Loading…
5th Court of Appeals Local Rules, as registered in the statewide TOPICs local-rules registry (posted 01/01/2023). The operative requirements are quoted verbatim; the registered document is the controlling text.
In the event of a conflict between these local rules and the Texas Rules of Appellate Procedure or any other state statute or rule, the Texas Rules of Appellate Procedure, statute, or rule shall control. … 9.1) Counsel or a party proceeding pro se shall file a notice of change of address, telephone number, or facsimile number within ten (10) days of the date of the change. … The notice shall include the style and cause number of each case the notifying party has pending before the Court. … If there is more than one appellant or appellee, counsel shall be expected to announce to the Court, at docket call, how the time is to be divided among the parties. … Requests for additional time must be made by written motion filed at least ten (10) days prior to the scheduled submission date. … 42.1) In the event a civil case settles before submission, the parties shall notify the Clerk by filing an appropriate motion. … The motion shall specify (1) the manner of disposition, and (2) the parties' agreement on the allocation of costs of appeal. … 4) The cross-appellant's reply brief. b) The aggregate of all briefs filed by a party must not exceed 37,500 words if computer- generated, or 125 pages if not. … The documents listed below must not exceed the following limits: … 7,500 words if computer-generated, and 25 pages if not. c) Cross-appellant's reply brief shall be limited to arguments made in reply to the arguments in cross-appellee's brief and should not address arguments made in appellant's reply brief. d) The deadlines for filing the briefs are:
Reviewer note: Operative mandatory-language provisions quoted verbatim from the registered document; the full document (sha256 5fefaf4b50ff…) is the controlling text.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.