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Rule 388. Transcript Filed With Court of Civil Appeals (Dec1941)

TEXT

The clerks of the Courts of Civil Appeals shall receive the transcripts delivered and sent to them, and receipt for same if required; but they shall not be required to take a transcript out of the post­office or an express office, unless the postage or charges thereon be fully paid. Upon receipt of the transcript, it shall be the duty of the clerk to examine it in order to ascertain whether or not, in case of an appeal, notice of appeal and a proper appeal bond or affidavit in lieu thereof (where bond is required) have been given; and in case of a writ of error, whether or not the petition and bond or affidavit in lieu thereof (where bond is required) appear to have been filed. If it seems to him that the appeal or writ of error has not been duly perfected, he shall note on the transcript the day of its reception and refer the matter to the court. If upon such reference the court shall be of the opinion that the transcript shows that the appeal or writ of error has been duly perfected, they shall order the transcript to be filed as of the date of its reception. If not, they shall cause notice of the defect to issue to the attorneys of record of the appellant, to the end that they may take steps to amend the record, if it can be done; for doing which a reasonable time shall be allowed. If the transcript does not show the jurisdiction of the court, and if after notice it be not amended, the appeal shall be dismissed.

Amended by order of Sept. 20, 1941, eff. Dec. 31, 1941: Amended by stricking out the words, in the second sentence reading, "notice of appeal has been given," and substituting therefor the words, "notice of appeal and a proper appeal bond or affidavit in lieu thereof (where bond is required) have been given." Also in the last sentence the word "appeal" has been substituted for the word "case."