9.1. Signing
(a) Represented Parties. If a party is represented by counsel, a document filed on that party’s behalf must be signed by at least one of the party’s attorneys. For each attorney whose name appears on a document as representing that party, the document must contain that attorney’s State Bar of Texas identification number, mailing address, telephone number, fax number, if any, and email address.
(b) Unrepresented Parties. A party not represented by counsel must sign any document that the party files and give the party’s mailing address, telephone number, fax number, if any, and email address.
(c) Electronic Signatures. A document that is electronically served, filed, or issued by a court or clerk is considered signed if the document includes:
(1) a “/s/” and name typed in the space where the signature would otherwise appear, unless the document is notarized or sworn; or
(2) an electronic image or scanned image of the signature.
9.2. Filing
(a) With Whom. A document is filed in an appellate court by delivering it to:
(1) the clerk of the court in which the document is to be filed; or
(2) a justice or judge of that court who is willing to accept delivery. A justice or judge who accepts delivery must note on the document the date and time of delivery, which will be considered the time of filing, and must promptly send it to the clerk.
(b) Filing by Mail.
(1) Timely Filing. A document received within ten days after the filing deadline is considered timely filed if:
(A) it was sent to the proper clerk by United States Postal Service or a commercial delivery service;
(B) it was placed in an envelope or wrapper properly addressed and stamped; and
(C) it was deposited in the mail or delivered to a commercial delivery service on or before the last day for filing.
(2) Proof of Mailing. Though it may consider other proof, the appellate court will accept the following as conclusive proof of the date of mailing:
(A) a legible postmark affixed by the United States Postal Service;
(B) a receipt for registered or certified mail if the receipt is endorsed by the United States Postal Service;
(C) a certificate of mailing by the United States Postal Service; or
(D) a receipt endorsed by the commercial delivery service.
(c) Electronic Filing.
(1) Requirement. Attorneys in civil cases must electronically file documents. Attorneys in criminal cases must electronically file documents except for good cause shown in a motion filed in the appellate court. Unrepresented parties in civil and criminal cases may electronically file documents, but it is not required.
(2) Mechanism. Electronic filing must be done through the electronic filing manager established by the Office of Court Administration and an electronic filing service provider certified by the Office of Court Administration.
(3) Exceptions. Documents filed under seal, subject to a pending motion to seal, or to which access is otherwise restricted by law or court order must not be electronically filed. For good cause, an appellate court may permit a party to file other documents in paper form in a particular case.
(4) Timely Filing. Unless a document must be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court’s time zone) on the filing deadline. An electronically filed document is deemed filed when transmitted to the filing party’s electronic filing service provider, except:
(A) if a document is transmitted on a Saturday, Sunday, or legal holiday, it is deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and
(B) if a document requires a motion and an order allowing its filing, the document is deemed filed on the date the motion is granted.
(5) Technical Failure. If a document is untimely due to a technical failure or a system outage, the filing party may seek appropriate relief from the court.
(6) Confirmation of Filing. The electronic filing manager will send a filing confirmation notice to the filing party.
(7) Electronic Orders, Notices, and Other Documents From the Court.
(A) In Civil Cases.
(i) Except as provided in (ii), the clerk must send orders, notices, and other documents to the parties electronically through an electronic filing system approved by the Supreme Court. A court seal may be electronic.
(ii) The clerk need not send orders, notices, or other documents electronically:
(a) when sealed or when access is otherwise restricted by law or court order; or
(b) when an unrepresented party has not provided an e-mail address.
(B) In Criminal Cases.
(i) The clerk may electronically send notices and other documents to the parties. A court seal may be electronic.
(ii) Except as provided in (iii), the clerk must send orders to the parties electronically through an electronic filing system approved by the Supreme Court. A court seal may be electronic.
(iii) The clerk need not send orders electronically:
(a) when sealed or when access is otherwise restricted by law or court order; or
(b) when an unrepresented party has not provided an e-mail address.
