Tex. R. App. P. FIVE app C

As amended through February 20, 2024
Appendix C - In the Supreme Court of Texas in the Court of Criminal Appeals Order Directing the Form of the Appellate Record

RULE 1. CLERK'S RECORD

1.1. Preparation of Electronic or Paper Clerk's Record.

The trial court clerk must prepare and file the clerk's record in accordance with Rules of Appellate Procedure 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 consolidated record in a case. To prepare the clerk's record, the trial court clerk must:

(a) gather the documents required by Rule of Appellate Procedure 34.5(a) and those requested by a party under Rule of Appellate Procedure 34.5(b);

(b) start each document on a new page;

(c) include the date of filing on each document;

(d) arrange the documents in ascending chronological order, by date of filing or occurrence;

(e) start the page numbering on the front cover of the first volume of the clerk's record and continue to number all pages consecutively - including the front and back covers, tables of contents, certification page, and separator pages, if any - until the final page of the clerk's record, without regard for the number of volumes in the clerk's record, and place each page number at the bottom of each page;

(f) prepare, label, and certify the clerk's record as required by this rule;

(g) as far as practicable, include the date of signing by the judge on each order and judgment;

(h) include on the front cover of the first volume, and any subsequent volumes, of the clerk's record, whether filed in paper or electronic form, the following information, in substantially the following form:

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(i) prepare and include after the front cover of the clerk's record a detailed table of contents identifying each document in the entire record (including sealed documents), the date each document was filed, and, except for sealed documents, the page on which each document begins. The table of contents must be double-spaced and conform to the order in which documents appear in the clerk's record, rather than in alphabetical order. If the clerk's record consists of multiple volumes, the table of contents must indicate the page on which each volume begins. If the clerk's record is filed in electronic form, the clerk must use bookmarks to link each document description in the table of contents, except descriptions of sealed documents, to the page on which each document begins; and

(j) conclude the clerk's record with a certificate in substantially the following form:

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If the clerk's record is filed in electronic form, the trial court clerk must include either a scanned image of the clerk's signature or "/s/" and the clerk's name typed in the space where the signature would otherwise appear.

1.2. Filing an Electronic Clerk's Record.

Unless the clerk receives permission from the appellate court to file the record in paper form, the clerk must file the record electronically. When filing a clerk's record in electronic form, the trial court clerk must:

(a) file each computer file in text-searchable Portable Document Format

(PDF);

(b) create electronic bookmarks to mark the first page of each document in the clerk's record;

(c) limit the size of each computer file to 100 MB or less, if possible;

(d) directly convert, rather than scan, the record to PDF, if possible;

(e) comply with the Technology Standards set by the Judicial Committee on Information Technology;

(f) include the following elements in the computer file name, exemplified as CR (01 of 02).pdf:

(1) "CR";

(2) the volume number, using at least two digits, with leading zeroes if needed; "of"; and the total number of volumes;

(3) a period; and

(4) "pdf";

(g) file each sealed document separately from the remainder of the clerk's record and include the word "sealed" in the computer file name;

(h) if filing a supplement to the clerk's record, include the number of the supplement and "Supp";

(i) submit each computer file to the Texas Appeals Management and E-filing System (TAMES) web portal using the instructions provided on the appellate court's website; and

(j) not lock any document that is part of the record.

1.3. Filing a Paper Clerk's Record.

When filing a paper record with the appellate court, the trial court clerk must:

(a) bind the documents together in one or more volumes with a top bound, two-inch capacity, two-and-three-quarter-inch, center-to-center removable fastener and no other binding materials, like wax, ribbon, glue, staples, tape, etc.;

(b) include no more than 500 pages in each volume, or limit the thickness of each volume to a maximum of two inches;

(c) include only one-sided copies in the clerk's record;

(d) number the first volume "1" and each succeeding volume sequentially;

(e) if practicable, make a legible copy of the documents on opaque, white, 81/2 x 11 inch paper; and

(f) place each sealed document in a securely sealed, manila envelope that is not bound with the other documents in the clerk's record.

1.4. Non-Conforming Records and Supplements.

In the event of a material violation of this rule in the preparation or filing of the clerk's record, on motion of a party or on its own initiative, the appellate court may require the trial court clerk to amend the clerk's record or to prepare a 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 trial clerk's expense. A supplement to a clerk's record must also be prepared in conformity with this rule.

RULE 2. ELECTRONIC REPORTER'S RECORD.

(a) The court reporter or court recorder must prepare and file the reporter's record in accordance with Rules of Appellate Procedure 34.6 and 35 and the Uniform Format Manual for Texas Reporters' Records, and the court's local rules. Even if more than one notice of appeal or request for preparation of the record is filed, the court reporter or court recorder should prepare only one consolidated record in the case.

(b) If proceedings were recorded stenographically, the court reporter or recorder must file the reporter's record in an electronic format via the Texas Appeals Management and E-filing System (TAMES) web portal and in accordance with Section 8 of the Uniform Format Manual for Texas Reporters' Records, the court's local rules, and any guidelines posted on the appellate court's website.

(c) If the record is filed in electronic format, the court reporter or recorder must include either a scanned image of any required signature or "/s/" and name typed in the space where the signature would otherwise appear.

(d) A court reporter or recorder must not lock any document that is part of the record.

(e) In exhibit volumes, the court reporter or recorder must create bookmarks to mark the first page of each exhibit document.

(f) In the event of a material violation of this rule 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 or court recorder 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 or recorder's expense. A court reporter who fails to comply with the requirements of the Uniform Format Manual for Texas Reporters' Records is also subject to discipline by the Court Reporters Certification Board.

Tex. R. App. P. FIVE app C

Amended April 8, 1999, effective 5/1/1999; Amended December 13, 2013, effective 1/1/2014.