Rule 34.5a - Appendix in Lieu of Clerk's Record in a Civil Case(a)Notice of Election. An appellant in a civil case may file a notice of election with the trial court and the court of appeals stating that the appellant will file an appendix that replaces the clerk's record for the appeal. The notice of election must be filed within 10 days after the date the appellant files a notice of appeal. (b)Time to File Original Appendix. The appellant filing a notice of election under (a) must file the appendix at the same time as the appellant's brief. Except by order of the court under Rule 38.6(d), the brief and appendix must be filed within 30 days-or 20 days in an accelerated appeal-after the later of: (1) the date the appellant filed the notice of election under (a); or(2) the date the reporter's record, if any, is filed with the court of appeals. (c)Supplemental or Joint Appendices. If the appellant files an appendix under (b), any other party may file a supplemental appendix at the same time as that party's brief. The parties may agree under Rule 6.6 to file a joint appendix. (d)Court-Directed Supplement. The court of appeals may direct the appellant to file a supplemental appendix containing items described by the court of appeals. If the appellant fails to supplement as requested, and the record fails to establish the court of appeals' jurisdiction, the court of appeals may dismiss the appeal. In cases where the court of appeals has jurisdiction, and the appellant fails to supplement as requested, the court of appeals may presume that the missing items support the trial court's judgment. (e)Contents of Original Appendix. The appendix filed under (b) must contain a copy of: (1) each document required by Rule 34.5(a) for a civil case; and(2) any other item referenced in the appellant's brief, except as provided by (f). (f)Contents of All Appendices. When available, the contents of an appendix filed under this rule must be file-stamped. An appendix must not contain a document that was not filed with the trial court, except: (1) if the document was issued by the trial court; or (2) by agreement of the parties under Rule 6.6. (g)Filing Requirements for All Appendices. An appendix filed under this rule must be filed separately from any other document, and the pages must be consecutively numbered. An appendix must meet the applicable filing requirements of Rules 9.4(h), 9.8, 9.9, and section 1.1 of Appendix C to these rules. A nonconforming appendix is subject to court action under Rule 9.4(k). A conforming appendix becomes a part of the appellate record under Rule 34.1(h)No Clerk's Record. A court clerk must not prepare or file a clerk's record or assess a fee for preparing a clerk's record if a party files an appendix under this rule.Adopted effective 1/1/2024; amended effective 4/30/2024.Notes and Comments
Comment to 2024 Change: New Rule 34.5a is added to implement Texas Civil Practice and Remedies Code section 51.018. It allows the parties in a civil case to file appendices in lieu of a clerk's record and applies only when a party files a notice of appeal on or after January 1, 2024.