TX · rules
Tex. R. App. P. 9.4
Form
Except for the record, a document filed with an
appellate court, including a paper copy of an
electronically filed document, must — unless the court
accepts another form in the interest of justice — be in
the following form:
(a) Printing. A document may be produced by
standard typographic printing or by any
duplicating process that produces a distinct
black image. Printing must be on one side of
the paper.
(b) Paper Type and Size. The paper on which
a document is produced must be 8 1/2 by 11
inches, white or nearly white, and opaque.
(c) Margins. Documents must have at least one -
inch margins on both sides and at the top and
bottom.
(d) Spacing. Text must be double-spaced, but
footnotes, block quotations, short lists, and
issues or points of error may be single -
spaced.
(e) Typeface. A document produced on a
computer must be printed in a conventional
typeface no smaller than 14-point except for
footnotes, which must be no smaller than 12-point. A typewritten document must be
printed in standard 10 -character-per-inch
(cpi) monospaced typeface.
(f) Binding and Covering. A paper document
must be bound so as to ensure that it will not
lose its cover or fall apart in regular use. A
paper document should be stapled once in the
top left-hand corner or be bound so that it will
lie flat when open. A paper petition or brief
should have durable front and back covers
which must not be plastic or be red, black, or
dark blue.
(g) Contents of Cover. A document's front cover,
if any, must contain the case style, the case
number, the title of the document being filed,
the name of the party filing the document,
and the name, mailing address, telephone
number, fax number, if any, email address,
and State Bar of Texas identification number
of the lead counsel for the filing party. If a
party requests oral argument in the court of
appeals, the request must appear on the front
cover of that party’s first brief.
(h) Appendix and Original Proceeding Record.
A paper appendix may be bound either with
the document to which it is related or
separately. If separately bound, the appendix
must comply with paragraph (f). A paper
record in an original proceeding or a paper
appendix must be tabbed and indexed. An
electronically filed record in an original
proceeding or an electronically filed
appendix that includes more than one item
must contain bookmarks to assist in locating
each item.
(i) Length.
(1) Contents Included and Excluded. In
calculating the length of a document,
every word and every part of the
document, including headings,
footnotes, and quotations, must be
counted except the following: caption,
identity of parties and counsel, statement
regarding oral argument, table of
contents, index of authorities, statement
of the case, statement of issues
presented, statement of jurisdiction,
statement of procedural history,
signature, proof of service, certification,
certificate of compliance, and appendix.
(2) Maximum Length. The documents listed
below must not exceed the following
limits:
(A) A brief and response in a direct
appeal to the Court of Criminal
Appeals in a case in which the death
penalty has been assessed, and
subsequent application for a writ of
habeas corpus filed pursuant to
Article 11.071, C ode of Criminal
Procedure: 37,500 words if
computer-generated, and 125 pages
if not.
(B) A brief and response in an appellate
court (other than a brief under
subparagraph (A)) and a petition
and response in an original
proceeding in the court of appeals:
15,000 words if computer -
generated, and 50 pages if not. In a
civil case in the court of appeals, the
aggregate of all briefs filed by a
party must not exceed 27,000 words
if computer-generated, and 90 pages
if not.
(C) A reply brief in an appellate court
and a reply to a response to a
petition in an original proceeding in
the court of appeals: 7,500 words if
computer-generated, and 25 pages if
not.
(D) A petition and response in an
original proceeding in the Supreme
Court and a petition for review and
response in the Supreme Court:
6,500 words if computer-generated,
and 20 pages if not, inclusive of the
introduction.
(E) A petition and response in an
original proceeding in the Court of
Criminal Appeals, except for
petitions and responses in an
original proceeding in a case in
which the death penalty has been
assessed, a petition for discretionary
review in the Court of Criminal
Appeals, and a motion for rehearing
and response in an appellate court:
4,500 words if computer-generated,
and 15 pages if not.
(F) A reply to a response to a petition in
an original proceeding in the
Supreme Court and a reply to a
response to a petition for review in
the Supreme Court: 3,250 words if
computer-generated, and 10 pages if
not.
(G) A motion and response to a motion
in the Supreme Court, other than a
motion for rehearing and response
to a motion for rehearing: 2,500
words if computer-generated, and
10 pages if not.
(H) A reply to a response to a petition in
an original proceeding in the Court
of Criminal Appeals, except a reply
to a response in an original
proceeding in a case in which the
death penalty has been assessed, and
a reply to a petition for discretionary
review in the Court of Criminal
Appeals: 2,400 words if computer-generated, and 8 pages if not.
(I) A petition and response in an
original proceeding in the Court of
Criminal Appeals in a case in which
the death penalty has been assessed:
9,000 words if computer-generated,
and 30 pages if not.
