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9.1. Signing
(a) Represented Parties. If a party is represented
by counsel, a document filed on that party's
behalf must be signed by at least one of the
party's attorneys. For each attorney whose
name appears on a document as representing
that party, the document must contain that
attorney's State Bar of Texas identification
number, mailing address, telephone number,
fax number, if any, and email address.
(b) Unrepresented
Parties.
A
party
not
represented by counsel must sign any
document that the party files and give the
party’s mailing address, telephone number,
fax number, if any, and email address.
(c) Electronic Signatures. A document that
is electronically served, filed, or issued by a
court or clerk is considered signed if the
document includes:
(1) a “/s/” and name typed in the space
where the signature would otherwise
appear, unless the document is notarized
or sworn; or
(2) an electronic image or scanned image of
the signature.
9.2. Filing
(a) With Whom. A document is filed in an
appellate court by delivering it to:
(1) the clerk of the court in which the
document is to be filed; or
(2) a justice or judge of that court who is
willing to accept delivery. A justice or
judge who accepts delivery must note on
the document the date and time of
delivery, which will be considered the
time of filing, and must promptly send it
to the clerk.
(b) Filing by Mail.
(1) Timely Filing. A document received
within ten days after the filing deadline
is considered timely filed if:
(A) it was sent to the proper clerk by
United States Postal Service or a
commercial delivery service;
(B) it was placed in an envelope or
wrapper properly addressed and
stamped; and
(C) it was deposited in the mail or
delivered to a commercial delivery
service on or before the last day for
filing.
(2) Proof of Mailing. Though it may
consider other proof, the appellate court
will accept the following as conclusive
proof of the date of mailing:
(A) a legible postmark affixed by the
United States Postal Service;
(B) a receipt for registered or certified
mail if the receipt is endorsed by the
United States Postal Service;
(C) a certificate of mailing by the United
States Postal Service; or
(D) a
receipt
endorsed
by
the
commercial delivery service.
(c) Electronic Filing.
(1) Requirement. Attorneys in civil cases
must electronically file documents.
Attorneys in criminal cases must
electronically file documents except for
good cause shown in a motion filed in
the
appellate
court.
Unrepresented
parties in civil and criminal cases may
electronically file documents, but it is
not required.
(2) Mechanism. Electronic filing must be
done through the electronic filing
manager established by the Office of
Court Administration and an electronic
filing service provider certified by the
Office of Court Administration.
(3) Exceptions. Documents filed under seal,
subject to a pending motion to seal, or to
which access is otherwise restricted by
law or court order must not be
electronically filed. For good cause, an
appellate court may permit a party to file
other documents in paper form in a
particular case.
(4) Timely Filing. Unless a document must
be filed by a certain time of day, a
document is considered timely filed if it
is electronically filed at any time before
midnight (in the court’s time zone) on
the filing deadline. An electronically
filed document is deemed filed when
transmitted
to
the
filing
party’s
electronic
filing
service
provider,
except:
(A) if a document is transmitted on a
Saturday, Sunday, or legal holiday,
it is deemed filed on the next day
that is not a Saturday, Sunday, or
legal holiday; and
(B) if a document requires a motion and
an order allowing its filing, the
document is deemed filed on the
date the motion is granted.
(5) Technical Failure. If a document is
untimely due to a technical failure or a
system outage, the filing party may seek
appropriate relief from the court.
(6) Confirmation of Filing. The electronic
filing manager will send a filing
confirmation notice to the filing party.
(7) Electronic Orders, Notices, and Other
Documents From the Court.
(A) In Civil Cases.
(i) Except as provided in (ii), the
clerk must send orders, notices,
and other documents to the
parties electronically through
an electronic filing system
approved by the Supreme
Court. A court seal may be
electronic.
(ii) The clerk need not send orders,
notices, or other documents
electronically:
(a) when sealed or when
access
is
otherwise
restricted by law or court
order; or
(b) when an unrepresented
party has not provided an
e-mail address.
