Piece of the Puzzle, Part of Appeal means to call upon a higher - - PDF document

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AppealsAll (JP County District) (Veramendi D) 2019 County and District Clerks Association of Texas Wednesday, January 30, 2019 Winter Education 1:30 3 p.m. Conference January 28-31, 2019 Embassy Suites by Hon. Kari French

SLIDE 1

2019 County and District Clerks’ Association of Texas Winter Education Conference

January 28-31, 2019 Embassy Suites by Hilton Hotel Conference Center & Spa, San Marcos

Piece of the Puzzle, Part of the Whole

Appeals—All (JP‐ County‐District) (Veramendi D)

Wednesday, January 30, 2019 1:30‐3 p.m.

Hon. Kari French

Walker County Clerk

Hon. Eric Garza

Cameron County Clerk

Appeal means to call upon a higher court to review a lower court’s decision. Most of the time, county clerks will receive an appeal from the JP level. We also prepare the Clerks Record for cases that are appealed to a higher court. This session is a general

verview of the process for appeals.

SLIDE 2

Hon. Kari French was elected as Walker County’s

first female county clerk in 2010. She was born and raised in Walker County. Prior to serving as county clerk, she was a local business owner as a Marketing Unit Director for Merchant Services with over 26 years experience in management, administration,

rganization, public relations and leadership. She is

a graduate of Huntsville High School and holds a bachelorʹs degree from Sam Houston State University in agriculture business management. French believes being active in the community is

important. She participates and serves on various

boards and committees throughout Walker County. Kari is 43 years old and has been married to her husband John for 21 years. They have two sons, Jacob 20 and Jeffrey 18.

Hon. Eric Garza is the district clerk in Cameron
County. He entered office in 2015.

SLIDE 3

2/8/2019 1

Appeal Overview and Process for County Clerks

Prepared for the County and District Clerks Association of Texas Winter Conference 2019 – San Marcos, Texas Walker County Clerk – Kari A French

What is an Appeal?

The Legal dictionary defines an appeal as: “ A written request to a higher Court to modify or reverse the Judgment of a Trial Court of intermediate level Appellate Court.”

SLIDE 4

2/8/2019 2 There are 14 Intermediate Courts of Appeal in Texas The Judge, The Parties and Their Attorneys all have roles in the process of an Appeal. The Primary responsibility falls upon the .

Clerk Civil / Probate Cases

◈ Disputes between private parties ◈ Jurisdictions

Courts Overview

SLIDE 5

2/8/2019 3

Criminal Misdemeanor Cases

◈ Criminal action ◈ JP / Municipal / CCL / COA

Courts Overview Appeals from Lower Courts - Justice of the Peace

Jurisdiction

◈ Case Origination

Notice of Appeal

◈ Process of Perfecting ◈ Notice must include . . .

SLIDE 6

2/8/2019 4

Appeals from Lower Courts - Justice of the Peace

Types of Cases

◈ Small Claims ◈ Evictions ◈ TDCJ Offenders ◈ License Revocation

Pauper’s Affidavits

◈ With or Without

Appeals from Lower Courts - Municipal

Process

◈

Appeal from Municipal / JP

◈

Type of Appeal

Offender Filings

◈

Usually includes an Affidavit of Indigence

Clerk Procedure

◈

Process as any other Case

SLIDE 7

2/8/2019 5

Appeals to Higher Courts

◈ Jurisdiction ◈ Right of Appeal ◈ Notice of Appeal ◈ Effect of Appeal ◈ Accelerated Appeals ◈ Perfecting Appeal

Appeals to Higher Courts

◈ Records and Briefs ◈ Extension of Time ◈ Motion for New Trial ◈ Request for Findings of Fact ◈ Appellate Record

SLIDE 8

2/8/2019 6

Clerk’s Record

At any time before the clerk's record is prepared, any party may file with the clerk a written designation specifying matters for inclusion in the clerk's record.

Clerk’s Responsibility

◈ Responsible for . . . ◈ Appellate Record must include . . .

Civil
Criminal

◈ Courts Docket Sheet ◈ Courts Charge, findings ◈ Notice of Appeal ◈ Pretty Much EVERYTHING

Unless other wise noted 

SLIDE 9

2/8/2019 7

Important Timelines

◈ Importance ◈ Extension of Time

Civil Case

◈

Appeal from Municipal / JP

◈

Type of Appeal

Criminal

◈

Usually includes an Affidavit of Indigence

SLIDE 10

2/8/2019 8

SLIDE 11

2/8/2019 9

SLIDE 12

2/8/2019 10

SLIDE 13

2/8/2019 11

Attachments

Court Structure of Texas
Typical Misdemeanor Case flow
Appellate timetable for Clerks
Appellate timetable for Attorneys
Appendix E Court of Criminal

Appeal Texas Tames User Guide

Ex. Notice of Appeal Criminal
Ex. Notice of Appeal Civil
Ex. Notice of Appeal Probate
Ex. Information Sheet
Ex. Bill of Costs
Ex. Clerks Record
Ex. Letter stating Fee.

Statue Reference

Civil Practice and Remedies Code

Chapter 51

Code of Criminal Procedure

Chapter 44

Texas Rules of Appellate Procedure
Texas Government Code

30.00014

Government Code

Chapter 22 AG Op. JM-318 (1985) HB 274 (82nd Legislature)

References & Links

County Clerk Reference Guide & County Clerk Manual (2013 Edition)
Texas State Statutes - https://statutes.capitol.texas.gov
Texas Rules of Civil Procedure TRCP

Questions?

SLIDE 14

State lnll!nnediate Appell all! Courts State Trial Courts of General and Special Jurisdiction Office of Court Administration Administrative Judicial Regions

Court Structure of Texas

March 1, 2017

Court of Criminal Appeals

(1 Court- 9 Justices)

Final appellate jurisdiction in criminal cases

Civil Appeals

Courts of Appeals

(14 Courts- 80 Justices)

Regional jurisdiction
Intermediate appeals from trial courts in their respective

courts of appeals districts

District Courts

(467 Courts- 467 Judges)

Original jurisdiction in civil actions over $200*, divorce, title to

land, con tested elections

Original jurisdiction in felony criminal matters

Crimina/Appeals

Juvenile matters
13 district courts are designated criminal district courts; some
thers are directed to give preference to certain specialized

areas

Appeals of Death Sentences

369 districts containing one county and 98 districts containing

more than one county Constitutional County Courts (254) (1 in each county)

Original jurisdiction in civil actions

between $200 and $10,000

Probate and guardianship

(contested matters may be transferred to District Court)

Exclusive original jurisdiction over

misdemeanors with fines greater than $500 or jail sentence

Juvenile matters
Appeals de novo from lower courts
r on the record from municipal

courts of record

Justice Courts 1

(803 Courts- 803 Judges2)

County-Level Courts

(515 Courts- 515 Judges)

Statutory County Courts (243) (in 88 counties plus 1 multi-county court)

All civil, criminal, original and

appellate actions prescribed by law for constitutional county courts Statutory Probate Courts (18) (in 10 counties)

Limited primarily to prob

and guardianship matters

In addition, jurisdiction over civil

matters between $200 and

$200,000 (some courts may have

higher maximum jurisdiction amount)

Municipal Courts1

937 Courts- 1,324 Judges2)

Civil actions of not more than $10,000
Criminal misdemeanors punishable by fine
nly (no confinement)
Small claims
Criminal misdemeanors punishable by fine
nly (no confinement)
Magistrate functions
Exclusive original jurisdiction over

municipal ordinance criminal cases 3

Limited civil jurisdiction
Magistrate functions
1. Ali just1ce court~

and most municipal courl<, are not courts of record. Appeals from these courts are by trial de novo in the cwnty-level courts, and in some.instances in the district courts.

2. Sorne munidpal courts are courts of record -appeals from the court-. are taken on the record to the county-level courts. As of February 2017, 169 courts indicated

that they were a court of record; a list is posted at http-1/w!MN txco!lrb goy/0hQ!Jt-texas-court' aspx.

3. An offense that arises under a munidpal ordinance is punishable by a fine not to exceed· {1) $2.,000 for ordinances that govern fire safety, zoning, and public health
r (2) $500 for all others.

SLIDE 15

Appointment of Counsel CCP 26.04 1 Duties of Magistrate Appointing authority must appoint counsel or deny request in accordance with f Arrest or Detention

CCP 15.17 county's financial standard as listed in the Indigent Defense Plan i

"Magistrate" defendant within 48 hrs. of arrest
Setting of Bard

Indigent Determination CCP 1.051

Advise defendant of rights, including right to

Persons jn Custody_ Upon receipt of request, appointing authority must request appointed counsel

.__---1_.._.

determine indigence & appoint counsel or deny reque~1: within: *Advise defendant of procedures on requesting I *1 working day- Persons in Custody (Counties 250,000 +) counsel and record whether counsel was I *3 working days- Persons in Custody (Counties less than 250,000) requested Persons out of Custody- Counsel must be appointed at first appeara nee or

Transfer request to appointing authority within

when the adversarial judidal proceedings are initiated, whichever is f1rst.

hrs

.:.__

f r~uest

~ing

made. -·-----

persons Arrested on Out-of-County War@nts- Arresting county must transfer *Early ID of defendant w ith mental illness within 12 hours after custody. CCP 16.22

'~. .$

,>:;

Arraignment

CCP 26.01 Pre Trial Motions CCP 28.01 request to warra at-issuing county within 24 hrs. of request being made. Plea by Defendant CCP 27.14 * identify established ard charges read

Advised of rights

* To suppress evidence

court is on DCM, assign track

for discovery deadlines and trial Pre Trial Conference

CCP 28.01

(Where Used) *Simplify Issues

1------ *Right to counsel and procedures for

requesting counsel

Review Bail

*Motion to Suppress Evidence *Motion for Venue

~

r, assign scheduling order.

