Rule 51 — ENFORCEMENT OF JUDGMENTS AFTER MANDATE

Original appellate rule wording

51.1. Civil Cases

(a) Statement of Costs. The appellate clerk must prepare, and send to the trial court clerk with the mandate, a statement of costs showing:

No educational illustration is shown for this provision. Read the original court rule text above; historical notes, where present, are separately identified.

(1) the preparation costs for the appellate record, and any court of appeals filing fees, with a notation of those items that have been paid and those that are owing; and

(2) the party or parties against whom costs have been adjudged.

(b) Enforcement of Judgment. When the trial court clerk receives the mandate, the appellate court’s judgment must be enforced. Appellate court costs must be included with the trial court costs in any process to enforce the judgment. If all or part of the costs are collected, the trial court clerk must immediately remit to the appellate court clerk any amount due to that clerk. The trial court need not make any further order in the case, and the appellate court’s judgment may be enforced as in other cases, when the appellate judgment:

(1) affirms the trial court's judgment;

(2) modifies the trial court's judgment and, as so modified, affirms that judgment; or

(3) renders the judgment the trial court should have rendered.

51.2. Criminal Cases When the trial court clerk receives the mandate, the appellate court’s judgment must be enforced as follows:

(a) Clerk’s Duties. The trial court clerk must:

(1) send an acknowledgment to the appellate clerk of the mandate's receipt; and

(2) immediately file the mandate.

(b) Judgment of Affirmance; Defendant Not in Custody.

(1) Capias to Be Issued. If the judgment contains a sentence of confinement or imprisonment that has not been suspended, the trial court must promptly issue a capias for the defendant's arrest so that the court's sentence can be executed.

(2) Contents of Capias. The capias may issue to any county of this state and must be executed and returned as in felony cases, except that no bail may be taken. The capias must:

(A) recite the fact of conviction;

(B) set forth the offense and the court's judgment and sentence;

(C) state that the judgment was appealed from and affirmed, and that the mandate has been filed; and

(D) command the sheriff to arrest and take the defendant into his custody, and to place and keep the defendant in custody until delivered to the proper authorities as directed by the sentence.

(3) Sheriff's Duties. The sheriff must promptly execute the capias as directed. The sheriff must notify the trial court clerk and the appellate clerk when the mandate has been carried out and executed.

(c) Judgment of Reversal.

(1) When New Trial Ordered. When the appellate court reverses the trial court's judgment and grants the defendant a new trial, the procedure is governed by Code of Criminal Procedure article 44.29. If the defendant is in custody and entitled to bail, the defendant must be released upon giving bail.

(2) When Case Dismissed. When the appellate court reverses the trial court's judgment and orders the case to be dismissed, the defendant — if in custody — must be discharged.

(d) Judgment of Acquittal. When the appellate court reverses a judgment and orders the defendant's acquittal, the defendant — if in custody — must be discharged, and no further order or judgment of the trial court is necessary.