What do the Texas Rules of Appellate Procedure cover?
The Texas Rules of Appellate Procedure (TRAP) govern how appeals and original proceedings are handled in Texas appellate courts, including the Courts of Appeals, the Texas Supreme Court, and the Texas Court of Criminal Appeals. They set the requirements for filing deadlines, briefs, motions, and records in both civil and criminal appeals across the state.
How do the TRAP differ from the Federal Rules of Appellate Procedure?
The TRAP apply only to Texas state appellate courts, while the Federal Rules of Appellate Procedure govern appeals in the U.S. Circuit Courts of Appeals. If you are appealing a decision from a federal district court in Texas, you would follow the federal rules rather than the TRAP, even though the case is physically in Texas.
Where in the TRAP can I find rules about briefing deadlines and requirements?
Rules 38 through 40 of the TRAP address the content, length, and format of briefs, while Rule 9 covers general filing requirements and deadlines for documents. If you are looking for when a brief is due after the clerk's record is filed, Rule 38.6 is the place to start.