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Rule 389a. Statement of Facts: Duty of Clerk on Receiving (1984)

TEXT

Upon receipt of a statement of facts, the clerk shall ascertain if it is presented within the time allowed and also if it has been properly authenticated in accordance with these rules. If the clerk finds that the statement of facts is presented in time and has been agreed to by the parties, or approved by the trial judge, or certified by the official court reporter, the clerk shall file it forthwith; otherwise, the clerk shall endorse thereon the time of the receipt of such statement of facts, hold the same subject to the order of the Court of Appeals, and notify the party (or his attorney) tendering the statement of facts of the action and state the reasons therefor.

Amended by order of Dec. 5, 1983, eff. April 1, 1984: The requirement that the clerk determine whether the statement of facts has been received in time has been restored to conform to B. D. Click Co. v. Safari Drilling Corp., 683 S.W2d 860 (Tex. 1982).