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Chapter 27

Form 27-3

Under Tex. R. App. P. 52, in all original proceedings in the appellate courts a single document serves as the petition and brief. The petition should follow the specific formatting and filing requirements stated in Tex. R. App. P. 9 (e.g., use of 14-point font). For a corresponding petition for writ of manda­mus, see form 27-1. For a corresponding mandamus record, see form 27-2. Except under limited cir­cumstances, all documents must now be electronically filed in the appellate courts, and the requirements for doing so are set forth in Tex. R. App. P. 9. In the caption, the proper court of appeals (or the Supreme Court of Texas) should be designated. (If emergency relief is needed, a separate motion for that relief is required. Tex. R. App. P. 52.10. See form 27-4.)

No. __________

In the [Court of Appeals/Supreme Court of Texas]

Include the following if applicable.

[number] Judicial District
[city], Texas

Continue with the following.

In re [name of party seeking relief], Relator
________________________

Verification of Mandamus Record

BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared [name of attorney], known to me to be the person whose name is signed to this affidavit, and having been duly sworn upon [his/her] oath stated as follows:

“My name is [name of attorney]. I am over eighteen years of age, and I reside in [city], Texas. I am one of the attorneys representing Relator, [name of relator], in this matter.

“In my capacity as counsel for the Relator, I am familiar with the documents included in the Mandamus Record. The attached items at MR 1 through MR [number] are true and cor­rect copies of the documents they purport to be. The attached item at MR [number] is a true and correct copy of the hearing transcript as taken on [date] including the exhibits admitted as provided by the Court Reporter.”

   
[Name of attorney]

SIGNED AND SWORN TO BEFORE ME, the undersigned notary public, by [name of attor­ney] on this the [day] day of [month], [year], to certify which witness my hand and affixed seal of office.

   
Notary Public, State of Texas