~

;:t~s

expert needs and

Change of Venue

*Motion for Continuance

.:..._---1111>

.. *Review OCM compliance

* Exchange witness lists

*Investigate plea possibility

finn Trial date Trial

CCP Chapter 33 - 38, 45

Jury Selected & Sworn
Opening Statements
State's Case
Motion for Directed Verdict

*Review Mental Condition of Defendant CCP 28.01 *Motion for Interpreter

Defendant's Case

, *Entry of Plea CCP 26.13 Discovery CCP Art 39.14 Including State's disclosure of exculpatory, impeachment or mitigating evidence that tends to negate guilt or reduce

State's Rebuttal

Motions for Directed Verdict !
ClosingArguments

*Instructions to Jury *Jury Deliberations

* Verdict or Findings

___ ____

,__;.p_u_n_is-hm_e_nt_

. __

;---__.'----------------------------·-----------------------

'·"''"""....,_-"1- ·-----------------------------------------

Presentence Investigation CCP 42A.252 Victim Impact Statement CCP 56.03{e)

L--------PSI or Victim's Statement NOT Ordered

Judgment and Sentence CCP Chapter 42 Motion for I t NewTrial

CCP Chapter 40

.:.. f -----l

tJ-.,i

Filed no later than 30 ~ . days after sentence. ! ; • Deemed denied if not } 1 ruled by court within ; 75 days. Appeal CCP Chapter 44 , Collateral Attack on

..__.

Sentence

1

CCP Chapter 11

I

--------·---1

SLIDE 16

Notice of Appeal (NOA) Affidavit of Indigence * Contest to Affidavit Clerk's Record

SEVENTH COURT OF APPEALS APPELLATE TIMETABLE FOR CLERKS

FINAL JUDGMENT FINAL JUDGMENT ACCELERATED APPEAL· CIVIL CRIMINAL CRIMINAL RESTRICTED APPEAL CIVIL I CRIMINAL CIVIL I CRIMINAL APPEAL HABEAS CIVIL ONLY ACCELERATED TERMINATIONS & FILED BY CORPUS Note: Note: MANAGING CONSERVATORSHIPS STATE Note: If one of the following If one of the following Note: Filing a Motion IS NOT filed ... IS filed .. . Filing a Motion Note:

r Request of any kind
r Request of any kind

Filing a Motion WILL NOT Motion for New Trial; Motion for New Trial; WILL NOT

r Request of any kind

extend time for the record Motion to Modify; Motion to Modify; extend time for the record WILL NOT Motion to Reinstate; or Motion to Reinstate; or extend time for the record Request for Findings of Fact Request for Findings of Fact PERMISSIVE APPEAL -CIVIL and Conclusions of Law and Conclusions of Law NO NOA REQUIRED Date Judgment Signed or Date Judgment Signed Qf Date Judgment or Order Signed + Date Order Date Order Date Sentence Imposed + Date Sentence Imposed + Signed + Signed + Date Judgment Signed + 30 days 90 days 20 days

20 days 30 days 6 Months 10 days from date Affidavit filed OR 3 days from date NOA filed 1 0 days from date NOA filed ?R Date Order Signed by COA Date NOA 60 days 120 days Accepting Appeal + 10 days 60 days filed +15 days Date NOA filed + 30 days 1.) Parties must pay or make arrangements to pay for the clerk's record unless indigent. If an Affidavit of Indigence is filed, make sure you notify the Reporters pursuant to TRAP 20.1 (d)(1) and TRAP 20.1(e(2). Presumption of Indigence TRAP 20.1(a)(3). 2.) If a designation is not filed, the clerk is required to prepare a record according to TRAP 34.5(a). ** 3.) In criminal cases it is required pursuant to TRAP 34.5(g) that the trial court clerk retain a copy of the clerk's record for use of the parties with the court's permission. 4.) Pursuant to TRAP 25.2( d), if the defendant is the appellant, the trial court clerk's record MUST include the trial court's certification of the defendant's right of appeal. (CRIMINAL CASES ONLY) 5.) Save envelopes from any Post Judgment Motions, Motions for New Trial and Notices of Appeal TRAP 9.2(B)(2)(A), TRCP 5 6.) The Court requests an electronic copy of your clerk's record on a CD with a searchable PDF format if possible until you are able to electronically file them online through the portal for TAMES. 7.) We have an information form we request that you send in with the copy of the notice of appeal. If it is not sent in we will have to call you for the information. The information form is available on our web page. *** 8.) If you need additional time to prepare your record you will need to request an extenion of time. A form is available on our web page. *** ** http:llwww.supreme.courts.state.tx.uslrules

*** http://www.7thcoa.courts.state.tx.us/forms/forms.asp

SLIDE 17

SEVENTH COURT OF APPEALS' APPELLATE TIMETABLE FOR ATTORNEYS

BASIC APPEAL BASIC APPEAL ACCELERATED CRIMINAL CRIMINAL RESTRICTED APPEAL

FINAL JUDGMENT FINAL JUDGMENT APPEAL APPEAL APPEAL CIVIL ONLY CIVIL I CRIMINAL CIVIL I CRIMINAL CIVIL I CRIMINAL FILED BY HABEAS

· ~ ~

STATE CORPUS

When a Motion for New Trial; When a Motion for New Trial;

Motion to Modify; Motion to Modify; !NEW)

.

Motion to Reinstate; or Motion to Reinstate; or PERMISSIVE APPEAL

Request for Findings of Fact Request for Findings of Fact CIVIL ONLY

and Conclusions of Law

and Conclusions of Law NO NOA REQUIRED

FILINGS:

Has Not Been Filed Has Been Filed Judgment I Order Date Judgment Signed Q! Date Judgment Signed Q! Date Judgment Signed Q! Date Order Signed + Date Order Signed + Date Judgment Signed + Sentence Imposed Date Sentence Imposed + Date Sentence Imposed + Date Order Signed by TC + Post Judgment Motions

NIA

30 N/A N/A

NIA

N/A Request for Finctings of Fact and Conclusions of Law N/A 20 N/A N/A N/A N/A Notice of Appeal 30 90 20 15 30 6 Months Affidavit of Indigence 30 90 20

30 6 Months Designation of Clerk Record 30 90 20 15 30 6 Months Designation of Reporter Record 30 90 20 15

....

30 6 Months Petition for Permissive Appeal 15 Docketing Statement 30 90 20/15 15 30 6 Months Trial Court Clerk & Reporter Record 60 120 Date NOA filed + 10 days 60 NOA +15 NOA+ 30 Date Order Signed by COA Accepting Appeal+ 10 Appellant Brief Complete Record + 30 Complete Record+ 30 Complete Record + 20 Complete Record + 30 Complete Record + 30 Complete Record + 30 Appellee I State Brief Appellant+ 30 Appellant+ 30 Appellant + 20 Appellant+ 30 Appellant+ 30 Appellant + 30 Appellant Reply to Appellee I State Appellee I State+ 20 Appellee I State + 20 Appellee I State + 20 Appellee I State + 20 Appellee I State + 20 Appellee I State + 20 Motion for Rehearing Disposition + 15 Disposition + 15 Disposition + 15 Disposition + 15 Disposition + 15 Disposition + 15 Petition for Discretionary Review Court of Appeals Court of Appeals Court of Appeals Court of Appeals Court of Appeals (Criminal) Last Ruling + 30 Last Ruling + 30 Last Ruling + 30 Last Ruling + 30 Last Ruling + 30 N/A Petition for Review (Civil) Court of Appeals Court of Appeals Court of Appeals Court of Appeals Last Ruling + 45 Last Ruling+ 45 Last Ruling + 45 N/A

NIA

Last Ruling + 45 Guidelines for Filing an AQQeal:

1. File original notice of appeal with the Trial Court and a copy with the Court of Appeals (COA). Affidavits of Indigence are filed with the Trial Court, although, extensions must be filed with the COA.
2. File a Docketing Statement and the appropriate filing fee with the Court of Appeals.
3. File a written designation with the Trial Court Clerk and the Court Reporter and a copy of the Court Reporter's designation with the Trial Court Clerk.
4. You Must Pay or make arrangements to pay the Trial Court Clerk and the Court Reporter for records unless parties are indigent. Failure to pay could be grounds for dismissal in civil cases.

Gray- File in Trial Court This information is compiled and made available as a public service by the Court of Appeals. However. the Blue- File with Court Reporter and a copy With the Trial Court Court of Appeals makes no warranty as to the accuracy, reliability, or completeness of the information and Green -File in Court of Appeals Orange -File in Court of Criminal Appeals is not responsible for any errors or omissions or for results obtained from the use of the information. Distribution of the information does not constitute such a warranty. Use of the information is the sole Yellow- File in Supreme Court responsibility of the user. Refer to the Rules of Appellate Procedure for more detail on filings, due dates http :1/www. 7thcoa.courts.state .tx.us and extensions.

SLIDE 18

APPENDIXE IN THE COURT OF CRIMINAL APPEALS OF TEXAS ORDER DIRECTING THE FORM OF THE APPELLATE RECORD IN CRIMINAL CASES

ORDERED that: Pursuant to Texas Rule of Appellate Procedure 34.4, the Court of Criminal Appeals of Texas orders that the appellate record in criminal cases be in the form specified below. All references in this Order to a rule are to the Texas Rules of Appellate Procedure unless otherwise stated:

A. Clerk's Record
1. The trial court clerk must prepare and file the clerk's record in accordance with Rules 34.5 and
35. Even if more than one notice of appeal or request for inclusion of items is filed, the clerk should

prepare only one record in a case. To prepare the clerk's record, the trial court clerk must: (a) gather the documents required by Rule 34.5(a) and those requested by a party under Rule 34.5(b); (b) make a legible copy of the documents on opaque, white, 8Y:z X 11 inch paper, if practicable; (c) arrange the documents in ascending chronological order, by date of filing or occurrence; (d) consecutively number the pages in the bottom right-hand comer; (e) bind the documents together in one or more group under a heavy cover; (f) prepare, labeL and certify the clerk·s record as required by this Order. 2. The clerk"s record should be in the following form: (a) It is preferred that the clerk's record lie flat when opened. (b) If the clerk's record will lie flat when opened. two-sided copies may be included in the clerk's record; othenvise, only one-sided copies may be included. (c) Each individual document must start on a new page. (d) The first volume should be nwnbered ''!'' and each succeeding volume numbered sequentially. (e) Page numbering should start on the first page of the first volume of the clerk's record and continue to the final page of the clerk"s record without regard for the number of volumes in the clerk's record. (f) (g) (h) judge. It is preferred that the clerk's record be tabbed to show the beginning of each document. Each document must show the date of filing. As far as practicable, each order and judgment must show the date of signing by the (i) The front cover of the first volume of the clerk·s record must include the following information and be in substantially the following form :

SLIDE 19

CLERK'S RECORD VOLUME

Trial Court Cause No. In the __ (District or County) Court

County, Texas, Honorable , Judge Presiding

___

, Plaintiff(s) vs.