(B) In Criminal Cases.
(i) The clerk may electronically
send
notices
and
other
documents to the parties. A
court seal may be electronic.
(ii) Except as provided in (iii), the
clerk must send orders to the
parties electronically through
an electronic filing system
approved by the Supreme
Court. A court seal may be
electronic.
(iii) The clerk need not send orders
electronically:
(a) when sealed or when
access
is
otherwise
restricted by law or court
order; or
(b) when an unrepresented
party has not provided an
e-mail address.
9.3. Number of Copies
(a) Document Filed in Paper Form. If a
document is not electronically filed, a party
must file the original and one unbound copy
of the document unless otherwise required by
local rule, except that, in the Court of
Criminal Appeals, only the original must be
filed of a motion for extension of time, a
response to the motion, or a pleading under
Code of Criminal Procedure article 11.07.
The unbound copy of an appendix must
contain a separate page before each
document and must not include tabs that
extend beyond the edge of the page.
(b) Electronically Filed Document. A party need
not file a paper copy of an electronically filed
document.
(c) Exception for Record. Only the original
record need be filed in any proceeding.
9.4. Form
Except for the record, a document filed with an
appellate court, including a paper copy of an
electronically filed document, must — unless the court
accepts another form in the interest of justice — be in
the following form:
(a) Printing. A document may be produced by
standard typographic printing or by any
duplicating process that produces a distinct
black image. Printing must be on one side of
the paper.
(b) Paper Type and Size. The paper on which
a document is produced must be 8 1/2 by 11
inches, white or nearly white, and opaque.
(c) Margins. Documents must have at least one-
inch margins on both sides and at the top and
bottom.
(d) Spacing. Text must be double-spaced, but
footnotes, block quotations, short lists, and
issues or points of error may be single-
spaced.
(e) Typeface. A document produced on a
computer must be printed in a conventional
typeface no smaller than 14-point except for
footnotes, which must be no smaller than 12-
point. A typewritten document must be
printed in standard 10-character-per-inch
(cpi) monospaced typeface.
(f) Binding and Covering. A paper document
must be bound so as to ensure that it will not
lose its cover or fall apart in regular use. A
paper document should be stapled once in the
top left-hand corner or be bound so that it will
lie flat when open. A paper petition or brief
should have durable front and back covers
which must not be plastic or be red, black, or
dark blue.
(g) Contents of Cover. A document's front cover,
if any, must contain the case style, the case
number, the title of the document being filed,
the name of the party filing the document,
and the name, mailing address, telephone
number, fax number, if any, email address,
and State Bar of Texas identification number
of the lead counsel for the filing party. If a
party requests oral argument in the court of
appeals, the request must appear on the front
cover of that party’s first brief.
(h) Appendix and Original Proceeding Record.
A paper appendix may be bound either with
the document to which it is related or
separately. If separately bound, the appendix
must comply with paragraph (f). A paper
record in an original proceeding or a paper
appendix must be tabbed and indexed. An
electronically filed record in an original
proceeding
or
an
electronically
filed
appendix that includes more than one item
must contain bookmarks to assist in locating
each item.
(i) Length.
(1) Contents Included and Excluded. In
calculating the length of a document,
every word and every part of the
document,
including
headings,
footnotes, and quotations, must be
counted except the following: caption,
identity of parties and counsel, statement
regarding oral argument, table of
contents, index of authorities, statement
of the case, statement of issues
presented, statement of jurisdiction,
statement
of
procedural
history,
signature, proof of service, certification,
certificate of compliance, and appendix.
(2) Maximum Length. The documents listed
below must not exceed the following
limits:
(A) A brief and response in a direct
appeal to the Court of Criminal
Appeals in a case in which the death
penalty has been assessed, and
subsequent application for a writ of
habeas corpus filed pursuant to
Article 11.071, Code of Criminal
Procedure:
37,500
words
if
computer-generated, and 125 pages
if not.
