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TX · rules

Tex. R. App. P. 35.3

Responsibility for Filing Record

activein force · 2026-02-06 – presentact-effective-date

(a) Clerk’s Record. Except when an appendix is

filed under Rule 34.5a, the trial court clerk is

responsible for preparing, certifying, and

timely filing the clerk’s record if:

(1) a notice of appeal has been filed, and

in criminal proceedings, the trial court

has certified the defendant's right of

appeal, as required by Rule 25.2(d); and

(2) the party responsible for paying for the

preparation of the clerk’s record has paid

the clerk's fee, has made satisfactory

arrangements with the clerk to pay the

fee, or is entitled to appeal without

paying the fee.

(b) Reporter’s Record. The official or deputy

reporter is responsible for preparing,

certifying, and timely filing the reporter’s

record if:

(1) a notice of appeal has been filed;

(2) the appellant has requested that the

reporter’s record be prepared; and

(3) the party responsible for paying for the

preparation of the reporter’s record has

paid the reporter’s fee, or has made

satisfactory arrangements with the

reporter to pay the fee, or is entitled to

appeal without paying the fee.

(c) Courts to Ensure Record Timely Filed. The

trial and appellate courts are jointly

responsible for ensuring that the appellate

record is timely filed. The appellate court

may extend the deadline to file the record if

requested by the clerk or reporter. Each

extension must not exceed 30 days i n an

ordinary or restricted appeal, or 10 days in an

accelerated appeal. The appellate court must

allow the record to be filed late when the

delay is not the appellant’s fault, and may do

so when the delay is the appellant’s fault. The

appellate court may enter any order necessary

to ensure the timely filing of the appellate

record.

History

Notes and Comments Comment to 1997 change: This is former Rule 54. In subdivision 35.1, the time to file the record in civil cases is based on the date the judgment is signed except in accelerated and restricted appeals, in which the time to file the record is based on the date the notice of appeal is filed. Subdivision 35.3 is new and makes it the responsibility of the trial court clerk and court reporter to file the record. Former Rule 54(c), providing for an extension of time to file the record, is repealed as unnecessary. The trial court clerk and court reporter should make arrangements with the court of appeals if additional time is required to file the record, as suggested in Rule 37.3.

Provenance

Source
txcourts.gov
Retrieved
2026-09-15
Edition
2026-09-14
Content hash
37936a761a68541cc3916e1241199f525f2f195e975dc75b7a807eb83bdf61f6
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