___

, Defendant(s) Appealed to the (Supreme Court of Texas at Austin, Texas,

r Court of

Criminal Appeals of Texas at Austin, Texas,

r Court of

Appeals for the_ District of Texas, at __ , Texas). Attorney for Appellant(s): Name _______ _ Address _______ _ Telephone no. _______ _ Fax no. _______ _ SBOT no. ______ _ Attorney for: _______ , Appellant(s) Delivered to the (Supreme Court of Texas at Austin, Texas,

r Court of

Criminal Appeals ofTexas at Austin, Texas,

r Court of

Appeals for the _ _ District of Texas, at __ , Texas)

n the __

day of _ ______ _ signature of clerk ___ _ name of clerk ---

title ----

Appellate Court Cause No. _ _ Filed in the (Supreme Court of Texas at Austin, Texas,

r Court of Criminal Appeals of Texas at Austin, Texas,
r Court of

Appeals for the __ District of Texas, at , Texas) this_ day of _ _ , __ _

____

, Clerk By , Deputy Page 2 of 4

SLIDE 20

The front cover of the second and subsequent volumes of the clerk's record must include the same information and be in substantially the same form except that second and subsequent volumes may, but need not, include statements of delivery and filing. (k) The clerk must prepare and include on the tirst pages of the clerk's record a detailed index indentiiying each document included in the clerk's record, the date of tiling. and the page where it first appears. The index must be double spaced and conform to the order in which matters appear in the clerk's record, rather than in alphabetical order. (I) After the index, the clerk must include the following: The State of Texas ) County of ) In the (County Court or Judicial District Court) of __ County, Texas, the Honorable

____

,Judge Presiding, the following proceedings were held and the following instruments and other papers were filed in this cause, to wit: Trial Court Cause No. --- ) vs. ) ) (m) The clerk's record must conclude with a certificate in substantially the following form: The State of Texas ) County of )

I, , Clerk of the Court of __ County, Texas do hereby certifY that the documents contained in this record to which this certification is attached are all of the documents specified by Texas Rule of Appellate Procedure 34.5(a) and all other documents timely requested by a party to this proceeding under Texas Rule of Appellate Procedure 34.5(b). GIVEN UNDER MY HAND AND SEAL at my office in __ , County, Texas this_ day of __ signature of clerk ---- name of clerk ---- title ----

3. A supplement must be prepared in conformity with this Order.

4. In the event of a flagrant violation ofthis Order in the preparation ofthe clerk's record, on motion

f a party or on its own initiative, the appellate court may require the clerk to amend the clerk's record or

to prepare new clerk's record in proper form-and provide it to any party who has previously made a copy of the original, defective clerk's record-at the clerk's expense.

B. Reporter's Record
I. The court reporter must prepare and file the reporter's record in accordance with Rules 34.6 and

35 and the Uniform Format Manual for Texas Court Reporters. Even if more than one notice of appeal or request for preparation of the record is filed, the reporter should prepare only one record in a case. 2. In the event of a flagrant violation of this Order in the preparation of a reporter's record, on motion of a party or on the court's own initiative, the appellate court may require the court reporter to amend the reporter·s record or to prepare a new reporter·s record in proper form-and provide it to any party who has previously made a copy of the original, defective reporter's record-at the reporter's Page 3 of 4

SLIDE 21

expense. Failure of a reporter to comply with the requirements of

the Uniform Format Manual for Texas Court Reporters is also subject to discipline by the Court Reporters Certification Board.

Amended April12, 1999, effective May 1, 1999.

Page 4 of4

SLIDE 22

TAMES Records Submission Portal (RSP)

User Guide

SLIDE 23

TAMES Records Submission Portal

Version History .............................................................................................................................................. 2 Overview ....................................................................................................................................................... 3 Login and Account Request .......................................................................................................................... 3 Send Document ............................................................................................................................................. 5 Appellate Case Information ...................................................................................................................... 5 Document I Fee Information .................................................................................................................... 5 Trial Court Information ............................................................................................................................. 7 File List ...................................................................................................................................................... 7 Support Information ................................................................................................................................... 11 Glossary .......................................................................................... ........................... .................................. 12

Version History

Version Date Author Description of Change

1 10/12/11

Charlotte Velasco Initial version

2 04/04/13

Charlotte Velasco Updated to reflect change to the "File List" section of the "Send Document" web page.

08/01/13

Charlotte Velasco Updated the "File List" section of the "Send Document" web page to reflect that Sealed Yes/No selection and Description are required fields. Office of Court Administration Page 2 of 12 Information Services Version 3 [8/1/2013]

SLIDE 24

TAMES Records Submission Portal

Overview

The purpose of the Texas Appeals Management and eFiling System's Records Submission Portal is to serve as the means by which Trial Court Clerks and Court Reporters send electronic Clerk's Records and electronic Court Reporter Records including Exhibits and Motions to the appellate courts.

The TAMES RSP Login and Account Request forms are accessed via your web browser from the following URL: https://www.rsp.txcourts.gov/ The Login Form is located on the initial screen displayed from the above URL.

Password:

[-·-·-·-~

Remember Ne:

Forqc.t Us.;r Na.m;, f Password? Roous ~ Account

Click on the Request an Account link displayed in the bottom right of the Login Form to request an account, and the following screen will appear. Office of Court Administration Page 3 of 12 Information Services Version 3 [8/1/2013]

SLIDE 25

TAMES Records Submission Portal Request User Account

fields marked in boldface are required first Name:

l'>'liddle Name: Last flame: Email Address: Cont act Phone Extension:

L-~

Account Type: J- Select -

v j

~=:_,

Appellate Court J- Select - V J flame: L-------------------'

(Select the Appellate Court in your Trial Court's geographical region. Once an account is created, files may be sent to any Appellate Court currentty accepting fLies from the TAMES Records Submission Portal.)

Security Policy D I affirm the information supplied is my ow n personal Affirmation: informatfon and I will uphold the security and confidentiality of

account credentials provided to me. Submit Request

Forgot User Name I Passvvord?

Enter the requested information, noting that fields marked in bold are required fields. The two available Account Type values are Court Clerk and Court Reporter. In the last field displayed, select the Appellate Court in your Trial Court's geographical region. Your account request will be routed to the Appellate Court for approval. Once your account request is approved and your account is activated, you will receive an email notification containing your username and a separate email notification containing your password. The Forgot User Name I Password? link on the Login screen can be used to generate an automated email notification of your user name and/or password to the email address provided in your 'Request User Account' form. Office of Court Administration Page 4 of 12 Information Services Version 3 [8/1/2013]

SLIDE 26

TAMES Records Submission Portal

Send Document

Once logged in, the Send Document screen is accessed from the Send Document button in the top navigation bar. Note that your account name and last login date and time are displayed just below the top navigation bar. Required fields: Fields marked with an asterisk(*) are required data fields. Navigation: The tab key or mouse is used to navigate from one data entry field to another. The scroll bar is used to navigate up and down the screen.

Appellate Case Information

1. Select the Appellate Court Name from the drop-down selection list (each of the sixteen

Appellate Courts is listed in the selection list). 2. Enter the Appellate Case Number (this isn't a required data field since there may be an

ccasional instance in which the Appellate Case Number is unknown at the time a

document is sent; in the majority of instances however, this data should be entered). 3. Enter the Appellate Style (if available).

Document I Fee Information

Note that when the Supreme Court is selected in the Appellate Case Information section a checkbox appears in the Document/Fee Information section that should be checked if you are sending a document for Disciplinary Appeals. Otherwise, proceed to item 4.

4. Select the Document Type from the selection values of: Clerk's Record, Court Reporter's

Record, Exhibit, Motion, Notice of Assignment, Other. Office of Court Administration PageS of 12 Information Services Version 3 [8/1/2013]

SLIDE 27

TAMES Records Submission Portal Send Document

Fields ma.rked with an asterisk (' ) are required

Appellate Case Information

Appellate Court Name '[~'!.'!.o.!~

P£:

~1~

:::-:J Appellate Style

Document I Fee Information

Document Type • Record Cost Payment Received From Payment Status Document Desaiphon

[&!--··--·----··----,

Select -

[ ---- --------------

Trial Court Information

Appellate Case # L--·-------··-·

·-·····--··-······--·..1

Sent on Behalf Of r·---------""J

,..

v 5.

Enter the "Sent on Behalf Of" information. The purpose of the 'Sent on Behalf Of' information is to let the appellate clerk know who to contact regarding the record. The user may be sending records on behalf of another person. For example, the Deputy Clerk may be sending on behalf of the Court Clerk. 6. Enter the Record Cost (numeric value with two decimal places). 7. Enter the "Payment Received From" information. 8. Enter the Payment Status by selecting Paid, Unpaid or Unknown from the drop-down selection list of values. 9. Enter the Document Description. The Document Description applies to the entire

transaction. It allows the user to add comments, remarks or description of the
document. For example "this document contains multiple files that comprise Exhibit A".

Office of Court Administration Page 6 of 12 Information Services Version 3 [8/1/2013]

SLIDE 28

TAMES Records Submission Portal

Trial Court Information

10. Select the Trial Court County from the drop-down list of values.
11. Select the Trial Court Name from the drop-down list of values. The specific list of values

displayed is driven by the selected Trial Court County.

12. Enter the Trial Court Case/Cause Number.
13. Enter the Trial Court Style.

If drop-down selection list values are not displayed, first check that any preceding drop-down selection lists associated with required fields, such as Appellate Court Name or Trial Court County, have been populated. The next step is to ensure that your web browser (such as Internet Explorer) is set to display all websites in Compatibility View (see the instructions to Adjust

Compatibility View Settings in the Support Information section at the end of

this document).

Trial Court Information

Trial Court County" Trial Court Name •

i- Select -

i - Select-

Trial Court Case/Cause#' i

~=~=~-

A !

Trial Court Style •

File Ust

_ l Select i File List

Note that files are to be submitted in PDF format with the only exceptions being video and audio files [audio and video files may be submitted in MP3 or MP4 format with a file size limit of 2GB; file size limit of PDF files is 100MB]. Due to the resulting size of PDFs created from scanned

Office of Court Administration Page 7 of 12 Information Services Version 3 [8/1/2013)

SLIDE 29

TAMES Records Submission Portal

documents, the goal is to create PDFs from electronic text files such as Microsoft Word and minimize creation of

PDFs from scanned document files to the extent possible. It is understood

that certain exhibits may only be available as scanned document files converted to PDF. When scanning such exhibits scan each image in black and white with a resolution of 300 dots per inch (dpi). Additional specifications for Clerks are documented in appellate court rules and specifications for Texas Court Reporters are documented in the Uniform Format Manual.

14. Click the "Select" button and browse to locate and select the file you would like to send.

Notice the displayed progress bar indicating upload of the file. Once the progess bar shows as complete, the Sealed List and Description fields appear.

Note that any file added can be removed by clicking the "Remove" button located to the right of the file name. The radial button displayed to the left of the file name will show as yellow while the file upload is in progress, green when successfully uploaded, and red to indicate a problem that would prevent the file from being sent.

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The file extension must be .pdf, .mp3 or .mp4 with each .pdf file being no larger than 100 megabytes or each .mp3 or .mp4 file no larger than 2GB. Files greater than the file size limit should be separated into multiple smaller files. Cumulative file size must not exceed 2GB. NOTE: The Sealed List and Description fields appear only after you have selected a file. If these fields do not appear upon selecting a file, see the instructions to Adjust Compatibility View Settings in the Support Information section at the end of this document.

15. Sealed List designation. Select "Yes" or "No" from the drop-down selection list to

indicate whether the file being sent is a Sealed File. Selection of "Yes" or "No" in this field is necessary as this is a required field. Office of Court Administration Page 8 of 12 Information Services Version 3 [8/1/2013)

SLIDE 30

TAMES Records Submission Portal

16. Enter a file Description. The Description allows the user to enter information specifically

for a file. For example "this file contains Volume 2 of Exhibit A". Entry of a description is

necessary as this is a required field.

17. If your document is composed of multiple electronic files, then click the "Select" button

and repeat the process of adding a file.

18. Once each of your files have been entered, click the "Send" button to transmit your

document to the specified Appellate Court.

19. A Confirmation Form will appear once your transmission completes. An example screen

print is shown below. Note that if multiple files were sent it's helpful to verify that each file is listed on the confirmation page.

20. The "Send Another Document for this Case" button at the bottom of the Confirmation

Form can be used to bring up a new Send Document screen pre-populated with pertinent field entries carried over from the Send Document screen associated with the displayed Confirmation Form. The "Send Document for Another Case" button can be used to bring up an empty Send Document screen directly from the Confirmation Form. Office of Court Administration Page 9 of 12 Information Services Version 3 [8/1/2013]

SLIDE 31

TAMES Records Submission Portal

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Page 10 of 12 Version 3 [8/1/2013)

SLIDE 32

TAMES Records Submission Portal

Support Information

Support contact information for this software is displayed in the footer section of each TAMES RSP web screen. OCA Service Desk software support can be reached via email at Service.Desk@courts.state.tx.us.

Adjust Compatibility View Settings:

If you do not see noted fields (e.g., "Sealed File" and "Description" in steps 15 and 16 above) and you are using Internet Explorer, do the following:

Go to Tools ->

Compatibility View settings (The keyboard shortcut is: 'Alt-o' then 'b')

From the Compatiblity View Settings dialog, you can enter 'txcourts.gov' and click the Add

button, or check the box to Display all websites in compatibility view. Compatibnrty v.ew Settings "'

You can add and remove websites to be displayed in Compatibility View.

E:Lebsites you've added to Compatibility Vie·.v:

M Download !JPdated compatibility lists from t•licrosoft

Learn mare b•t reading the Internet Explorer privacy statement klose

Office of Court Administration Information Services Page 11 of 12 Version 3 [8/1/2013]

SLIDE 33

TAMES Records Submission Portal

Glossary

DPI- Abbreviation of Dots Per Inch. DPI is a measure of the resolution of a printer. OCA- Abbreviation of Office of

Court Administration. PDF- Abbreviation of Portable Document Format. Formerly a proprietary format created by Adobe Systems, PDF was officially released as an open standard file-format for document exchange on July 1, 2008. RSP- Abbreviation of Records Submission Portal. TAMES- Abbreviation of Texas Appeals Management and eFiling System. URL- Abbreviation of Uniform Resource Locator, the global address of documents and other resources on the World Wide Web.

Office of Court Administration Page 12 of 12 Information Services Version 3 [8/1/2013]

SLIDE 34

CAUSE NO. 16-0339A

THE STATE OF TEXAS IN THE COUNTY COURT

vs.

AT LAW OF John Timothy Brantley WALKER COUNTY, TEXAS

NOTICE OF APPEAL

DATE: 8/08/2016 On this date, the Defendant in the above styled and numbered cause filed a Notice of Appeal by written notice. PRESIDING JUDGE: Honorable, Tracy Sorensen 1100 University A venue, Suite 102 Huntsville, Texas 77320 ATTORNEY ON APPEAL:

Ms. Kristen Jernigan, Attorney at Law

207 S. Austin Georgetown, Texas 78626 (512) 904-0123 COURT REPORTER: Unknown ATTORNEY FOR THE STATE OF TEXAS:

Mr. David Weeks, District Attorney of

Walker County 1036 11th Street Huntsville, Texas 77340 (936) 435-2441 OFFENSE: Assault causing bodily injury: Family Member CONVECTION: Deferred Sentence Order SENTENCE GIVEN: (1) year Deferred Probation DATE OF JUDGEMENT: January 14, 1999 APPELLANT CONFINED: N/ A DATE MOTION FOR NEW TRIAL FILED: N/ A DATE NOTICE OF APPEAL FILED: August 8, 2016 APPEAL BOND: N/A

SLIDE 35

CAUSE N0.12308CV

ANDREW HUSBAND, Plaintiff IN THE COUNTY COURT

vs.

AT LAW OF ZEKES TRUCKING CO. INC., AND KELLY DARSEY, Defendant WALKER COUNTY, TEXAS

NOTICE OF APPEAL

DATE: 8/08/2016 On this date, the Plaintiff in the above styled and numbered cause filed a Notice of Appeal by written notice.

PRESIDING JUDGE:

Honorable, Tracy Sorensen 1100 University Avenue, Suite 102 Huntsville, Texas 77320

PLAINTIFF- ATTORNEY:

Mr. Ben Dominguez, II, Attorney at Law

The Esperson Buildings 808 Travis, Suite 907 Houston, Texas 77002 (713) 224-7333

TYPE OF CASE: Motor Vehicle Accident COURT REPORTER:

Mrs. Marsha Burrus

1100 University A venue, Suite 102 Huntsville, Texas 77320

DEFENDANT - ATTORNEY:

Mr. Marshall Holmes, Attorney at Law

1 Riverway, Suite 1000 Houston, Texas 77056 (713) 418-2001

DATE OF JUDGEMENT: Case was DISMISSED WITH PREJUDICE on July 11,2016

DATE MOTION FOR REINSTATEMENT FILED: July 21,2016 DATE NOTICE OF APPEAL FILED: August 8, 2016

SLIDE 36

CAUSE NO. 8353PR

IN THE ESTATE OF IN THE COUNTY COURT BERNICE JEANETTE WILLIAMS AT LAW OF DECEASED WALKER COUNTY, TEXAS

NOTICE OF APPEAL

DATE: 12/4/17 On this date, the Plaintiff in the above styled and numbered cause filed a Notice of Appeal by written notice. PRESIDING JUDGE: Honorable, Kathleen S. Stone Senior District Judge - Former Statutory Probate Judge Sitting By Assignment 2310 Richton Houston, Texas 77098 CECILIA WILLIAMS PERKINS- ATTORNEY:

Mr. Raymon Jordan

2521 Riverside Drive Houston, Texas 77004 (713) 526-4627 TYPE OF CASE: Probate COURT REPORTER:

Mrs. Marsha Burrus

1100 University Avenue, Suite 102 Huntsville, Texas 77320 MARCIA WILLIAMS CROMER- ATTORNEY:

Mr. Lanny D. Ray

P.O. Box 1019 Houston, Texas 77342 (936) 439-6940 DATE OF JUDGEMENT: DECREE CONFIRMING SALE OF REAL PROPERTY signed on Nov. 27, 2017

SLIDE 37

INFORMATION SHEET BY TRIAL COURT CLERK TENTH COURT OF APPEALS

Note to trial clerk: You are expected to file, respectively, the clerk's record by the original due date. Jfyou cannot, you should advise the Clerk of the Tenth Court of Appeals immediately in writing, stating the reason and the date by which the record will be filed Generally speaking, for good cause shown, the Court will grant no more than two extensions from the original due date, each extension not to exceed 30 days.

Appellate Case Number: Trial Court Case Number: 8976 PR Trial Court and County: County Court at Law I Walker

Cecil G Knickerbocker, Plaintiff

Vs.

Donald Knickerbocker as the independent executor of the Estate of David Knickerbocker and Roy Mathis, Defendants

Information from Trial Court Clerk The clerk's record will be completed and filed with the appellate court clerk by the original due date, subject to payment arrangements be made. The clerk's record will not be filed by the original due date. (Please state reasons on reverse side.) I believe I can file the clerk's record by , and I request an extension. Appellant has not made payment arrangements. Appellant has been notified that the clerk's record is ready via copy of Bill of Cost by email. Appellant has made payment arrangements. Clerk's Signature: Kari French, County Clerk Phone Number: 936-436-4901 COMMENTS: Please extend due date for 12 days, (September 10, 2018) to allow more time for appellant to make payment arrangements. The Clerk's Record is ready; we just have not received the payment. Thank you.

