Third Court of Appeals | Practice Before the Court (continued)

Practice Before the Court

The Clerk will issue the mandate to the clerk of the trial court according to the time periods provided by Texas Rule of Appellate Procedure 18.1. A party may request a stay of the mandate pending the United States Supreme Court's disposition of a petition for writ of certiorari. Tex. R. App. P. 18.2.
On the issuance of the mandate in each case, the clerk shall notify the attorneys of record in the case that the exhibits may be withdrawn by that party or party's attorney of record; and exhibits will be destroyed three years after the final disposition of the case or at an earlier date if ordered by the court. See Tex. Gov't Code Ann. § 51.204(b) (West Supp. 2002). If a party desires that an exhibit be returned to the trial court clerk's office, that party must ensure that the judge's order transmitting the exhibit so specifies. Tex. R. App. P. 34.5(f), 34.6(g), Tex. R. App. P. Appendix, "Order Regarding Disposition of Court Papers in Civil Cases." If such an order is obtained, the Clerk will notify counsel that counsel must pick up the exhibit and transmit it to the appropriate trial court clerk's office. If an exhibit was submitted by more than one party and the parties or their attorneys of record desire to withdraw the exhibit, the Clerk will make the necessary copies and prorate the cost among all those desiring the exhibit.

If a notice of bankruptcy is filed, the appeal is suspended. Tex. R. App. P. 8.1, 8.2; 11 U.S.C. § 362 (2000). The Court will take no further action in the cause other than to receive and hold with the other papers in the cause any documents tendered during the period of suspension. Tex. R. App. P. 8.2. A document filed by a party while the proceeding is suspended will be deemed filed on the same day, but after, the Court reinstates or severs the appeal and will not be considered ineffective because it was filed while the proceeding was suspended. Id. Unless a party successfully moves for reinstatement or severance, the Clerk's office will show the appeal as an inactive cause on the Court's docket. Tex. R. App. P. 8.3(a), (b).
If at any time it appears to the Court that a bankruptcy problem may exist, the Clerk of the court will request clarification from the parties, and, if necessary, a notice of bankruptcy complying with Texas Rule of Appellate Procedure 8.1.

The Court welcomes suggestions concerning this memorandum. Please address any comments to the Clerk.

Updated: 5-Mar-2007