TX · rules
Tex. R. App. P. 38.6
Time to File Briefs
(a) Appellant's Filing Date. Except in a habeas
corpus or bail appeal, which is governed by
Rule 31, or when an appendix is filed under
Rule 34.5a, an appellant must file a brief
within 30 days — 20 days in an accelerated
appeal — after the later of:
(1) the date the clerk’s record was filed; or
(2) the date the reporter’s record was filed.
(b) Appellee's Filing Date. The appellee's brief
must be filed within 30 days — 20 days in an
accelerated appeal — after the date the
appellant's brief was filed. In a civil case, if
the appellant has not filed a brief as provided
in this rule, an appellee may file a brief within
30 days — 20 days in an accelerated appeal
— after the date the appellant's brief was due.
(c) Filing Date for Reply Brief. A reply brief, if
any, must be filed within 20 days after the
date the appellee's brief was filed.
(d) Modifications of Filing Time. On motion
complying with Rule 10.5(b), the appellate
court may extend the time for filing a brief
and may postpone submission of the case. A
motion to extend the time to file a brief may
be filed before or after the date the brief is
due. The court may also, in the interests of
justice, shorten the time for filing briefs and
for submission of the case.
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
f9453382fc4a465dbd7c0af8306c5ab504f77b20f3e484d521cae3d58cba9968
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