SLIDE 38

CECIL G KNICKERBOCKER, PLANTIFF

vs

DONALD KNICKERBOCKER

CAUSE NO. 8353 PR

AS THE INDEPENDENT EXECUTOR OF THE ESTATE OF DAVID KNICKERBOCKER AND ROY MATHIS, DEFENDANTS

BILL OF COST

lOth COURT OF APPEALS

DATE: August 21 , 2017

IN THE COUNTY COURT AT LAW OF WALKER COUNTY, TEXAS

I, Kari French, County Clerk in and for Walker County, Texas, do hereby certify that the total cost of preparing the Clerk' s Record is $201.00. The Clerk's Record is due August 30, 2018. The Clerk's Record will be filed with the 10

1h Court pending your payment for the preparation

fthe Clerk's Record.

Given under my hand and seal of said Court on the 21st day of August 21 , 2018 Kari French, Walker County Clerk BY: ________________________

Stacey Soileau-Oates, Deputy

SLIDE 39

CLERK'S RECORD VOLUME 1 ofl Court of Appeals Number: ------ Trial Court Cause Number: 8976 PR In the County Court at Law ofWALKER County, Texas, Honorable Donald Kraemer, Judge Presiding Cecil G Knickerbocker, Plaintiff

vs.

Donald Knickerbocker as the Independent Executor of the Estate of David Knickerbocker and Roy Mathis, Defendants Appealed to the TENTH COURT OF APPEALS WACO, TEXAS PLAINTIFF -ATTORNEY: DEFENDANT- ATTORNEY: James D. Hurst

1202 Sam Houston A

venue Huntsville, Texas 77340

(936) 295-5091

Jeremy Romoser

1300 11th Street, Suite 405

Huntsville, Texas 77340

(936) 295-3712

Delivered to the lOth COURT OF APPEALS, WACO, TEXAS On the day of Signature of Clerk: Name of Clerk: Title:

KariA. French, Walker County Clerk

Walker County Court House Court of Appeals Number: ------ Filed in the Tenth Court of Appeals, Waco, Texas This day of __________

__,_ ____

___,_

_______

, Deputy

_____________ , Clerk

By _______ _____ , Deputy

SLIDE 40

INDEX

Cecil G Knickerbocker, Plaintiff IN COUNTY COURT ATLAW

vs.

WALKER COUNTY, TEXAS Donald Knickerbocker as the Independent Executor of the Estate of David Knickerbocker and Roy Mathis, Defendants TRANSCRIPT COVER INDEX CAPTION CLERK'S CERTIFICATE APPLICATION TO PROBATE WILL AND FOR ISSUANCE OF LETTERS TESTAMENTFAugust 29,2014 LETTER SENT TO ALL PAR TIES ISSUED: August 29, 2014 STATUS REQUEST FROM MR. HALL FILED: October 7, 2014 ORDER OF DISMISSAL FILED: October 20, 2014 LETTER FROM MR. HALL FILED: October 29, 2014 LETTER TO INEEQUA FISHER RETURNED TO SENDER FILED: October 31 , 2014 LETTER FROM PLAINTIFF ACCOMPANYING APPEAL TO 10

1 H

COURT OF APPEALS FILED: November 7, 2014 APPEAL FROM THE COUNTY COURT AT LAW OF WALKER COUNTY, TEXAS BY MARSA HALL WITH PAUPER'S AFFIDAVIT FILED: November 7, 2014 I

II- II

SLIDE 41

I N D E X- CONTINUED

SUBMISSION CONFIRMATION FROM TAMES RECORDS 108 SUBMISSION PORTAL FILED: November 13, 2014 CIVIL DOCKET SHEET 109 III

SLIDE 42

CAPTION

THE STATE OF TEXAS COUNTY OF WALKER In the County Court at Law of Walker County, Texas The Honorable Barbara Hale, Judge Presiding, the following proceedings were held and the following instruments and other papers were filed in this cause, to wit: Civil Court Cause Number: 11894CV MARSA HALL #540183, Plaintiff

vs.

INEEQUA FISHER, VELISA S. RENFRO, Defendants IN THE COURT AT LAW WALKER COUNTY, TEXAS IV

SLIDE 43

STATE OF TEXAS COUNTY OF WALKER

CLERK'S CERTIFICATE

I, KariA. French, Clerk ofthe County Court at Law, of Walker County Texas, do hereby certify that the above and foregoing proceedings, instruments and other papers contained in Volume 1, pages 1-109 inclusive, to which this certification is attached, are all of the documents specified by the Texas Rule of Appellate Procedure 34.5(a) and all

ther documents timely requested by a party to this proceeding under Texas Rule of

Appellate Procedure 34.5(b). GIVEN UNDER MY HAND AND SEAL at my office in WALKER, COUNTY TEXAS, this 4th day of December 2014. Signature of Clerk: Name of Clerk: Title: Kari A. French, County Clerk Walker County Court House

SLIDE 44

December 4, 2018

WALKER COUNTY CLERK KARl A. FRENCH

1100 University Avenue, Suite 201 Huntsville, Texas 77340 936-436-4922 Fax 936-436-4928 www.co.walker.tx.us

T N THE COUNTY COURT AT LAW

Of Walker County, Texas Khamia Ryans 2480 Briarcliff Road NE, Suite 6 #154 Atlanta, GA 30329 RE: Cause #118E036 Khamia Ryans Vs.

Mary Harper, Chief Deputy 936-436-4904

Z'd Floor Walker County Courthouse

Birth & Death- Vitals: 936-436-4976 Brands, DBA, Marriage License: 936-436-4976 Civil County Court-at-Law: 936-436-4901 Probate County Court-at-Law: 936-436-4974

1" Floor Walker County Courthouse

Criminal Misdemeanor: 936-436-4967/4902 Deeds & Records Management: 936-436-4924/4698

Charles Ryans, Sr., Charles Ryans, Jr., and Ezzard Ryans Dear Ms. Ryans, The above styled cause has been received in County Court at Law of Walker County, Texas, on appeal from Justice Court #1. This case has been assigned our Cause #12939CV. The fee for filing this case in County Court at Law is $252.00 and must be paid within twenty (20) days from the date of this letter in order for the appeal to be deemed perfected, in accordance with Rule 143a of the Texas Rules of Civil Procedure. Thank you. Sincerely,

KariA. French

Walker County Clerk By

________________________

_ Maren Gladden- Deputy

Copy to Defendants' Attorney

SLIDE 45

December 4, 2018

WALKER COUNTY CLERK KARl A. FRENCH 1100 University Avenue, Suite 201 Huntsville, Texas 77340 936-436-4922

Fax 936-436-4928 www.co.walker.tx.us

IN THE COUNTY COURT AT LAW

Of Walker County, Texas Leah Taylor Y eley

221 University A venue Huntsville, TX 77320 RE: Cause# 18-2652 Arabella Santana vs. Leah Yeley Dear Ms. Yeley,

Mary Harper, Chief Deputy 936-436-4904

Z'd Floor Walker County Courthouse

Birth & Death · Vitals: 936-436-4976 Brands, DBA, Marriage License: 936-436-4976 Civil County Court-at-Law: 936-436-4974 Probate County Court-at-Law: 936-436-4901

1s' Floor Walker County Courthouse

Criminal Misdemeanor: 936-436-4967/4902 Deeds & Records Management: 936-436-4924/4698

The above styled cause has been received in County Court at Law of Walker County, Texas, on appeal from Justice Court #3. The fee for filing this case has been waived and the appeal has been deemed perfected, in accordance with Rule 143a of the Texas Rules of Civil Procedure. The Cause Number for this appeal is 12912CV. A hearing on this matter may be scheduled by contacting Casey Robertson, the Civil Court Coordinator- County Court at Law. Ms. Robertson may be reached at (936) 436-4921 or by email at crobertson@co.walker.tx.us. Sincerely,

KariA. French,

Walker County Clerk By: ______________________

Maren Gladden - Deputy Clerk Copy to Arabella Santana

SLIDE 46

December 4, 2018 Honorable Mark Holt

WALKER COUNTY CLERK

KARIA. FRENCH

1100 University Avenue, Suite 201 Huntsville, Texas 77340

936-436-4922

Fax 936-436-4928 www.co.walker.tx.us

Justice ofthe Peace, Precinct Three 2986A State Highway 19 Huntsville, TX 77320 Re: Cause #15-2004 Heritage Legacy Enterprises LLC Vs. Lasheda Reed Dear Judge Holt,

Mary Harper, Chief Deputy 936-436-4904

r'd Floor Walker County Courthouse

Birth & Death -Vitals: 936-436-4976 Brands, DBA, Marriage License: 936-436-4976 Civil County Court-at-Law: 936-436-4974 Probate County Court-at-Law: 936-436·4901

1'' Floor Walker County Courthouse

Criminal Misdemeanor: 936-436-4967/4902 Deeds & Records Management: 936-436-4924/4698

The above referenced appeal is being returned to your office because it was not perfected. Please acknowledge receipt with a file stamp on this notice and return to our office. Thank you, Sincerely, Kathy Cook Deputy Clerk- Civil The above papers were received in Justice Court #1 on this the ___ day of _____ , 2015. By:

SLIDE 47

CAUSE NO. 12055CV STANLEY E. CLARK #1319496 §

§ § § § IN THE COUNTY COURT AT LAW

VS. OF BILLY MCCREARY, ET AL WALKER COUNTY, TEXAS

ORDER

TO: Inmate Trust Account COPY TO: Stanley E. Clark, TDCJ #1319496 and the Attorney General of Texas GREETINGS: Stanley E. Clark, TDCJ #1319496, Texas Department of Criminal Justice Institutional Division offender plaintiff has of this date filed a civil action in the County Court at Law of Walker County, Texas as above entitled. Thereby, court cost and fees have been incurred as represented in the certified Bill of Costs attached hereto in the amount of $

___

_ The Court ORDERS that payment be made out of Stanley E. Clark, TDCJ #1319496 Inmate Trust Account as follows: Pay an initial amount equal to the lesser of:

20% of the preceding six month's deposits in the Inmates' Trust Account; or 2. the total amount of fees and costs. In each month following in which the initial payment is made Stanley E. Clark, TDCJ #1319496 shall pay an amount equal to the lesser of:

1. 10% of that month's deposit to the Inmates' Trust Account; or
2. the total amount of fees that remain unpaid.