9.3. Number of Copies
(a) Document Filed in Paper Form. If a document is not electronically filed, a party must file the original and one unbound copy of the document unless otherwise required by local rule, except that, in the Court of Criminal Appeals, only the original must be filed of a motion for extension of time, a response to the motion, or a pleading under Code of Criminal Procedure article 11.07. The unbound copy of an appendix must contain a separate page before each document and must not include tabs that extend beyond the edge of the page.
(b) Electronically Filed Document. A party need not file a paper copy of an electronically filed document.
(c) Exception for Record. Only the original record need be filed in any proceeding.
9.4. Form
Except for the record, a document filed with an appellate court, including a paper copy of an electronically filed document, must — unless the court accepts another form in the interest of justice — be in the following form:
(a) Printing. A document may be produced by standard typographic printing or by any duplicating process that produces a distinct black image. Printing must be on one side of the paper.
(b) Paper Type and Size. The paper on which a document is produced must be 8 1/2 by 11 inches, white or nearly white, and opaque.
(c) Margins. Documents must have at least one- inch margins on both sides and at the top and bottom.
(d) Spacing. Text must be double-spaced, but footnotes, block quotations, short lists, and issues or points of error may be single- spaced.
(e) Typeface. A document produced on a computer must be printed in a conventional typeface no smaller than 14-point except for footnotes, which must be no smaller than 12- point. A typewritten document must be printed in standard 10-character-per-inch (cpi) monospaced typeface.
(f) Binding and Covering. A paper document must be bound so as to ensure that it will not lose its cover or fall apart in regular use. A paper document should be stapled once in the top left-hand corner or be bound so that it will lie flat when open. A paper petition or brief should have durable front and back covers which must not be plastic or be red, black, or dark blue.
(g) Contents of Cover. A document’s front cover, if any, must contain the case style, the case number, the title of the document being filed, the name of the party filing the document, and the name, mailing address, telephone number, fax number, if any, email address, and State Bar of Texas identification number of the lead counsel for the filing party. If a party requests oral argument in the court of appeals, the request must appear on the front cover of that party’s first brief.
(h) Appendix and Original Proceeding Record.
A paper appendix may be bound either with the document to which it is related or separately. If separately bound, the appendix must comply with paragraph (f). A paper record in an original proceeding or a paper appendix must be tabbed and indexed. An electronically filed record in an original proceeding or an electronically filed appendix that includes more than one item must contain bookmarks to assist in locating each item.
(i) Length.
(1) Contents Included and Excluded. In calculating the length of a document, every word and every part of the document, including headings, footnotes, and quotations, must be counted except the following: caption, identity of parties and counsel, statement regarding oral argument, table of contents, index of authorities, statement of the case, statement of issues presented, statement of jurisdiction, statement of procedural history, signature, proof of service, certification, certificate of compliance, and appendix.
(2) Maximum Length. The documents listed below must not exceed the following limits:
(A) A brief and response in a direct appeal to the Court of Criminal Appeals in a case in which the death penalty has been assessed, and subsequent application for a writ of habeas corpus filed pursuant to Article 11.071, Code of Criminal Procedure: 37,500 words if computer-generated, and 125 pages if not.
(B) A brief and response in an appellate court (other than a brief under subparagraph (A)) and a petition and response in an original proceeding in the court of appeals: 15,000 words if computer- generated, and 50 pages if not. In a civil case in the court of appeals, the aggregate of all briefs filed by a party must not exceed 27,000 words if computer-generated, and 90 pages if not.
(C) A reply brief in an appellate court and a reply to a response to a petition in an original proceeding in the court of appeals: 7,500 words if computer-generated, and 25 pages if not.
(D) A petition and response in an original proceeding in the Supreme Court and the Court of Criminal Appeals, except for petitions and responses in an original proceeding in a case in which the death penalty has been assessed, a petition for review and response in the Supreme Court, a petition for discretionary review in the Court of Criminal Appeals, and a motion for rehearing and response in an appellate court: 4,500 words if computer-generated, and 15 pages if not.
(E) A reply to a response to a petition for review in the Supreme Court, a reply to a response to a petition in an original proceeding in the Supreme Court and the Court of Criminal Appeals, except a reply to a response in an original proceeding in a case in which the death penalty has been assessed, and a reply to a petition for discretionary review in the Court of Criminal Appeals: 2,400 words if computer-generated, and 8 pages if not.
