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6.1. Lead Counsel
(a) For Appellant. Unless another attorney is
designated, lead counsel for an appellant is
the attorney whose signature first appears on
the notice of appeal.
(b) For a Party Other Than Appellant. Unless
another attorney is designated, lead counsel
for a party other than an appellant is the
attorney whose signature first appears on the
first document filed in the appellate court on
that party's behalf.
(c) How to Designate. The original or a new lead
counsel may be designated by filing a notice
stating that attorney's name, mailing address,
telephone number, fax number, if any, email
address, and State Bar of Texas identification
number. If a new lead counsel is being
designated, both the new attorney and either
the party or the former lead counsel must sign
the notice.
6.2. Appearance of Other Attorneys
An attorney other than lead counsel may file a
notice stating that the attorney represents a specified
party to the proceeding and giving that attorney's
name, mailing address, telephone number, fax
number, if any, email address, and State Bar of Texas
identification number. The clerk will note on the
docket the attorney's appearance. When a brief or
motion is filed, the clerk will note on the docket the
name of each attorney, if not already noted, who
appears on the document.
6.3. To Whom Communications Sent
Any notice, copies of documents filed in an
appellate court, or other communications must be sent
to:
(a) each party’s lead counsel on appeal;
(b) a party’s lead counsel in the trial court if:
(1) that party was represented by counsel in
the trial court;
(2) lead counsel on appeal has not yet been
designated for that party; and
(3) lead counsel in the trial court has not
filed a nonrepresentation notice or been
allowed to withdraw;
(c) a party if the party is not represented by
counsel.
6.4. Nonrepresentation Notice
(a) In General. If, in accordance with paragraph
6.3(b), the lead counsel in the trial court is
being sent notices, copies of documents, or
other communications, that attorney may file
a nonrepresentation notice in the appellate
court. The notice must:
(1) state that the attorney is not representing
the party on appeal;
(2) state that the court and other counsel
should communicate directly with the
party in the future;
(3) give the party’s name and last known
address and telephone number; and
(4) be signed by the party.
(b) Appointed Counsel. In a criminal case, an
attorney appointed by the trial court to
represent an indigent party cannot file a
nonrepresentation notice.
(c) Withdrawal of Non-Lead Counsel. If an
attorney other than lead counsel will no
longer represent a party, but lead counsel will
continue to represent the party, the non-lead
counsel should file a nonrepresentation
notice. The notice should state that non-lead
counsel will no longer represent the client
and identify counsel who will continue to
represent the party.
6.5. Withdrawal of Lead Counsel
An appellate court may, on appropriate terms and
conditions, permit lead counsel to withdraw from
representing a party in the appellate court.
(a) Contents of Motion. A motion for leave to
withdraw must contain the following:
(1) a list of current deadlines and settings in
the case;
(2) the party’s name and last known address,
telephone number, and email address;
(3) a statement that a copy of the motion was
delivered to the party; and
(4) a statement that the party was notified in
writing of the right to object to the
motion.
(b) Delivery to Party. The motion must be
delivered to the party in person or mailed —
both by certified and by first-class mail — to
the party at the party’s last known address.
(c) If Motion Granted. If the court grants the
motion, the withdrawing lead counsel must
immediately notify the party, in writing, of
any deadlines or settings that the attorney
knows about at the time of withdrawal but
that were not previously disclosed to the
party. The withdrawing lead counsel must
file a copy of that notice with the court clerk.
(d) Exception for Substitution of Lead Counsel.
If an attorney substitutes for a withdrawing
lead counsel, the motion to withdraw need
not comply with (a) but must state only the
substitute attorney’s name, mailing address,
telephone number, email address, fax
number, if any, and State Bar of Texas
identification number. The withdrawing lead
counsel must comply with (b) but not (c).
6.6. Agreements of Parties or Counsel
To be enforceable, an agreement of parties or their
counsel concerning an appellate court proceeding
must be in writing and signed by the parties or their
counsel. Such an agreement is subject to any appellate
court order necessary to ensure that the case is
properly presented.