Payments are to continue until the total amount certified or Stanley E. Clark, TDCJ #1319496 is released from confinement.

SLIDE 48

On receipt of a copy of this Order, the department (Inmate Trust Account) shall withdraw money from the trust account of the inmate, hold same in a separate account and shall forward said money to the court clerk who submitted the Bill of Costs on the earlier of the following dates:

1. the date the total amount to be forwarded equals the total amount

which remains unpaid; OR

2. the date the inmate is released.

The Court enters this order pursuant to Article 14.006 of the Texas Practice and Remedies Code. SIGNED this __ day of March, 2015. JUDGE PRESIDING

SLIDE 49

STANLEY E. CLARK #1319496 VS. BILLY MCCREARY, ET AL CAUSE NO. 12055CV § § § § § IN THE COUNTY COURT AT LAW

WALKER COUNTY, TEXAS

ORDER

The Clerk of the Court shall send a copy of this order along with a copy of all pleadings, affidavits, unsworn declarations and exhibits in the above styled and numbered cause to the Docketing Clerk, Law Enforcement Defense Division of the Office of the Attorney General. The Attorney General shall review the pleadings, affidavits, unsworn declarations and exhibits for compliance with the Texas Civil Practice and Remedies Code, Chapter 14. The Attorney General shall file as amicus curiae an advisory

pinion with the Court as to whether the inmate plaintiff has satisfied all of the

statutory requirements. The Court requests that the Attorney General obtain authority to represent the defendant(s) and answer on their behalf within sixty (60) days after receipt of this

rder. In the event the Attorney General is unable to locate a defendant or secure

authorization to represent a defendant, the Attorney General shall file with this court within the same time period a statement of the last known address for

defendant. An authorization agent for the Texas Department of Criminal Justice,

Institutional Division, shall execute a statement of the last known address fore defendant(s) that are current or former employees of that agency. The affidavit may be filed ex parte and sealed subject to a motion to unseal for good cause shown by the plaintiff. SIGNED this __ day of March, 2015. JUDGE PRESIDING

SLIDE 50

STANLEY E. CLARK #1319496 VS. BILLY MCCREARY, ET AL CAUSE NO. 12055CV § § § § § IN THE COUNTY COURT AT LAW OF WALKER COUNTY, TEXAS SUPPLEMENTAL ORDER IT IS ORDERED that the clerk of the court assess costs against plaintiff for costs

f filing fees pursuant to Chapter 14 of the Texas Civil Practice and Remedies Code.

Furthermore, the clerk shall forward a certified copy of this order and bill of costs to the Texas Department of Criminal Justice Trust Fund Department and the plaintiff in accordance with section 498.0045 of the Texas Government Code and section 14.006 of the Texas Civil Practice and Remedies Code. SIGNED this ___ day of March, 2015. JUDGE PRESIDING

SLIDE 51

Page 1 of 12

Appeal Overview and Process for County Clerks

Overview and Process Statutes Examples References

Prepared for the County and District Clerks Association of Texas Winter Conference 2019 – San Marcos, Texas Walker County Clerk – Kari A French

SLIDE 52

Page 2 of 12

Appeals Overview and Process for County Clerks

One of the many duties as Clerks involves processing appeal cases. Most of the time, County Clerk’s will receive an appeal from the JP or Municipal level. We also prepare the Clerks Record for cases that are appealed to a higher Court. This session is a general overview of the process for appeals in our offices. What is an Appeal? The legal dictionary defines an appeal as follows: “A written request to a higher Court to modify or reverse the judgment of a trial Court or intermediate level appellate Court.”  The party seeking the appeal is called the appellant.  The party defending the appeal is called the appellee.  Generally, the appellate Court takes the evidence presented at the trial Court to be true and considers only whether the judge made mistakes in understanding and applying the law.  Sometimes an appeal is called a “direct appeal”, distinguishing it from a mandamus proceeding,

r other type of proceeding. A direct appeal seeks review of a trial Court’s final judgment.

 A judgment is final for the purposes of appeal if it purports to dispose of all claims/parties.  In contrast to a direct appeal, other appellate proceedings, such as mandamus or habeas corpus, ask the appellate Court to make an initial decision on an issue. There are 14 intermediate Courts of appeals in Texas. Each Court of appeals has jurisdiction over a particular geographical district, consisting of certain counties. The Clerk, the judge, the parties, and their attorneys all have roles in the process of appeals. The primary responsibility for preparing the appeal, however, falls upon the Clerk. There are specific rules relating to both the time periods for perfecting appeals and the procedures for doing so. As Clerks we need to become thoroughly familiar with the procedures on appeals process. In determining the period within which the various steps of an appeal must be taken, the date when the trial judge signs the order or judgment shall determine the beginning of the time periods prescribed for filing an appeal.

SLIDE 53

Page 3 of 12

Courts Overview Civil / Probate Court Civil cases do not deal with criminal actions, but rather with disputes between private parties. A civil case can be defined as a personal action to compel payment or performance. The end purpose

f most civil cases is to obtain a judgment for money, but judgment is sometimes sought to compel
r enjoin some action.

The various Courts in Texas have overlapping jurisdiction in civil cases. The exact jurisdictional parameters of a given type of Court may vary from one location to another. The justice of the peace Courts have jurisdiction in which the amount in controversy is not more than $10,000. Constitutional county Courts have jurisdiction where the amount in controversy is greater than $200 but no more than $200,000. Certain statutory county Courts have jurisdiction over cases with higher maximum amounts in

controversy. A statutory county Court has concurrent with the county Court the probate jurisdiction

provided by general law for county Courts; however, in a county that has a statutory probate Court, that statutory probate Court is the only county Court created by statute with probate jurisdiction. NOTE: Regarding county Courts, the term "amount in controversy" encompasses attorney fees but not Court costs or interest. Criminal Misdemeanor Court Overview The Clerk's duties in criminal cases are varied and include filing cases, issuing processes, maintaining minutes of proceedings, collecting costs and fines, and arranging for commitments and

appeals. Criminal trial Courts in Texas are organized on three levels:

The justice and municipal Courts are the lowest level. These Courts try crimes designated as misdemeanors where the maximum punishment for the offense is a fine not to exceed $500. County Courts have original jurisdiction in Class A and B misdemeanors. County Courts serve as appellate Courts in cases originally tried in justice and municipal Courts. Constitutional County Courts, traditionally, criminal cases are heard by the county judge sitting as the judge of the constitutional county Court. This is still true for many of the smaller counties. Statutory County Courts, in high population areas, the caseload of both civil and criminal proceedings has grown so large that legislature has created special Courts. Courts established by the legislature are called county Courts at law, county criminal Courts, or some other name to distinguish between them and the constitutional county Court. These statutory county Courts generally have the same jurisdiction and powers as the constitutional county Court, but in many counties jurisdiction has been limited or expanded. The highest level of trial Court is the district Court, which hears felonies, the most serious of criminal cases. The County Clerk normally has no official duties in regard to district Court cases.

SLIDE 54

Page 4 of 12

Appeals from Lower Courts Appeals from lower Courts must be filed in the lower Court where the case originated. An appeal from a Justice or Municipal Court to a County Court begins with a party who seeks to alter the trial Court’s judgment or other appealable order must file a notice of appeal. Parties whose interests are aligned may file a joint notice of appeal. Jurisdiction In order for jurisdiction to attach in a County Court on an appeal from a Justice Court proceeding. The appellant will file an appeal bond as required or an affidavit of inability to pay if they cannot pay the appeal filing fee to the higher Court. In the County Clerks Court’s registry, appeal bonds are filled with the County Treasurer. Notice of Appeal An appeal is perfected when a written notice of appeal is filed with the trial Court clerk. If a notice

f appeal is mistakenly filed with the appellate Court, the notice is deemed to have been filed the

same day with the trial Court clerk, and the appellate clerk must immediately send the trial Court clerk a copy of the notice. 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
5. State the name of each party filing the notice
6. In an accelerated appeal, state that the appeal is accelerated

The notice of appeal must be served on all parties to the trial Court's final judgment or on all parties to the trial Court proceeding. Amending the Notice An amended notice of appeal correcting a defect in an earlier filed notice may be filed in the appellate Court at any time before the appellant's brief is filed. The amended notice is subject to being struck for cause on the motion of any party affected by the amended notice. Enforcement of Judgment Not Suspended by Appeal The filing of a notice of appeal does not suspend enforcement of the judgment. Enforcement of the judgment may proceed unless, the judgment is superseded in accordance with Rule 24, or the appellant is entitled to supersede the judgment without by filing a notice of appeal. It the appellant is able to pay, they shall pay to the County Clerk, within twenty days after being notified the costs as required. Clerks of Justice or Municipal Courts will direct appeals from those Courts to the County Clerk once the appeal is perfected in the lower Court. Appeals form Justice (JP) Courts Small Claims and Evictions are some of the cases filed which are sent to this office when they are

appealed. We also receive appeals of cases that were filed by TDCJ Offenders. Appeals to CCL

are normally not E-filed. They are usually hand-carried, mailed or sent through Inter-Departmental

mail. Usually they will include a form to sign acknowledging receipt of the appeal.

