Tex. R. App. P. 34.5

(a) Contents. 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 the 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;

(13) in civil cases, any supersedeas bond or

certificate of cash deposit in lieu of a

bond; and

(14) subject to (b), any filing that a party

designates to have included in the

record.

(b) 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 one for “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 th e 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.

(c) Supplementation.

(1) If a relevant item has been omitted from

the clerk’s record, the trial court, the

appellate court, or any party may by

letter direct the trial court clerk to

prepare, certify, and file in the appellate

court a supplement containing the

omitted item.

(2) If the appellate court in a criminal case

orders the trial court to prepare and file

findings of fact and conclusions of law

as required by law, or certification of the

defendant's right of appeal as required by

these rules, the trial court clerk must

prepare, certify, and file in the appellate

court a supplemental clerk’s record

containing those findings and

conclusions.

(3) Any supplemental clerk’s record will be

part of the appellate record.

(d) Defects or Inaccuracies. If the clerk’s record

is defective or inaccurate, the appellate clerk

must inform the trial court clerk of the defect

or inaccuracy and instruct the clerk to make

the correction.

(e) 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.

(f) 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 order 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 d irect the

trial court clerk to send it any original

document.

(g) Additional Copies of Clerk’s Record in

Criminal Cases. In a criminal case, the

clerk’s record must be made in duplicate, and

in a case in which the death penalty was

assessed, in triplicate. The trial court clerk

must retain the copy or copies for the parties

to use with the court’s permission.

(h) Clerk May Consult With Parties. The clerk

may consult with the parties concerning the

contents of the clerk’s record.

34.5a Appendix in Lieu of Clerk’s Record in a Civil

Case

(a) Notice of Election. An appellant in a civil

case may file a notice of election with the trial

court and the court of appeals stating that the

appellant will file an appendix that replaces

the clerk’s record for the appeal. The notice

of election must be filed within 10 days a fter

the date the appellant files a notice of appeal.

(b) Time to File Original Appendix. The

appellant filing a notice of election under (a)

must file the appendix at the same time as the

appellant’s brief. Except by order of the court

under Rule 38.6(d), the brief and appendix

must be filed within 30 days —or 20 days in

an accelerated appeal—after the later of:

(1) the date the appellant filed the notice of

election under (a); or

(2) the date the reporter’s record, if any, is

filed with the court of appeals.

(c) Supplemental or Joint Appendices. If the

appellant files an appendix under (b), any

other party may file a supplemental appendix

at the same time as that party’s brief. The

parties may agree under Rule 6.6 to file a

joint appendix.

(d) Court-Directed Supplement. The court of

appeals may direct the appellant to file a

supplemental appendix containing items

described by the court of appeals. If the

appellant fails to supplement as requested,

and the record fails to establish the court of

appeals’ jurisdiction, the c ourt of appeals

may dismiss the appeal. In cases where the

court of appeals has jurisdiction, and the

appellant fails to supplement as requested,

the court of appeals may presume that the

missing items support the trial court’s

judgment.

(e) Contents of Original Appendix. The appendix

filed under (b) must contain a copy of:

(1) each document required by Rule 34.5(a)

for a civil case; and

(2) any other item referenced in the

appellant’s brief, except as provided by

(f).

(f) Contents of All Appendices. When available,

the contents of an appendix filed under this

rule must be file-stamped. An appendix must

not contain a document that was not filed

with the trial court, except:

(1) if the document was issued by the trial

court; or

(2) by agreement of the parties under Rule

6.6.

(g) Filing Requirements for All Appendices. An

appendix filed under this rule must be filed

separately from any other document, and the

pages must be consecutively numbered. An

appendix must meet the applicable filing

requirements of Rules 9.4(h), 9.8, 9.9, and

section 1.1 of Appendix C to these rul es. A

nonconforming appendix is subject to court

action under Rule 9.4(k). A conforming

appendix becomes a part of the appellate

record under Rule 34.1

(h) No Clerk’s Record. A court clerk must not

prepare or file a clerk’s record or assess a fee

for preparing a clerk’s record if a party files

an appendix under this rule.