Opinion
NUMBER 13-17-00032-CV
04-24-2017
RACHEL SARAH RUIZ, Appellant, v. LARRY DELL NORRIS, Appellee.
On appeal from the 261st District Court of Travis County, Texas.
ORDER
Before Justices Contreras, Benavides, and Longoria
Order Per Curiam
Appellant, Rachel Sarah Ruiz, appeals from a final decree of divorce. This cause is before the Court on appellant's motion to order the court reporter to file the record. Appellant is proceeding pro se and states to this Court that a complete reporter's record has not been filed. The clerk's record reflects appellant filed an affidavit of inability to pay costs on February 8, 2016, and does not reflect that a contest was filed. Appellant filed a Statement of Inability to Afford Payment of Court Costs with this Court on January 25, 2017, and no contest to this statement has been filed with this Court.
This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See Tex. Gov't Code Ann. § 73.001 (West, Westlaw through 2015 R.S.).
A partial reporter's record was filed by Shana Wise on March 27, 2017, and a partial reporter's record was filed by Dora Canizales on April 5, 2017. A reporter's record has not been filed by Leah Hayes. Reporter Leah Hayes has notified this Court that she has not completed the record because payment has not been made.
Texas Rule of Civil Procedure 145 governs a party's claim that the party is unable to afford costs for preparation of the appellate record. See TEX. R. CIV. P. 145. A party who files a statement of inability to afford payments of court costs cannot be required to pay costs except by order of the court. See id. R. 145(a). Costs are defined to include "fees charged by the clerk or court reporter for preparation of the appellate record." Id. R. 145(c). Texas Rule of Appellate Procedure 20.1(b)(1) provides that when a party files a statement of inability to afford payment of court costs in the trial court, the party is not required to pay costs in the appellate court unless the trial court overruled the party's claim of indigence by order under Texas Rule of Civil Procedure 145. See TEX. R. APP. P. 20.1(b)(1).
When a party requests preparation of a reporter's record but cannot make arrangements to pay for it, the court reporter may move to require the party to prove her inability to afford costs. See TEX. R. CIV. P. 145(f)(3). Our review of the record shows that court reporter Leah Hayes has not moved to require appellant to prove her inability to afford costs. Instead, this Court received a signed notice from court reporter Leah Hayes that she has not completed the record in this case "due to the record not being paid for by [appellant]." While we understand that record preparation often times involves substantial expense, we emphasize that "[a]ccess to the civil justice system cannot be denied because a person cannot afford to pay court costs." See id., cmt. (2016). Court reporter Leah Hayes's notice in this case is not a proper challenge to appellant's claim of inability to afford costs under Texas Rule of Civil Procedure 145.
Accordingly, having fully examined appellant's motion and the record before us, this Court hereby ORDERS reporter Leah Hayes to file the reporter's record in this case within 30 days of this order.
The Clerk of this Court is ORDERED to serve a copy of this order on Leah Hayes by certified mail, return receipt requested.
PER CURIAM Delivered and filed the 24th day of April, 2017.