Opinion
01-23-00191-CV
03-26-2024
Tara Thomas v. Michael Placke
280th District Court of Harris County, Trial court case number: 2022-79647.
ORDER
Sarah Beth Landau, Judge.
Appellant Tara Thomas has filed a Motion for Leave to File Official Court Record, which the Court construes as a motion to supplement the appellate record in this appeal.
Texas Rule of Appellate Procedure 34 sets out the procedure appellant should follow for supplementing either the clerk's record or the reporter's record with omitted items. Under Rule 34.5(c), "[i]f a relevant item has been omitted from the clerk's record, . . . any party may by letter direct the trial court clerk to prepare, certify, and file in the appellate court a supplement containing the omitted item." Tex.R.App.P. 34.5(c). "Any supplemental clerk's record will be part of the appellate record." Id.
The same is true for supplemental reporter's records. Under Rule 34.6(d), "[i]f anything relevant is omitted from the reporter's record, . . . any party may by letter direct the official court reporter to prepare, certify, and file in the appellate court a supplemental reporter's record containing the omitted items." Tex.R.App.P. 34.6(d). "Any supplemental reporter's record is part of the appellate record." Id.
Under these Rules, appellant's request to supplement the appellate record must be directed to either the trial court clerk or the official court reporter, as appropriate.
Because appellant's Motion for Leave to File Official Court Record does not comply with that procedure it is DENIED.
It is so ORDERED.