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Appeal of License Revocation – LR The applicant is appealing the decision that was made to revoke or suspend their license. This is filed as a new case with the base filing fee + 2 certifications. Appeals without Pauper’s Affidavit (All): Send a letter to the appellant (party who filed the appeal) or their attorney to request the filing fee and notify them of the 20 day deadline to pay the fee. (TRCP 143a) Before filing the case with the other active cases, notate what the due date is for the fee. When the fee is received, send a letter to the appellant in writing that the case has been perfected and to contact Court Coordinator to schedule a hearing. Send a copy to all parties. If the filing fee is not received by the deadline, the case may be deemed as “not perfected” and is subject to being returned to the Justice Court that sent it to us. Send to the Judge that it was not perfected. Eviction Appeals with Pauper’s Affidavits (Inability to Pay Court Costs) When an appeal filed with a Pauper’s Affidavit and the Appellant is the Tenant, Chapter 24 of the Property Code requires that they pay a deposit of one month’s rent into the JP Court’s registry of the Court. If there is nothing in the file indicating that the Appellant made this payment, contact the JP’s office to ask if it was paid and notate it for the Judge’s review. Chapter 24 also requires that the Tenant/Appellants pay their rent into the County Clerk’s Registry of the Court as it becomes due for the duration of the appeal process. Draft a letter to the Appellant and send the file to the Judge with a notation that the letter has not been sent. After the file is returned, unless the Judge has instructed otherwise, send the letter to Appellant or their attorney to notify them that the case has been received and for them to contact the Case Coordinator to set up a hearing. Criminal Misdemeanor Appeals This is for appeals from lower Courts (Municipal or JP) or transfers from the District Clerks office. You will need to check to see if it’s a traffic appeal or other. Traffic appeal is anything related to driving/traffic. You will complete the same steps as the complaint and information brought over by the District Attorney’s office. Make all copies in the same order received. Enter in bond as appeal

bond. Print one for defendant, county attorney, bondsman, surety and file. Print bill of cost and

don’t add any fees and summary. If the defendant is found not guilty, the case is dismissed and no fines or costs are assessed. If the defendant is found guilty and the appeal is from a Municipal Court, then the Clerk is to collect and return the fine to the Municipal Court but retain the costs. If the defendant is found guilty and the appeal is from a Justice Court, the Clerk is to retain both the costs and the fine. Offender Filings Cases filed by TDCJ Offenders are usually received as appeals from Justice Courts. Usually when a TDCJ Offender appeal is filed, it includes an Affidavit of Indigence or a Pauper’s

Affidavit. Also, most, if not all, of these Appeals have been suits that were filed against TDCJ

and/or one of its employees. Offender Appeals from JP Courts without a Pauper’s Affidavit are processed as normal. Appeals filed by offenders with a Pauper’s Affidavit fall under Chapter 14 of the Civil Practice and Remedies Code. The County Clerk should: File-mark all instruments and assign a county Court case number. Create the judge’s docket and file all instruments in the case jacket. You will process the appeal from the lower Court as any other case.

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Appeals to a Higher Court When a notice that an appeal has been filed with the Higher Court of Appeals is received, immediately send the case to the Judge. We are required to file the contents of the case, known as the Clerk’s Record within a certain period of time. No parties in the case automatically receive a copy of the Clerk’s Record. It must be specifically requested. They are entitled to one copy at no charge with additional copies available at the normal cost of $1.00/page. Jurisdiction The jurisdiction for appeals of all Civil/Probate cases from the County Courts is with the Court of appeals within the particular district. It is the responsibility of the Clerk in all appeal cases to prepare the Clerk's record and forward it to the Court of appeals. The jurisdiction for appeals of all criminal cases from the county Courts is with the Court of appeals within the particular district. It is the responsibility of the Clerk in all appeal cases to prepare the Clerk's record and forward it to the Court of appeals or the Court of Criminal Appeals. It is the responsibility of the clerk in all appeal cases to prepare the clerk's record and forward it to the Court of appeals or the Court of Criminal Appeals. Right of Appeal When a Court enters a judgment or other appealable order and the defendant has a right of appeal, the Court (orally or in writing) shall advise the plaintiff or Defendant of their right of appeal and of the requirements for timely filing a sufficient notice of appeal. Notice of Appeal Notice must be given in writing and filed with the trial Court clerk. Notice is sufficient if it shows the party's desire to appeal the judgment or other appealable order. The State is entitled to appeal a Court’s order in a criminal case as provided by Code of Criminal Procedure article 44.01. The notice of appeal must be filed within 20 days after the day the trial Court enters the order, ruling, or sentence to be appealed. The defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02. The notice of appeal must be filed within 30 days after the day sentence is imposed or after the day the trial Court enters an appealable order or within 90 days after the sentence is imposed. Service of Notice In the copy filed with the appellate Court, the notice of appeal must be served on all parties to the trial Court's final judgment. In the case of an interlocutory appeal, the notice of appeal must be served on all parties to the trial Court proceeding. A copy of the notice of appeal must be filed with the appellate Court Clerk. Certification of Defendant's Right of Appeal If the defendant is the appellant, the record must include the trial Court's certification of the defendant's right of appeal under TRAP 25.2(a)(2). The certification shall include a notice that the defendant has been informed of his rights concerning an appeal, as well as any right to file a pro se petition for discretionary review. This notification shall be signed by the defendant, with a copy given to him. Effect of Appeal Once the record has been filed in the appellate Court, all further proceedings in the trial Court will generally be suspended until the trial Court receives the appellate Court mandate.

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Premature Filings In a civil case, a prematurely filed notice of appeal is effective and deemed filed on the day of, but after, the event that begins the period for perfecting the appeal. There are specific rules relating to both the time periods for perfecting appeals and the procedures for doing so. In a criminal case, a prematurely filed notice of appeal is effective and deemed filed on the same day, but after, sentence is imposed or suspended in open Court, or the appealable order is signed by the trial Court. But a notice of appeal is not effective if filed before the trial Court makes a finding

f guilt or receives a jury verdict.

Types of Accelerated Appeals Appeals from interlocutory orders (when allowed by statute), appeals in quo warrant proceedings, appeals required by statute to be accelerated or expedited, and appeals required by law to be filed or perfected within less than 30 days after the date of the order or judgment being appealed are accelerated appeals. Interlocutory Appeals in Statutory Probate Courts Although most practitioners in statutory probate Courts have thought they already had the ability to take interlocutory appeals of some eleven different types of orders issued by the Court, the Legislature in 2013 explicitly added statutory probate Courts to the list of Courts from which an interlocutory appeal may be taken. Tex. Civ. Pr. & Rem. Code §51.014(a). (SB 1083 & HB 1874) Perfecting Appeal in a Criminal Case In a criminal case, appeal is perfected by timely filing a sufficient notice of appeal. Perfection of Accelerated Appeal Unless otherwise provided by statute, an accelerated appeal is perfected by filing a notice of appeal in compliance with Rule 25.1 within the time allowed by Rule 26.1(b) or as extended by Rule 26.3. Filing a motion for new trial, any other post-trial motion, or a request for findings of fact will not extend the time to perfect an accelerated appeal. Record and Briefs In lieu of the clerk's record, the appellate Court may hear an accelerated appeal on the original papers forwarded by the trial Court or on sworn and uncontroverted copies of those papers. The appellate Court may allow the case to be submitted without briefs. Extension of Time to File Petition The Court of appeals may extend the time to file the petition if the party: files the petition within 15 days after the deadline, and files a motion complying with Rule 3510.5(b). Motion for New Trial Generally, a motion for new trial is not a prerequisite to an appeal. However, one must file a motion for new trial in order to preserve certain complaints for appeal. A motion for new trial, if filed, shall be filed within 30 days after the judgment or other order complained of is signed. Request for Findings of Fact and Conclusions of Law In any case tried in the District or County Court without a jury, any party may request the Court to state in writing its findings of fact and conclusions of law. Such request must be filed within 20 days after judgment is signed with the Clerk of the Court, who shall immediately call such request to the attention of the judge who tried the case.

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Indigent Criminal Defendants An appellant who is unable to pay for the appellate record may file a motion and affidavit within the time required to perfect an appeal asking the Court to have the appellate record furnished without charge. The Appellate Record There are two primary components of an appellate record: the clerk's record and the reporter's record. Clerk’s Record At any time before the clerk's record is prepared, any party may file with the clerk a written designation specifying matters for inclusion in the clerk's record. the designation must be specific and the clerk will disregard any general designation such as one for "all papers filed in the cause." A copy of the designation should be included in the clerk's record. If a relevant item has been

mitted from the clerk's record, the trial Court, the appellate Court, or any party may, by letter,

direct the clerk to prepare, certify, and file in the appellate Court a supplement containing the

mitted item. An appellate Court cannot refuse to file the clerk's record or a supplemental clerk's

record because of failure to timely request items to be included in the clerk's record. The Clerk's Responsibility The trial Court clerk is responsible for preparing, certifying, and timely filing the clerk's record when a notice of appeal has been filed and the party responsible for paying for the preparation of the clerk's record has paid the clerk's fee, has made satisfactory arrangements with the clerk to pay the fee, or is entitled to appeal without paying the fee. Unless the parties designate the filings in the appellate record by agreement under Rule 34.2, the record must include copies of the following:

1. In civil cases, all pleadings on which the trial was held
2. In criminal cases, the indictment or information, any special plea or defense motion that was

presented to the Court and overruled, any written waiver, any written stipulation, and, in cases in which a plea of guilty or nolo contendere has been entered, any documents executed for the plea

3. The Court's docket sheet
4. The Court's charge and jury's verdict, or the Court's findings of fact and conclusions of law
5. The Court's judgment or other order that is being appealed
6. Any request for findings of fact and conclusions of law, any post-judgment motion, and the

Court's order on the motion

7. The notice of appeal
8. Any formal bill of exception
9. Any request for a reporter’s record, including any statement of points or issues under Rule

34.6(c)

