Form 26-19

A copy of this request should be filed with the clerk of the trial court. See Tex. R. App. P. 34.6(b)(2). Depending on local practice, the request may be served via e-filing or e-mailed to the court reporter rather than mailed.

A copy of the notice of appeal must be delivered to each court reporter responsible for preparing the reporter’s record. Tex. R. App. P. 25.1(e).

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

Request to Court Reporter to Prepare Reporter’s Record

[Date]

CERTIFIED MAIL

RETURN RECEIPT REQUESTED

[Name and address of court reporter]

Re: Written Request for Reporter’s Record    [Cause number & style of case][Designation of trial court]

[Salutation]

Appellant, [name of appellant], has filed a Notice of Appeal in this case from the [name of order being appealed] signed on [date] by [name of judge and court] to the [number] Court of Appeals in [location].

Pursuant to rule 34.6 of the Texas Rules of Appellate Procedure, I am formally request­ing that you prepare an original of the reporter’s record, with exhibits, for the following:

1.[Hearing/Trial] held on [date[s]].

I specifically request that you include [designate parts of statement of facts (e.g., voir dire, opening and closing arguments, testimony of all witnesses, and charge conference) and exhibits]. [Include if seeking only a limited appeal: Appellant requests a partial reporter’s record for the presentation of the following issues on appeal: [list points or issues to be pre­sented].]

Please advise me immediately if you encounter problems with the preparation of this record, including the loss or inaudibility of any testimony or argument or the loss of any exhibits admitted or excluded. If, in preparing the reporter’s record, you have original exhibits that cannot be released to the court of appeals without an order from the trial court, please advise me immediately, and I will submit the appropriate motion and order to the trial court for consideration.

Please contact me on receipt of this letter to discuss the anticipated preparation time you will require. [At that time, please also let me know the fee or deposit you will require to prepare this record, and I will make prompt arrangements for payment of that amount./Pursuant to our telephone conversation, enclosed is my firm check in the amount of $[amount].] Once the reporter’s record is completed, please let me know the balance due, if any, and I will make prompt arrangements for payment of that amount.

The Notice of Appeal was filed with the Court on [date]. The [name of order being appealed] was signed on [date]. Pursuant to rule 35.1 of the Texas Rules of Appellate Proce­dure, the reporter’s record must be filed with the [number] Court of Appeals at [city] on or before [date within 60 days after order signed].

The Notice of Appeal was filed with the Court on [date]. The [name of order being appealed] was signed on [date]. Because a [Request for Findings of Fact and Conclusions of Law that [are required by the Texas Rules of Civil Procedure/are not required but could prop­erly be considered by the appellate court]/Motion for New Trial/Motion to Modify, Correct, or Reform the Judgment] was filed, rule 26.1(a) of the Texas Rules of Appellate Procedure applies and, pursuant to rule 35.1(a) of the Texas Rules of Appellate Procedure, the reporter’s record must be filed with the [number] Court of Appeals at [city] on or before [date within 120 days after order signed].

The Notice of Appeal was filed with the Court on [date]. The [name of order being appealed] was signed on [date]. Because this is an accelerated appeal, rule 26.1(b) of the Texas Rules of Appellate Procedure applies and, pursuant to rule 35.1(b) of the Texas Rules of Appellate Procedure, the reporter’s record must be filed with the [number] Court of Appeals at [city] on or before [date within 10 days after notice of appeal filed].

The Notice of Appeal was filed with the Court on [date]. The [name of order being appealed] was signed on [date]. Because this is a restricted appeal, rule 26.1(c) of the Texas Rules of Appellate Procedure applies and, pursuant to rule 35.1(c) of the Texas Rules of Appellate Procedure, the reporter’s record must be filed with the [number] Court of Appeals at [city] on or before [date within 30 days after notice of appeal filed].

If you are unable to complete the reporter’s record in time to file it as required, please notify the appellate court clerk of your estimate of when the record will be filed and send me a copy of your notice to the clerk.

By copy of this letter, I am notifying all other parties [include if applicable: through their counsel of record] of this request. I will also file the original of this letter with the clerk of this Court. If you have any questions, please feel free to call me.

Thank you in advance for your cooperation and assistance with this matter.

Sincerely yours,

   
[Name of attorney]

Enc.: Notice of Appeal[check]

c:    [name of opposing counsel]
   [District/County] ClerkTrial Court Clerk