(B) A brief and response in an appellate
court (other than a brief under
subparagraph (A)) and a petition
and
response
in
an
original
proceeding in the court of appeals:
15,000
words
if
computer-
generated, and 50 pages if not. In a
civil case in the court of appeals, the
aggregate of all briefs filed by a
party must not exceed 27,000 words
if computer-generated, and 90 pages
if not.
(C) A reply brief in an appellate court
and a reply to a response to a
petition in an original proceeding in
the court of appeals: 7,500 words if
computer-generated, and 25 pages if
not.
(D) A petition and response in an
original proceeding in the Supreme
Court and a petition for review and
response in the Supreme Court:
6,500 words if computer-generated,
and 20 pages if not, inclusive of the
introduction.
(E) A petition and response in an
original proceeding in the Court of
Criminal
Appeals,
except
for
petitions and responses in an
original proceeding in a case in
which the death penalty has been
assessed, a petition for discretionary
review in the Court of Criminal
Appeals, and a motion for rehearing
and response in an appellate court:
4,500 words if computer-generated,
and 15 pages if not.
(F) A reply to a response to a petition in
an original proceeding in the
Supreme Court and a reply to a
response to a petition for review in
the Supreme Court: 3,250 words if
computer-generated, and 10 pages if
not.
(G) A motion and response to a motion
in the Supreme Court, other than a
motion for rehearing and response
to a motion for rehearing: 2,500
words if computer-generated, and
10 pages if not.
(H) A reply to a response to a petition in
an original proceeding in the Court
of Criminal Appeals, except a reply
to a response in an original
proceeding in a case in which the
death penalty has been assessed, and
a reply to a petition for discretionary
review in the Court of Criminal
Appeals: 2,400 words if computer-
generated, and 8 pages if not.
(I) A petition and response in an
original proceeding in the Court of
Criminal Appeals in a case in which
the death penalty has been assessed:
9,000 words if computer-generated,
and 30 pages if not.
(J) A reply to a response to a petition in
an original proceeding in the Court
of Criminal Appeals in a case in
which the death penalty has been
assessed: 4,800 words if computer-
generated, and 16 pages if not.
(3) Certificate of Compliance. A computer-
generated document that is subject to a
word limit under this rule must include a
certificate
by
counsel
or
an
unrepresented party stating the number
of words in the document. The person
certifying may rely on the word count of
the computer program used to prepare
the document.
(4) Extensions. A court may, on motion,
permit a document that exceeds the
prescribed limit.
(j) Electronically Filed Documents. An
electronically filed document must:
(1) be in text-searchable portable document
format (PDF);
(2) be directly converted to PDF rather
than scanned, if possible;
(3) not be locked;
(4) be combined with any appendix into one
computer file, unless that file would
exceed the size limit prescribed by the
electronic filing manager;
(5) in civil cases, be bookmarked to assist in
locating each item; and
(6) otherwise comply with the Technology
Standards set by the Judicial Committee
on
Information
Technology
and
approved by the Supreme Court.
(k) Nonconforming Documents. If a document
fails to conform with these rules, the court
may strike the document or identify the error
and permit the party to resubmit the
document in a conforming format by a
specified deadline.
9.5. Service
(a) Service of All Documents Required. At or
before the time of a document's filing, the
filing party must serve a copy on all parties to
the
proceeding.
Service
on
a
party
represented by counsel must be made on that
party’s lead counsel. Except in original
proceedings, a party need not serve a copy of
the record.
(b) Manner of Service.
(1) Documents Filed Electronically. A
document filed electronically under Rule
9.2 must be served electronically
through the electronic filing manager if
the email address of the party or attorney
to be served is on file with the electronic
filing manager. If the email address of
the party or attorney to be served is not
on file with the electronic filing
manager, the document may be served
on
that party or
attorney
under
subparagraph (2).
(2) Documents Not Filed Electronically. A
document that is not filed electronically
may be served in person, by mail, by
commercial delivery service, by fax, or
by email. Personal service includes
delivery to any responsible person at the
office of the lead counsel for the party
served.