10. Any request for preparation of the clerk’s record
11. In civil cases, a certified bill of costs, including the cost of preparing the clerk’s record,

showing credits for payments made

12. In criminal cases, the trial Court's certification of the defendant's right of appeal under Rule

25.2; and

13. Subject to any filing that a party designates to have included in the record

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Criminal Appellate Process and Timelines The Clerk's responsibility in appeals is not only to prepare the Clerk's record but to coordinate the efforts of the attorneys, the Judge, and the Court reporter. Therefore, the Clerk must be aware of the entire appellate process.  In criminal appellate matters, the beginning of the periods of time prescribed in the various rules, statutes, and orders of Court is determined by the date sentence is imposed or suspended in open Court.  In computing any period of time, the date of sentencing is not to be included. T  Notice of appeal must be given in writing and filed with the Clerk of the trial Court.  Appeal is perfected when notice of appeal is filed within 30 (20 by the State) days after the sentence is imposed or suspended in Court, or the day an appealable order is signed by the trial judge; except, if a motion for new trial has been timely filed, notice of appeal must be filed within 90 days after the day sentence is imposed or suspended in open Court.  The Clerk must note upon the copies of the notice the number of the cause and the date that notice was filed and immediately send one copy to the Clerk of the appropriate Court of appeals and one copy to the attorney for the State.  A notice of appeal may be withdrawn any time prior to the decision of the Court of appeals.  The withdrawal must be in writing, signed by the defendant and his or her attorney and filed in duplicate with the Clerk of the Court of appeals, who must immediately forward the duplicate copy to the Clerk of the trial Court.  Formal bills of exception must be filed in the trial Court within 60 days after the sentence is pronounced or suspended in open Court or if a timely motion for new trial has been filed, within 90 days after sentence is pronounced or suspended in open Court.  When a mandate is returned on the appeal, the Clerk must file it with the papers of the case and note it upon the docket. The Clerk must also send an acknowledgment of the mandate's receipt to the appellate Clerk.  A motion for new trial is not a prerequisite, however, it may be filed within 30 days after, the date sentence is imposed or suspended in Court.  Amended motions may be filed before any preceding motion for new trial is overruled and within 30 days after sentence. In the event an original or amended motion for new trial is not granted or denied by written order of the Court within 75 days after the date of sentence, it will be considered overruled by operation of law.  An order overruling a motion in arrest of judgment will be considered an order overruling a motion for new trial for the purpose of giving notice of appeal.  If the defendant in a case on appeal has been on bail, upon receipt of the mandate affirming the judgment, the Clerk must issue a capias for the arrest of the defendant for the execution

f the sentence of the Court. The capias (commitment) must include a recitation of the

conviction, which sets forth the offense and judgment and sentence of the Court, the appeal and affirmation of the judgment and the filing of the capias. The capias commands the sheriff to arrest the defendant. The sheriff must notify the Clerk when this has been done.  The appellate record must be filed in the appellate Court: if a motion for new trial is not filed, within 60 days after the date the sentence is imposed or suspended in open Court or the order appealed from is signed; if a timely motion for new trial is filed and denied, within 120 days after the date the sentence is imposed or suspended in open Court; or if a motion for new trial is granted, within 60 days after the order granting the motion is signed.

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Indigent Criminal Defendants  An appellant who is unable to pay for the appellate record may file a motion and affidavit within the time required to perfect an appeal asking the Court to have the appellate record without charge.  If after hearing the motion the Court finds that the appellant cannot pay or give security for the appellate record, the Court must order the reporter to transcribe the proceedings without charge to the appellant. Decision from the Higher Court of Appeals: Normally notification of a decision by the Higher Court is done via email. EVENT TYPE: Memorandum Opinion COMMENT: and Judgment from Higher Court of Appeals Statue Reference Civil Practice and Remedies Code – Chapter 51 Code of Criminal Procedure – Chapter 44 Texas Rules of Appellate Procedure Texas Government Code – 30.00014 Government Code – Chapter 22 AG Op. JM-318 (1985) HB 274 (82nd Legislature) References & Links County Clerk Reference Guide & County Clerk Manual (2013 Edition) https://www.cdcatexas.com Texas State Statutes - https://statutes.capitol.texas.gov Texas Rules of Civil Procedure TRCP Attachments Court Structure of Texas Typical Misdemeanor Case flow Appellate timetable for Clerks Appellate timetable for Attorneys Appendix E – In the Court of Criminal Appeal of Texas Tames User Guide

Ex. Notice of Appeal Criminal, Notice of Appeal Civil, Notice of Appeal Probate
Ex. Information Sheet by Trial Clerks
Ex. Bill of Costs
Ex. Clerks Record
Ex. Letter stating Fee. Letter stating fee received and set Court date, Letter to Judge not perfected

Inmate Correspondence

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Clerks Record Process Make a legible copy of the documents on opaque, white, 8½ x 11 inch paper, if practicable. Arrange the documents in ascending chronological order, by date of filing or occurrence. Consecutively number the pages in the bottom right-hand corner. Bind the documents in ascending chronological order, by date of filing or occurrence. Prepare, label and certify the Clerk's record as required by the Court of Criminal Appeals Order Directing the Form of the Appellate Record in Criminal Cases. NOTE: Many appellate Courts now require the Clerk’s record to be uploaded via their website. Appeal from Department of Public Safety Ruling Under the provisions of Section 521.308, Transportation Code, a person may appeal an order of suspension, probated suspension, revocation, or cancellation of his or her driver's license entered by the Department of Public Safety. The proper filing of a petition of appeal will abate such an order until the trial has been completed and a final judgment has been entered. A citation is usually not issued, but the appellant must send a certified copy of the petition by certified mail to the Department of Public Safety. Transp. Code

Sec. 521.308

Request for Additional Items

1. Time for Request. At any time before the clerk’s record is prepared, any party may file with

the trial Court clerk a written designation specifying items to be included in the record.

2. Request Must be Specific. A party requesting that an item be included in the clerk’s record

must specifically describe the item so that the clerk can readily identify it. The clerk will disregard a general designation, such as “all papers filed in the case.”

3. Requesting Unnecessary Items. In a civil case, if a party requests that more items than

necessary be included in the clerk’s record or any supplement, the appellate Court may regardless of the appeal's outcome require that party to pay the costs for the preparation of the unnecessary portion.

4. Failure to Timely Request. An appellate Court must not refuse to file the clerk’s record or a

supplemental clerk’s record because of a failure to timely request items to be included in the clerk’s record. Supplementation If a relevant item has been omitted from the clerk’s record, the trial or appellate Court, or any party may by letter direct the trial Court clerk to prepare, certify, and file a supplement containing the

mitted item. If the appellate Court in a criminal case orders the trial Court to prepare and file

findings of fact and conclusions of law or certification of the defendant's right of appeal, the trial Court clerk must prepare, certify, and file a supplemental clerk’s record. Defects or Inaccuracies If the clerk’s record is defective or inaccurate, the appellate clerk must inform the trial Court clerk

f the defect or inaccuracy and instruct the clerk to make the correction.

Clerk’s Record Lost or Destroyed If a filing designated for inclusion in the clerk’s record has been lost or destroyed, the parties may, by written stipulation, deliver a copy of that item to the trial Court clerk for inclusion in the clerk’s record or a supplement. If the parties cannot agree, the trial Court must on any party's motion or at the appellate Court's request, determine what constitutes an accurate copy of the missing item and order it to be included in the clerk’s record or a supplement.

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Original Documents If the trial Court determines that original documents filed with the trial Court clerk should be inspected by the appellate Court or sent to that Court in lieu of copies, the trial Court must make an

rder for the safekeeping, transportation, and return of those original documents. The order must list

the original documents and briefly describe them. All the documents must be arranged in their listed sequence and bound firmly together. On any party's motion or its own initiative, the appellate Court may direct the trial Court clerk to send it any original document. Clerk May Consult With Parties The clerk may consult with the parties concerning the contents of the clerk’s record. Important Timelines Deadlines are extremely important in an appeal, as a client could lose very important rights if a deadline passes without action. Most often, unlike the trial Court, there is no grace or leave of Court granted when a deadline passes. Preparation for an appeal really begins at the trial Court level. In

rder to prevail on an appeal, the proper foundation must be laid at the trial Court level.

As a prerequisite for presenting a complaint for appellate review, a complaint must be preserved in accordance with Rule 33.1 of the Texas Rules of Appellate Procedure. Extension of Time 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). Time to Perfect Appeal Civil Cases The notice of appeal must be filed within 30 days after the judgment is signed, except as follows:

1. the notice of appeal must be filed within 90 days after the judgment is signed if any party

timely files: a motion for new trial; a motion to modify the judgment; a motion to reinstate under Texas Rule of Civil Procedure 165a; or a request for findings of fact and conclusions

f law if findings and conclusions either are required by the Rules of Civil Procedure or, if

not required, could properly be considered by the appellate Court;

2. in an accelerated appeal, the notice of appeal must be filed within 20 days after the

judgment or order is signed

3. in a restricted appeal, the notice of appeal must be filed within six months after the judgment
r order is signed; and
4. if any party timely files a notice of appeal, another party may file a notice of appeal within

the applicable period stated above or 14 days after the first filed notice of appeal, whichever is later. The appellate record must be filed in the appellate Court within 60 days after the judgment is signed, except as follows: if Rule 26.1(a) applies, within 120 days after the judgment is signed; if Rule 26.1(b) applies, within 10 days after the notice of appeal is filed; or if Rule 26.1(c) applies, within 30 days after the notice of appeal is filed.

2019 County and District Clerks’ Association of Texas Winter Education Conference

Piece of the Puzzle, Part of the Whole

Appeals—All (JP‐ County‐District) (Veramendi D)

Appeal Overview and Process for County Clerks

What is an Appeal?

◈ Disputes between private parties ◈ Jurisdictions

Courts Overview

◈ Criminal action ◈ JP / Municipal / CCL / COA

Courts Overview Appeals from Lower Courts - Justice of the Peace

◈ Case Origination

◈ Process of Perfecting ◈ Notice must include . . .

Appeals from Lower Courts - Justice of the Peace

◈ Small Claims ◈ Evictions ◈ TDCJ Offenders ◈ License Revocation

◈ With or Without

Appeals from Lower Courts - Municipal

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Appeals to Higher Courts

◈ Jurisdiction ◈ Right of Appeal ◈ Notice of Appeal ◈ Effect of Appeal ◈ Accelerated Appeals ◈ Perfecting Appeal

Appeals to Higher Courts

◈ Records and Briefs ◈ Extension of Time ◈ Motion for New Trial ◈ Request for Findings of Fact ◈ Appellate Record

Clerk’s Record

Clerk’s Responsibility

◈ Responsible for . . . ◈ Appellate Record must include . . .

◈ Courts Docket Sheet ◈ Courts Charge, findings ◈ Notice of Appeal ◈ Pretty Much EVERYTHING

Important Timelines

◈ Importance ◈ Extension of Time

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◈

◈

Questions?

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TAMES Records Submission Portal (RSP)

User Guide

Table of Contents

I

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NOTICE OF APPEAL

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NOTICE OF APPEAL

NOTICE OF APPEAL

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Appeal Overview and Process for County Clerks

Overview and Process Statutes Examples References