Tex. 4th. Ct. App. L. R. 7.3

As amended through August 27, 2024

Rule 7.3 - Preparation of Clerk's Record

The trial court clerk must prepare and file the clerk's record in accordance with Rules 34.5 and 35. Even if more than one notice of appeal or request for inclusion of items is filed, the clerk should prepare only one record in a case. To prepare the clerk's record, the trial court clerk must:

(a) gather the documents required by Rule 34.5(a) and those requested by a party under Rule 34.5(b);

(b) start each document on a new page;

(c) include the date of filing on each document;

(d) arrange the documents in ascending chronological order, by date of filing or occurrence;

(e) start the page numbering on the front cover of the first volume of the clerk's record and continue to number all pages consecutively-including the front and back covers, tables of contents, certification page, and separator pages, if any-until the final page of the clerk's record, without regard for the number of volumes in the clerk's record, and place each page number at the bottom of each page;

(f) prepare, label, and certify the clerk's record as required by this rule;

(g) as far as practicable, include the date of signing by the judge on each order and judgment;

(h) include on the front cover of the first volume of the clerk's record, whether filed in paper or electronic form, the following information, in substantially the following form:

CLERK'S RECORD

VOLUME ____ of ____

Trial Court Cause No. ________________________________

In the _____ (District or County) Court

of _________________ County, Texas,

Honorable ___________________________________, Judge Presiding

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________________________________________, Plaintiffs)

vs.

________________________________________, Defendant(s)

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Appealed to the

(Supreme Court of Texas at Austin, Texas,

or Court of Criminal Appeals of Texas at Austin, Texas,

or Court of Appeals for the _____ District of Texas, at _______________, Texas).

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Attorney for Appellant(s):

Name: ___________________________________________

Address: __________________________________________

Telephone no.:_____________________________________

Fax no.:___________________________________________

E-mail address:______________________________________

SBOT no.:__________________________________________

Attorney for: _______________________________________, Appellant(s)

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Name of clerk preparing the clerk's record:____________________________________

(i) prepare and include after the front cover of the clerk's record a detailed table of contents identifying each document in the entire record (including sealed documents), the date each document was filed, and, except for sealed documents, the page on which each document begins. The table of contents must be double-spaced and conform to the order in which documents appear in the clerk's record, rather than in alphabetical order. If the clerk's record consists of multiple volumes, the table of contents must indicate the page on which each volume begins. If the clerk's record is filed in electronic form, the clerk must use bookmarks to link each document description in the table of contents, except descriptions of sealed documents, to the page on which each document begins; and

(j) conclude the clerk's record with a certificate in substantially the following form:

The State of Texas )

County of __________________ )

I, ________________, Clerk of the _____________ Court of _____________ County, Texas do

hereby certify that the documents contained in this record to which this

certification is attached are all of the documents specified by Texas Rule of

Appellate Procedure 34.5(a) and all other documents timely requested by a party

to this proceeding under Texas Rule of Appellate Procedure 34.5(b).

GIVEN UNDER MY HAND AND SEAL at my office in _________________________, County,

Texas ____ this day of _____________.

signature of clerk ____________________

name of clerk _______________________

title _______________________________

If the clerk's record is filed in electronic form, the trial court clerk's login and password serves as the clerk's signature on the certification page. The clerk also must include either a scanned image of the clerk's signature or "/s/" and the clerk's name typed in the space where the signature would otherwise appear.

Tex. 4th. Ct. App. L. R. 7.3