TX · rules
Tex. R. App. P. 35.3
Responsibility for Filing Record
(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 Former Rule 54(c), providing for an extension of time to file the record, is repealed as unnecessary.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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