(c) When Complete.
(1) Service by mail is complete on mailing.
(2) Service by commercial delivery service
is complete when the document is placed
in the control of the delivery service.
(3) Service by fax is complete on receipt.
(4) Electronic service is complete on
transmission of the document to the
serving party's electronic filing service
provider. The electronic filing manager
will send confirmation of service to the
serving party.
(d) Proof of Service. A document presented for
filing must contain a proof of service in the
form of either an acknowledgment of service
by the person served or a certificate of
service. Proof of service may appear on or be
affixed to the filed document. The clerk may
permit a document to be filed without proof
of service, but will require the proof to be
filed promptly.
(e) Certificate Requirements. For a document
filed electronically in a civil case, an
automated certificate of service generated by
the filing party’s electronic filing service
provider suffices. For a document not filed
electronically in a civil case or for any
document filed in a criminal case, a
certificate of service must be signed by the
person who made the service and must state:
(1) the date and manner of service;
(2) the name and address of each person
served; and
(3) if the person served is a party's attorney,
the name of the party represented by that
attorney.
9.6. Communications With the Court
Parties and counsel may communicate with the
appellate court about a case only through the clerk.
9.7. Adoption by Reference
Any party may join in or adopt by reference all or
any part of a brief, petition, response, motion, or other
document filed in an appellate court by another party
in the same case.
9.8. Protection of Minor's Identity in Parental-
Rights Termination Cases and Juvenile Court
Cases
(a) Alias Defined. For purposes of this rule, an
alias means one or more of a person's initials
or a fictitious name, used to refer to the
person.
(b) Parental-Rights Termination Cases. In an
appeal or an original proceeding in an
appellate court, arising out of a case in which
the termination of parental rights was at
issue:
(1) except for a docketing statement, in all
papers submitted to the court, including
all appendix items submitted with a
brief, petition, or motion:
(A) a minor must be identified only by
an alias unless the court orders
otherwise;
(B) the court may order that a minor's
parent or other family member be
identified only by an alias if
necessary to protect a minor's
identity; and
(C) all documents must be redacted
accordingly;
(2) the court must, in its opinion, use an alias
to refer to a minor, and if necessary to
protect the minor's identity, to the
minor's parent or other family member.
(c) Juvenile Court Cases. In an appeal or an
original proceeding in an appellate court,
arising out of a case under Title 3 of the
Family Code:
(1) except for a docketing statement, in all
papers submitted to the court, including
all appendix items submitted with a
brief, petition, or motion:
(A) a minor must be identified only by
an alias;
(B) a minor's parent or other family
member must be identified only by
an alias; and
(C) all documents must be redacted
accordingly;
(2) the court must, in its opinion, use an alias
to refer to a minor and to the minor's
parent or other family member.
(d) No Alteration of Appellate Record. Nothing
in this rule permits alteration of the original
appellate record except as specifically
authorized by court order.
9.9 Privacy Protection for Documents Filed in
Civil Cases.
(a) Sensitive Data Defined. Sensitive data
consists of:
(1) a driver's license number, passport
number, social security number, tax
identification
number
or
similar
government-issued
personal
identification number;
(2) a bank account number, credit card
number, or other financial account
number; and
(3) a birth date, home address, and the name
of any person who was a minor when the
underlying suit was filed.
(b) Filing of Documents Containing Sensitive
Data Prohibited. Unless the inclusion of
sensitive data is specifically required by a
statute,
court
rule,
or
administrative
regulation, an electronic or paper document
containing sensitive data may not be filed
with a court unless the sensitive data is
redacted, except for the record in an appeal
under Section Two.
(c) Redaction of Sensitive Data; Retention
Requirement. Sensitive data must be redacted
by using the letter “X” in place of each
omitted digit or character or by removing the
sensitive data in a manner indicating that the
data has been redacted. The filing party must
retain an unredacted version of the filed
document during the pendency of the appeal
and any related proceedings filed within six
months of the date the judgment is signed.