(J) A reply to a response to a petition in
an original proceeding in the Court
of Criminal Appeals in a case in
which the death penalty has been
assessed: 4,800 words if computer -
generated, and 16 pages if not.
(3) Certificate of Compliance. A computer-generated document that is subject to a
word limit under this rule must include a
certificate by counsel or an
unrepresented party stating the number
of words in the document. The person
certifying may rely on the word count of
the computer program used to prepare
the document.
(4) Extensions. A court may, on motion,
permit a document that exceeds the
prescribed limit.
(j) Electronically Filed Documents. An
electronically filed document must:
(1) be in text-searchable portable document
format (PDF);
(2) be directly converted to PDF rather
than scanned, if possible;
(3) not be locked;
(4) be combined with any appendix into one
computer file, unless that file would
exceed the size limit prescribed by the
electronic filing manager;
(5) in civil cases, be bookmarked to assist in
locating each item; and
(6) otherwise comply with the Technology
Standards set by the Judicial Committee
on Information Technology and
approved by the Supreme Court.
(k) Nonconforming Documents. If a document
fails to conform with these rules, the court
may strike the document or identify the error
and permit the party to resubmit the
document in a conforming format by a
specified deadline.
History
Notes and Comments Comment to 1997 change: This is former Rule 4. Subdivision 9.4, prescribing the form of documents filed in the appellate courts, is changed and the form to be used is stated in significantly more detail. Former subdivisions (f) and (g), regarding service of documents, are merged into subdivision 9.5. Former Rule 6 is included as subdivision 9.6, but no substantive change is made. Other changes are made throughout the rule. Electronic filing is authorized by §§ 51.801-.807 of the Government Code. Comment to 2002 change: The change [to Rule 9.5(a)] clarifies that the filing party must serve a copy of the document filed on all other parties, not only in an appeal or review, but in original proceedings as well. The rule applies only to filing parties. Thus, when the clerk or court reporter is responsible for filing the record, as in cases on appeal, a copy need not be served on the parties. The rule for original civil proceedings, in which a party is responsible for filing the record, is stated in subdivision 52.7. Subdivision 9.7 is added to provide express authorization for the practice of adopting by reference all or part of another party's filing. Comment to 2008 change: Subdivision 9.3 is amended to reduce the number of copies of a motion for extension of time or response filed in the Supreme Court. Subdivision 9.8 is new. To protect the privacy of minors in suits affecting the parent-child relationship (SAPCR), including suits to terminate parental rights, Section 109.002(d) of the Family Code authorizes appellate courts, in their opinions, to identify parties only by fictitious names or by initials. Similarly, Section 56.01(j) of the Family Code prohibits identification of a minor or a minor's family in an appellate opinion related to juvenile court proceedings. But as appellate briefing becomes more widely available through electronic media sources, appellate courts' efforts to prote ct minors' privacy by disguising their identities in appellate opinions may be defeated if the same children are fully identified in briefs and other court papers available to the public. The rule provides protection from such disclosures. Any fictitious name should not be pejorative or suggest the person's true identity. The rule does not limit an appellate court's authority to disguise parties' identities in appropriate circumstances in other cases. Although appellate courts are authorized to enforce the rule's provisions requiring redaction, parties and amici curiae are responsible for ensuring that briefs and other papers submitted to the court fully comply with the rule. Comment to 2012 Change: Rule 9 is revised to consolidate all length limits and establish word limits for documents produced on a computer. All documents produced on a computer must comply with the word limits. Page limits are retained for documents that ar e typewritten or otherwise not produced on a computer. Comment to 2013 Change: Rule 9 is revised to incorporate rules for electronic filing, in accordance with the Supreme Court's order - Misc. Docket No. 12- 9206, amended by Misc. Docket Nos. 13-9092 and 13- 9164 - mandating electronic filing in civil cases in appellate courts, effective January 1, 2014. In addition, Rule 9.9 is added to provide privacy protection for all documents, both paper and electronic, filed in civil cases in appellate courts. Comment to 2023 Change: Rule 9.2(c)(7) is amended to implement section 80.002 of the Government Code. Nothing in Rule 9.2(c)(7) prohibits the clerk from sending orders, notices, and documents to parties by additional methods other than through an electronic filing system approved by the Supreme Court. Indeed, the clerk is strongly encouraged to use additional methods when a party is unrepresented. If a party has not provided an e-mail address and consequently compliance with Rule 9.2(c)(7) is impossible, th en the clerk should use an alternative method to send orders, notices, and documents to that party.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
ba7219857a0f54e05a141f33ff666ae809da30a8779cc1371b812b392c15186e
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