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Include the following notice if a minor is named in the caption or if the document contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Request for Clerk’s Record
TO THE CLERK OF THE COURT:
[Petitioner/Respondent], [name], 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 at [city].
Pursuant to rule 34.5 of the Texas Rules of Appellate Procedure, [Petitioner/Respondent], [name], requests the clerk of the Court to prepare a record of these proceedings and forward the transcript to the [number] Court of Appeals at [city]. Specifically, [Petitioner/Respondent], [name], requests the following documents be included in the record:
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The following are examples of documents that may be requested. Select only those that are appropriate. It may be appropriate to request other documents not listed here. •Original Petition filed on [date] •Citation •Return of Citation •Original Answer filed on [date] •Final Decree of Divorce signed on [date] •Request for Findings of Fact and Conclusions of Law, including any reminders, amended requests, and additional requests •Findings of Fact and Conclusions of Law filed by the court, if any, including amended or additional findings or conclusions •Motion for New Trial filed on [date] •Order Denying Motion for New Trial signed on [date] •Notice of Appeal filed on [date] •Request for Clerk’s Record filed on [date] •Request to Court Reporter to Prepare Reporter’s Record filed on [date] •The Court’s Docketing Sheet •A certified Bill of Costs, including the cost of preparing the clerk’s record, showing credits for payments made |
If a deposit is required, please inform me, and I will take the necessary steps to remit the deposit to you.
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Include one of the following paragraphs. |
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 clerk’s record must be filed with the [number] Court of Appeals at [city] on or before [date within 60 days after order signed].
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Or |
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 clerk’s record must be filed with the [number] Court of Appeals at [city] on or before [date within 120 days after order signed].
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Or |
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 clerk’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].
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Or |
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 clerk’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].
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Continue with the following. |
[Name]
Attorney for [name]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name]