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Rule 376a. Form of Transcript (1973)

TEXT

(a) In making a transcript, the proceedings shall be entered in the order of time in which they occurred, as prescribed by Rule 376, unless counsel on each side shall by agreement in writing, to be itself filed and copied in the transcript, direct the clerk which of the papers shall be included and which may be left out, as being useless in the decision of the case. The judge may order any instrument included in the transcript which he deems proper. Subpoenas shall not be inserted, nor shall the citations, in case where the defendant or defendants have filed answers, unless some question is made upon them which will require them to be copied. Where a pleading has been substituted by the filing of an amended pleading, all pleadings prior to the amendment are classed as discarded pleadings and shall not be included in the transcript unless specially requested by counsel. However, where the original petition is not included in the transcript, the clerk shall note on the amended petition the date on which the original petition was filed. Trial briefs and memoranda of authorities shall not be included in the transcript. The transcript shall include a copy of the order, if any, for the transcript submitted by appellant's attorney and any request by opposing counsel for additional material. The transcript shall contain a bill of costs, and there shall be included therein the charge for the preparation of the statement of facts.

(b) In copying the proceedings inserted in the transcript, there shall be a space left between them, so that each one can readily be distinguished from the succeeding instrument. At the top of each instrument included in the transcript the clerk shall note the name of such instrument, and at the bottom thereof he shall note the date of its occurring or being filed. All judgments and orders, as far as practicable, shall show the dates upon which same were rendered. This does not mean the date the judgment or order was entered in the minutes, but means the date it was pronounced by the judge. The pages of the transcript shall be numbered in some conspicuous place.

(c) The transcript may be either typewritten or printed. If typewritten, it shall be on good heavy white paper, in good clear type not less than standard pica type, with double space between the lines, and typed on only one side of the paper, with no sheets cut or mutilated; and all the sheets upon which it is written shall be securely fastened together. When the transcript is printed, it must be on both sides of the paper, in not less than small pica type, bound and paged in pamphlet form, of octavo size, and fastened at the back; but in other respects shall conform to the rules laid down for typewritten transcripts.

(d) The caption of the transcript shall be in substantially the following form, to wit:

(CLICK HERE TO SEE CAPTION)

(e) There shall be an index on the first pages preceding the caption, giving the name and page of each proceeding, including the name and page of each instrument in writing and agreement, as it appears in the transcript. The index shall be double spaced. It shall not be alphabetical, but shall conform to the order in which the proceedings appear as transcribed.

(f) It shall conclude with a certificate under the seal of the court in substance as follows:

(CLICK HERE TO SEE CERTIFICATE)

(g) The front cover page of the transcript shall contain a statement showing the style and number of the suit, the court in which the proceeding is pending, the names and mailing addresses of the attorneys in the case, and it shall be labeled in bold type "TRANSCRIPT." The following form will be sufficient for that purpose:

(CLICK HERE TO SEE TRANSCRIPT)

The Clerk shall deliver the transcript to the party, or his coun­sel, who has applied for it, and shall in all cases indorse upon it before it finally leaves his hands as follows, to wit:

"Applied for by P. S. on the ---- day of ---, A.D. 19-, and delivered to P. S. on the --- day of --- A.D. 19-," and shall sign his name officially thereto. The same indorsement shall be made on certificates for affirmance of the judgment.

(h) In the event of a flagrant violation of this rule in the preparation of a transcript, the appellate court may require the Clerk of the trial court to amend the same or to prepare a new transcript in proper form at his own expense.

Amended by order of Oct. 3, 1972, eff. Feb. 1, 1973: Pursuant to the provisions of Rule 376-a, Texas Rules of Civil Procedure, it is ordered by the Supreme Court of Texas, that Paragraph (a) of the order relating to preparation of the transcript entered on January 20, 1944, in compliance with Rule 376-a, is amended.