TX · rules

Tex. R. App. P. 38.5

Appendix for Cases Recorded Electronically

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

In cases where the proceedings were

electronically recorded, the following rules apply:

(a) Appendix.

(1) In General. At or before the time a

party's brief is due, the party must file

one copy of an appendix containing a

transcription of all portions of the

recording that the party considers

relevant to the appellate issues or points.

Unless another party objects, the

transcription will be presumed accurate.

(2) Repetition Not Required. A party's

appendix need not repeat evidence

included in any previously filed

appendix.

(3) Form. The form of the appendix and

transcription must conform to any

specifications of the Supreme Court and

Court of Criminal Appeals concerning

the form of the reporter’s record except

that it need not have the reporter’s

certificate.

(4) Notice. At the time the appendix is filed,

the party must give written notice of the

filing to all parties to the trial court's

judgment or order. The notice must

specify, by referring to the index

numbers in the court recorder's logs,

those parts of the r ecording that are

included in the appendix. The filing

party need not serve a copy of the

appendix but must make a copy available

to all parties for inspection and copying.

(b) Presumptions. The same presumptions that

apply to a partial reporter’s record under Rule

34.6(c)(4) apply to the parties' appendixes.

The appellate court need not review any part

of the electronic recording.

may direct or allow a party to file a

supplemental appendix containing a

transcription of additional portions of the

recording.

(d) Inability to Pay. A party who cannot pay the

cost of an appendix must file the affidavit

provided for by Rule 20. The party must also

state in the affidavit or a supplemental

affidavit that the party has neither the access

to the equipment necessary nor the skill

necessary to prepare the appendix. If a

contest to the affidavit is not sustained by

written order, the court recorder must

transcribe or have transcribed those portions

of the recording that the party designates and

must file the transcription as that party's

appendix, along with all exhibits.

(e) Inaccuracies.

(1) Correction by Agreement. The parties

may agree to correct an inaccuracy in the

transcription of the recording.

(2) Correction by Appellate or Trial Court.

If the parties dispute whether an

electronic recording or transcription

accurately discloses what occurred in the

trial court but cannot agree on

corrections, the appellate court may:

(A) settle the dispute by reviewing

the recording; or

(B) submit the dispute to the trial

court, which must — after notice

and hearing — settle the dispute and

ensure that the recording or

transcription is made to conform to

what occurred in the trial court.

(f) Costs. The actual expense of preparing the

appendixes or the amount prescribed for

official reporters, whichever is less, is taxed

as costs. The appellate court may disallow the

cost of any portion of the appendixes that it

considers surplusage or that does not

conform to any specifications prescribed by

the Supreme Court or Court of Criminal

Appeals.

History

Notes and Comments Comment to 1997 change: This is former Rule 74. The rule is substantially rewritten. Paragraph 38. 1(e) now specifically allows a party to either present issues or points of error. Paragraphs 38.1(f) and (g) are new and require a brief to include a statement of facts and summary of the argument. Paragraph 38.2(b) is new and gives specific requirements for cross-points. See also TEX. R. CIV. P. 324(c). Subdivision 38.3 is new and provides for a reply brief. Subdivision 38.4 imposes a total brief limit of 90 pages on each party. Thus, if more than one party has filed a notice of appeal, there will be multiple appellant’s, appellee’s, and reply briefs, but each party is limited to a total of 90 pages. Subdivision 38.5 is new and provides for an appendix in cases recorded electronically in the trial court. Paragraph 38.6(b) now provides that the appellee has 30 — rather than 25 — days to file a brief. The provisions of former Rules 74(I) (Number of Copies), (j) (Briefs Typewritten or Printed), and (q) (Service of Briefs) are omitted as unnecessary. See Rule 9. Comment to 2002 change: Rule 38.6(d) is amended to clarify that an appellate court may postpone the filing of any brief, not just the appellant's brief. Comment to 2008 change: A party may choose to include a statement in the brief regarding oral argument. The optional statement does not count toward the briefing page limit.

Provenance

Source: txcourts.gov
Retrieved: 2026-09-15
Edition: 2026-09-14
Content hash: 20134b5dcdbe429394ac16544bf307cfb024d1254fd04bfbcc162e93e90d4183

View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs