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Texas Rules of Appellate Procedure · February 6, 2026 edition

Rule 12 — Duties of Appellate Clerk

Read the original court rule and its historical notes. Illustrations, where shown, are educational explanations of the rule.

Original appellate rule text (selectable)

Show or hide full Rule 12 original text
12.1.  Docketing the Case
On receiving a copy of the notice of appeal, the
petition for review, the petition for discretionary
review, the petition in an original proceeding, or a
certified question, the appellate clerk must:
(a) endorse on the document the date of receipt;
(b) collect any filing fee;
(c) docket the case;
(d) notify all parties of the receipt of the
document; and
(e) if the document filed is a petition for review
filed in the Supreme Court, notify the court
of appeals clerk of the filing of the petition.
12.2.  Docket Numbers
The clerk must put the case's docket number on
each item received in connection with the case and
must put the docket number on the envelope in which
the record is stored.
(a) Numbering System. Each case filed in a court
of appeals must be assigned a docket number
consisting of the following four parts,
separated by hyphens:
(1) the number of the court of appeals
district;
(2) the last two digits of the year in which
the case is filed;
(3) the number assigned to the case; and
(4) the designation “CV” for a civil case or
“CR” for a criminal case.
(b) Numbering Order. Each case must be
docketed in the order of its filing.
(c) Multiple Notices of Appeal.  All notices of
appeal filed in the same case must be given
the same docket number.
(d) Appeals Not Yet Filed. A motion relating to
an appeal that has been perfected but not yet
filed must be docketed and assigned a docket
number that will also be assigned to the
appeal when it is filed.
12.3.  Custody of Papers
The clerk must safeguard the record and every
other item filed in a case. If the record or any part of it
or any other item is missing, the court will make an
order for the replacement of the record or item that is
just under the circumstances.
12.4.  Withdrawing Papers
The clerk may permit the record or other filed
item to be taken from the clerk’s office at any time, on
the following conditions:
(a) the clerk must have a receipt for the record or
item;
(b) the clerk  should  make  reasonable conditions
to ensure that the withdrawn record or item is
preserved and returned;
(c) the clerk may demand the return of the record
or item at any time;
(d) after the case is submitted to the court and
before the court’s decision, the record cannot
be withdrawn;
(e) after the court’s decision, the losing party
must be given priority in withdrawing the
record;
(f) the clerk may not allow original documents
filed under Rule 34.5(f) or original exhibits
filed under Rule 34.6(g) to be taken from the
clerk’s office;
(g) if the court allows an original document or
exhibit to be taken by a party and it is not
returned, the court may accept the opposing
party’s statement concerning the document’s
or exhibit’s nature and contents;
(h) withdrawn material must not be removed
from the court’s jurisdiction; and
(i) the court may, on the motion of any party or
its own initiative, modify any of these
conditions.
12.5.  Clerk's Duty to Account
The clerk of an appellate court who receives
money due another court must promptly pay the
money to the court to whom it is due. This rule is
enforceable by the Supreme Court.
12.6.  Notices of Court’s Judgments and Orders
In any proceeding, the clerk of an appellate court
must promptly send a notice of any judgment,
mandate, or other court order to all parties to the
proceeding.

Historical Notes and Comments — not operative rule text

Show or hide court historical comments for Rule 12
Comment to 1997 change: This is former Rule 18.
Former subdivision (b), regarding the preparation of
the record, is moved to the order concerning the
preparation of the appellate record. Former Rule 14,
which is revised and simplified, is relocated here as
subdivision 12.5.  Subdivision 12.6, requiring the clerk
to send a notice of any order or judgment of an
appellate court, is added. Other changes are made.
Comment to 2002 change: Subdivision 12.6 is
amended to require the clerk to notify the parties of all
of the court's rulings, including the mandate.