after the appellant's brief is served.