(F) A petition and response in an original proceeding in the Court of Criminal Appeals in a case in which the death penalty has been assessed: 9,000 words if computer-generated, and 30 pages if not.
(G) A reply to a response to a petition in an original proceeding in the Court of Criminal Appeals in a case in which the death penalty has been assessed: 4,800 words if computer- generated, and 16 pages if not.
(3) Certificate of Compliance. A computer- generated document that is subject to a word limit under this rule must include a certificate by counsel or an unrepresented party stating the number of words in the document. The person certifying may rely on the word count of the computer program used to prepare the document.
(4) Extensions. A court may, on motion, permit a document that exceeds the prescribed limit.
(j) Electronically Filed Documents. An electronically filed document must:
(1) be in text-searchable portable document format (PDF);
(2) be directly converted to PDF rather than scanned, if possible;
(3) not be locked;
(4) be combined with any appendix into one computer file, unless that file would exceed the size limit prescribed by the electronic filing manager;
(5) in civil cases, be bookmarked to assist in locating each item; and
(6) otherwise comply with the Technology Standards set by the Judicial Committee on Information Technology and approved by the Supreme Court.
(k) Nonconforming Documents. If a document fails to conform with these rules, the court may strike the document or identify the error and permit the party to resubmit the document in a conforming format by a specified deadline.
9.5. Service
(a) Service of All Documents Required. At or before the time of a document’s filing, the filing party must serve a copy on all parties to the proceeding. Service on a party represented by counsel must be made on that party’s lead counsel. Except in original proceedings, a party need not serve a copy of the record.
(b) Manner of Service.
(1) Documents Filed Electronically. A document filed electronically under Rule 9.2 must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager. If the email address of the party or attorney to be served is not on file with the electronic filing manager, the document may be served on that party or attorney under subparagraph (2).
(2) Documents Not Filed Electronically. A document that is not filed electronically may be served in person, by mail, by commercial delivery service, by fax, or by email. Personal service includes delivery to any responsible person at the office of the lead counsel for the party served.
(c) When Complete.
(1) Service by mail is complete on mailing.
(2) Service by commercial delivery service is complete when the document is placed in the control of the delivery service.
(3) Service by fax is complete on receipt.
(4) Electronic service is complete on transmission of the document to the serving party’s electronic filing service provider. The electronic filing manager will send confirmation of service to the serving party.
(d) Proof of Service. A document presented for filing must contain a proof of service in the form of either an acknowledgment of service by the person served or a certificate of service. Proof of service may appear on or be affixed to the filed document. The clerk may permit a document to be filed without proof of service, but will require the proof to be filed promptly.
(e) Certificate Requirements. For a document filed electronically in a civil case, an automated certificate of service generated by the filing party’s electronic filing service provider suffices. For a document not filed electronically in a civil case or for any document filed in a criminal case, a certificate of service must be signed by the person who made the service and must state:
(1) the date and manner of service;
(2) the name and address of each person served; and
(3) if the person served is a party’s attorney, the name of the party represented by that attorney.
9.6. Communications With the Court
Parties and counsel may communicate with the appellate court about a case only through the clerk.
9.7. Adoption by Reference
Any party may join in or adopt by reference all or any part of a brief, petition, response, motion, or other document filed in an appellate court by another party in the same case.
9.8. Protection of Minor’s Identity in Parental- Rights Termination Cases and Juvenile Court Cases
(a) Alias Defined. For purposes of this rule, an alias means one or more of a person’s initials or a fictitious name, used to refer to the person.
(b) Parental-Rights Termination Cases. In an appeal or an original proceeding in an appellate court, arising out of a case in which the termination of parental rights was at issue:
(1) except for a docketing statement, in all papers submitted to the court, including all appendix items submitted with a brief, petition, or motion:
(A) a minor must be identified only by an alias unless the court orders otherwise;
(B) the court may order that a minor’s parent or other family member be identified only by an alias if necessary to protect a minor’s identity; and
(C) all documents must be redacted accordingly;
(2) the court must, in its opinion, use an alias to refer to a minor, and if necessary to protect the minor’s identity, to the minor’s parent or other family member.
