Rule 3 Appeal from Denial of Application

3.1 How to Appeal. To appeal the denial of an application, the minor must file a notice of appeal with the clerk of the court that denied the application, file a copy of the notice of appeal with the clerk of the court of appeals to which an appeal is to be taken, and advise the clerk of the court of appeals by telephone that an appeal is being taken under Chapter 33, Family Code. The minor may use Form 3A but is not required to do so. The notice of appeal must:

(a) be styled “In re Jane Doe”;

(b) state the number of the cause in the trial court;

(c) be addressed to a court of appeals with jurisdiction in the county in which the application was filed;

(d) state an intention to appeal; and

(e) be signed by the minor’s attorney.

3.2 Clerk’s Duties.

(a) Assistance in filing. The trial court clerk must give prompt assistance—in a manner designed to protect the minor’s confidentiality—to persons seeking to file an appeal. The clerk must ensure that the notice of appeal is addressed to the proper court of appeals and that the minor’s name and identifying information are not disclosed.

(b) Forwarding record to court of appeals. Upon receipt of a notice of appeal, the trial court clerk must immediately forward to the clerk of the court of appeals the notice of appeal, the clerk’s record excluding the verification page, and the reporter’s record. The trial court clerk must deliver the record to the clerk of the court of appeals by hand or send it by fax or email. The clerk must not send the record by mail.

(c) Certificate of court’s failure to rule within time prescribed by statute. If the court of appeals fails to rule on an application within the time required by Section 33.004(b), Family Code, then, upon the minor’s request, the clerk of the court of appeals must immediately issue a certificate to that effect, stating that the trial court’s order is affirmed. The clerk may use Form 3D but is not required to do so.

3.3 Proceedings in the Court of Appeals.

(a) Briefing and argument. A minor may request to be allowed to submit a brief and to present oral argument, but the court may decide to rule without a brief or oral argument.

(b) Ruling. The court of appeals—sitting in a three-judge panel—must issue a judgment affirming or reversing the trial court’s order denying the application. The court may use Form 3C but is not required to do so.

(c) Time for ruling. The court of appeals must rule on an appeal as soon as possible, subject to any postponement requested by the minor. Section 33.004(b), Family Code, states that a court must rule on an appeal by 5 p.m. on the fifth business day after the notice of appeal is filed with the court that denied the application, or if the minor requests a postponement, by 5 p.m. on the fifth business day after the date the minor states she is ready to proceed.

(d) Postponement by minor. The minor may postpone the time of ruling by written request filed either with the trial court clerk at the time she files the notice of appeal or thereafter with the court of appeals clerk. The request may be submitted on Form 3B, but use of the form is not required. The request must either specify a date on which the minor will be ready to proceed to ruling, or state that the minor will later provide a date on which she will be ready to proceed to ruling. Once the minor determines when she will be ready to proceed to ruling, she must notify the court of appeals clerk of that date in writing.

(e) Opinion.

(1) Opinion optional; must preserve confidentiality. A court of appeals may issue an opinion explaining its ruling, but it is not required to do so. An opinion that is designated for publication or public release must be written in a way to preserve the confidentiality of the identity of the minor.

(2) Time. Any opinion must issue not later than:

(A) ten business days after the day on which a notice of appeal is filed in the Supreme Court, if an appeal is taken to the Supreme Court; or

(B) sixty days after the day on which the court of appeals issued its judgment, if no appeal is taken to the Supreme Court.

(3) Transmission to Supreme Court and trial court. When the court of appeals issues an opinion, the clerk must transmit it immediately to the Supreme Court and to the trial court. If the opinion is not designated for publication or public release, the transmission must be confidential.

(f) Failure to timely rule. If the court of appeals fails to timely rule on the appeal, the trial court’s judgment is deemed to be affirmed.