Tex. R. App. P. 38.1

The appellant’s brief must, under appropriate

headings and in the order here indicated, contain the

following:

(a) Identity of Parties and Counsel. The brief

must give a complete list of all parties to the

trial court’s judgment or order appealed from,

except as otherwise provided in Rule 9.8. The

brief must also give a complete list of the

names of all counsel appearing in the trial or

appellate courts; their firm or office name at

the time of the appearance; and, for counsel

currently appearing, their mailing address,

telephone number, and email address. If new

counsel appears or if any counsel currently

appearing changes their firm or office

affiliation during the pendency of the appeal,

lead counsel for the party must notify the

clerk by filing a supplemental disclosure.

(b) Table of Contents. The brief must have a

table of contents with references to the pages

of the brief and, in civil cases, be bookmarked

to assist in locating each item. The table of

contents must indicate the subject matter of

each issue or point, or group of issues or

points.

(c) Index of Authorities. The brief must have an

index of authorities arranged alphabetically

and indicating the pages of the brief where

the authorities are cited.

(d) Statement of the Case. The brief must state

concisely the nature of the case (e.g., whether

it is a suit for damages, on a note, or involving

a murder prosecution), the course of

proceedings, and the trial court’s disposition

of the case. The statement should be

supported by record references, should

seldom exceed one-half page, and should not

discuss the facts.

(e) Any Statement Regarding Oral Argument.

The brief may include a statement explaining

why oral argument should or should not be

permitted. Any such statement must not

exceed one page and should address how the

court’s decisional process would, or would

not, be aided by oral argument. As requir ed

by Rule 39.7, any party requesting oral

argument must note that request on the front

cover of the party’s brief.

(f) Issues Presented. The brief must state

concisely all issues or points presented for

review. The statement of an issue or point

will be treated as covering every subsidiary

question that is fairly included.

(g) Statement of Facts. The brief must state

concisely and without argument the facts

pertinent to the issues or points presented. In

a civil case, the court will accept as true the

facts stated unless another party contradicts

them. The statement must be supported by

record references.

(h) Summary of the Argument. The brief must

contain a succinct, clear, and accurate

statement of the arguments made in the body

of the brief. This summary must not merely

repeat the issues or points presented for

review.

(i) Argument. The brief must contain a clear and

concise argument for the contentions made,

with appropriate citations to authorities and

to the record.

(j) Prayer. The brief must contain a short

conclusion that clearly states the nature of the

relief sought.

(k) Appendix in Civil Cases.

(1) Necessary Contents. The appendix must

be bookmarked to assist in locating each

item and, unless voluminous or

impracticable, must contain a copy of:

(A) the trial court’s judgment or

other appealable order from which

relief is sought;

(B) the jury charge and verdict, if any,

or the trial court’s findings of fact

and conclusions of law, if any; and

(C) the text of any rule, regulation,

ordinance, statute, constitutional

provision, or other law (excluding

case law) on which the argument is

based, and the text of any contract or

other document that is central to the

argument.

(2) Optional Contents. The appendix may

contain any other item pertinent to the

issues or points presented for review,

including copies or excerpts of relevant

court opinions, laws, documents on

which the suit was based, pleadings,

excerpts from the reporter’s record, and

similar material. Items should not be

included in the appendix to attempt to

avoid the page limits for the brief.