(c) Juvenile Court Cases. In an appeal or an original proceeding in an appellate court, arising out of a case under Title 3 of the Family Code:
(1) except for a docketing statement, in all papers submitted to the court, including all appendix items submitted with a brief, petition, or motion:
(A) a minor must be identified only by an alias;
(B) a minor’s parent or other family member must be identified only by an alias; and
(C) all documents must be redacted accordingly;
(2) the court must, in its opinion, use an alias to refer to a minor and to the minor’s parent or other family member.
(d) No Alteration of Appellate Record. Nothing in this rule permits alteration of the original appellate record except as specifically authorized by court order.
9.9 Privacy Protection for Documents Filed in Civil Cases.
(a) Sensitive Data Defined. Sensitive data consists of:
(1) a driver’s license number, passport number, social security number, tax identification number or similar government-issued personal identification number;
(2) a bank account number, credit card number, or other financial account number; and
(3) a birth date, home address, and the name of any person who was a minor when the underlying suit was filed.
(b) Filing of Documents Containing Sensitive Data Prohibited. Unless the inclusion of sensitive data is specifically required by a statute, court rule, or administrative regulation, an electronic or paper document containing sensitive data may not be filed with a court unless the sensitive data is redacted, except for the record in an appeal under Section Two.
(c) Redaction of Sensitive Data; Retention Requirement. Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted. The filing party must retain an unredacted version of the filed document during the pendency of the appeal and any related proceedings filed within six months of the date the judgment is signed.
(d) Notice to Clerk. If a document must contain sensitive data, the filing party must notify the clerk by:
(1) designating the document as containing sensitive data when the document is electronically filed; or
(2) if the document is not electronically filed, by including, on the upper left- hand side of the first page, the phrase: “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.”
(e) Restriction on Remote Access. Documents that contain unredacted sensitive data in violation of this rule must not be posted on the Internet.
Notes and Comments
Comment to 1997 change: This is former Rule 4. Subdivision 9.4, prescribing the form of documents filed in the appellate courts, is changed and the form to be used is stated in significantly more detail. Former subdivisions (f) and (g), regarding service of documents, are merged into subdivision 9.5. Former Rule 6 is included as subdivision 9.6, but no substantive change is made. Other changes are made throughout the rule. Electronic filing is authorized by §§ 51.801-.807 of the Government Code.
Comment to 2002 change: The change [to Rule 9.5(a)] clarifies that the filing party must serve a copy of the document filed on all other parties, not only in an appeal or review, but in original proceedings as well. The rule applies only to filing parties. Thus, when the clerk or court reporter is responsible for filing the record, as in cases on appeal, a copy need not be served on the parties. The rule for original civil proceedings, in which a party is responsible for filing the record, is stated in subdivision 52.7.
Subdivision 9.7 is added to provide express authorization for the practice of adopting by reference all or part of another party’s filing.
Comment to 2008 change: Subdivision 9.3 is amended to reduce the number of copies of a motion for extension of time or response filed in the Supreme Court. Subdivision 9.8 is new. To protect the privacy of minors in suits affecting the parent-child relationship (SAPCR), including suits to terminate parental rights, Section 109.002(d) of the Family Code authorizes appellate courts, in their opinions, to identify parties only by fictitious names or by initials. Similarly, Section 56.01(j) of the Family Code prohibits identification of a minor or a minor’s family in an appellate opinion related to juvenile court proceedings. But as appellate briefing becomes more widely available through electronic media sources, appellate courts’ efforts to protect minors’ privacy by disguising their identities in appellate opinions may be defeated if the same children are fully identified in briefs and other court papers available to the public. The rule provides protection from such disclosures. Any fictitious name should not be pejorative or suggest the person’s true identity. The rule does not limit an appellate court’s authority to disguise parties’ identities in appropriate circumstances in other cases. Although appellate courts are authorized to enforce the rule’s provisions requiring redaction, parties and amici curiae are responsible for ensuring that briefs and other papers submitted to the court fully comply with the rule.