(d) Notice to Clerk. If a document must contain
sensitive data, the filing party must notify the
clerk by:
(1) designating the document as
containing sensitive data when the
document is electronically filed; or
(2) if the document is not electronically
filed, by including, on the upper left-
hand side of the first page, the phrase:
“NOTICE:
THIS
DOCUMENT
CONTAINS SENSITIVE DATA.”
(e) Restriction on Remote Access. Documents
that contain unredacted sensitive data in
violation of this rule must not be posted on
the Internet.
9.10 Privacy Protection for Documents Filed in
Criminal Cases.
(a) Sensitive Data Defined. Sensitive data
consists of:
(1) a driver's license number, passport
number, social security number, tax
identification
number
or
similar
government-issued
personal
identification number;
(2) bank account number, credit card
number, and other financial account
number;
(3) a birth date, a home address, and the
name of any person who was a minor at
the time the offense was committed.
(b) Redacted Filings. Unless a court orders
otherwise, an electronic or paper filing with
the court, including the contents of any
appendices, must not contain sensitive data.
(c) Exemptions from the Redaction Requirement.
The redaction requirement does not apply to
the following:
(1) A court filing that is related to a criminal
matter or investigation and that is
prepared before the filing of a criminal
charge or is not filed as part of any
docketed criminal case;
(2) An arrest or search warrant;
(3) A charging document and an affidavit
filed in support of any charging
document;
(4) A defendant’s date of birth;
(5) A defendant’s address; and
(6) Any
government
issued
number
intended to identify the defendant
associated with a criminal filing, except
for the defendant’s social security
number or driver’s license number.
(d) Redaction procedures. Sensitive data must be
redacted by using the letter “X” in place of
each omitted digit or character or by
removing the sensitive data in a manner
indicating that the data has been redacted.
The filer must retain an unredacted version of
the filed document during the pendency of
the appeal and any related proceedings filed
within three years of the date the judgment is
signed. If a district court clerk or appellate
court clerk discovers unredacted sensitive
data in the record, the clerk shall notify the
parties and seek a ruling from the court.
(e) Certification. The filing of a document
constitutes a certification by the filer that the
document complies with paragraphs (a) and
(b) of this rule.
(f) Reference List. If a filer believes any
information described in paragraph (a) of this
rule is essential to a document or that the
document would be confusing without the
information, the filer may submit the
information to the court in a reference list that
is in paper form and under seal. The reference
list must specify an appropriate identifier that
corresponds uniquely to each item listed. Any
reference in the document to a listed
identifier will be construed to refer to the
corresponding item of information. If the filer
provides a reference list pursuant to this rule,
the front page of the document containing the
redacted information must indicate that the
reference list has been, or will be, provided.
On its own initiative, the court may order a
sealed reference list in any case.
(g) Sealed materials. Materials that are required
by statute to be sealed, redacted, or kept
confidential, such as the items set out in
Articles 35.29 (Personal Information About
Jurors), 38.45 (Evidence Depicting or
Describing Abuse of or Sexual Conduct by
Child or Minor), and 42.12, § 9(j), must be
treated in accordance with the pertinent
statutes and shall not be publicly available on
the internet. A court may also order that a
document be filed under seal in paper form or
electronic form, without redaction. The court
may later unseal the document or order the
filer to provide a redacted version of the
document for the public record. If a court
orders material sealed, whether it be sensitive
data or other materials, the court's sealing
order must be affixed to the outside of the
sealed container if the sealed material is filed
in paper form, or be the first document that
appears if filed in electronic form. Sealed
portions of the clerk's and reporter's records
should be clearly marked and separated from
unsealed portions and tendered as separate
records, whether in paper form or electronic
form. Sealed material shall not be available
either on the internet or in other form without
court order.
(h) Waiver of Protection of Identifiers. A person
waives the protection of this rule as to a
person’s own information by filing it without
redaction and not under seal.