Comment to 2012 Change: Rule 9 is revised to consolidate all length limits and establish word limits for documents produced on a computer. All documents produced on a computer must comply with the word limits. Page limits are retained for documents that are typewritten or otherwise not produced on a computer.
Comment to 2013 Change: Rule 9 is revised to incorporate rules for electronic filing, in accordance with the Supreme Court’s order – Misc. Docket No. 12-9206, amended by Misc. Docket Nos. 13-9092 and 13-9164 – mandating electronic filing in civil cases in appellate courts, effective January 1, 2014. In addition, Rule 9.9 is added to provide privacy protection for all documents, both paper and electronic, filed in civil cases in appellate courts.
Comment to 2023 Change: Rule 9.2(c)(7) is amended to implement section 80.002 of the Government Code. Nothing in Rule 9.2(c)(7) prohibits the clerk from sending orders, notices, and documents to parties by additional methods other than through an electronic filing system approved by the Supreme Court. Indeed, the clerk is strongly encouraged to use additional methods when a party is unrepresented. If a party has not provided an e-mail address and consequently compliance with Rule 9.2(c)(7) is impossible, then the clerk should use an alternative method to send orders, notices, and documents to that party.
9.10 Privacy Protection for Documents Filed in Criminal Cases.
(a) Sensitive Data Defined. Sensitive data consists of:
(1) a driver’s license number, passport number, social security number, tax identification number or similar government-issued personal identification number;
(2) bank account number, credit card number, and other financial account number;
(3) a birth date, a home address, and the name of any person who was a minor at the time the offense was committed.
(b) Redacted Filings. Unless a court orders otherwise, an electronic or paper filing with the court, including the contents of any appendices, must not contain sensitive data.
(c) Exemptions from the Redaction Requirement. The redaction requirement does not apply to the following:
(1) A court filing that is related to a criminal matter or investigation and that is prepared before the filing of a criminal charge or is not filed as part of any docketed criminal case;
(2) An arrest or search warrant;
(3) A charging document and an affidavit filed in support of any charging document;
(4) A defendant’s date of birth;
(5) A defendant’s address; and
(6) Any government issued number intended to identify the defendant associated with a criminal filing, except for the defendant’s social security number or driver’s license number.
(d) Redaction procedures. Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted. The filer must retain an unredacted version of the filed document during the pendency of the appeal and any related proceedings filed within three years of the date the judgment is signed. If a district court clerk or appellate court clerk discovers unredacted sensitive data in the record, the clerk shall notify the parties and seek a ruling from the court.
(e) Certification. The filing of a document constitutes a certification by the filer that the document complies with paragraphs (a) and (b) of this rule.
(f) Reference List. If a filer believes any information described in paragraph (a) of this rule is essential to a document or that the document would be confusing without the information, the filer may submit the information to the court in a reference list that is in paper form and under seal. The reference list must specify an appropriate identifier that corresponds uniquely to each item listed. Any reference in the document to a listed identifier will be construed to refer to the corresponding item of information. If the filer provides a reference list pursuant to this rule, the front page of the document containing the redacted information must indicate that the reference list has been, or will be, provided. On its own initiative, the court may order a sealed reference list in any case.
(g) Sealed materials. Materials that are required by statute to be sealed, redacted, or kept confidential, such as the items set out in Articles 35.29 (Personal Information About Jurors), 38.45 (Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor), and 42.12, § 9(j), must be treated in accordance with the pertinent statutes and shall not be publicly available on the internet. A court may also order that a document be filed under seal in paper form or electronic form, without redaction. The court may later unseal the document or order the filer to provide a redacted version of the document for the public record. If a court orders material sealed, whether it be sensitive data or other materials, the court’s sealing order must be affixed to the outside of the sealed container if the sealed material is filed in paper form, or be the first document that appears if filed in electronic form. Sealed portions of the clerk’s and reporter’s records should be clearly marked and separated from unsealed portions and tendered as separate records, whether in paper form or electronic form. Sealed material shall not be available either on the internet or in other form without court order.
(h) Waiver of Protection of Identifiers. A person waives the protection of this rule as to a person’s own information by filing it without redaction and not under seal.