TX CSR WKT - Texas Rules of Appellate Procedure Exam Questions And Answers

may promulgate rules governing its practice that are not inconsistent with these rules. - ANS A court of appeals Local rules governing civil cases must first be approved by the - ANS Supreme Court. Local rules governing criminal cases must first be approved by the ____. - ANS Court of Criminal Appeals. must provide a copy of the court's local rules to anyone who requests it. - ANS The clerk A court must not dismiss an appeal for noncompliance with a local rule without giving the noncomplying party notice and a reasonable opportunity to - ANS cure the noncompliance An appellate court may suspend a rule's operation in a particular case and order a different procedure on a party's motion or on - ANS its own initiative Suspension of Rule: A court must not construe this rule to suspend any provision in the Code of Criminal Procedure or alter the ____ - ANS time for perfecting an appeal in a civil case Appellant - ANS a party taking an appeal to an appellste court. Appellate court - ANS the courts of appeals, the Court of Criminal Appeals, and the Supreme Court. Appellee - ANS a party adverse to an appellant. Applicant - ANS a person seeking relief by a habeas in a criminal case Petitioner - ANS a party petitioning the Supreme Court or the Court of Criminal Appeals for review. Relator - ANS a person seeking relief in an original procceding in an appellate court other than by habeas corpus in a criminal case. Reporter or court reporter - ANS the court reporter or court recorder. Respondent - ANS a party adverse to a petitioner in the Supreme Court or the Court of Criminal Appeals; or party against whom relief is sought in an original proceeding in an appellate court. Computing Time In General. The day of an act, event, or default after which a designated period begins to run _________ when computing a period prescribed or allowed by these rules, by court order, or by statute. - ANS is not included Computing Time In General. The last day of the period is included, but if that day is a Saturday, Sunday, or legal holiday, the period extends to ____ - ANS the end of the next day that is not a Saturday, Sunday, or legal holiday Computing Time Clerk's Office Closed Inaccessible: If the act to be done is filing a document, and if the clerk's office where the document is to be filed is closed or inaccessible during regular hours on the last day for filing the document, the period for filing the document extends to - ANS the end of the next day when the clerk's office is open and accessible The closing or inaccessibility of the clerk's office may be proved by ____ and may be controverted in the same manner. - ANS a certificate of the clerk or counsel, by a party's affidavit, or by other satisfactory proof, If a party affected by a judgment or other appealable order has not within 20 days after the judgment or order was signed- either received the notice required by Texas Rule of Civil Procedure 306a.3 or acquired actual knowledge of the signing, then a period that, under these rules, runs from the signing will begin for that party on the earlier of the date when the party receives notice or acquires actual knowledge of the signing. But in no event May the period begin ____ - ANS more than 90 days after the judgment or order was signed The procedure to gain additional time is governed by - ANS Texas Rule of Civil Procedure 306a.5 After hearing the motion, the trial court must sign a written order that finds the date when the party or the party's attorney first either _____ - ANS received notice or acquired actual knowledge that the judgment or order was signed If a judgment is modified in any respect while the trial court retains plenary power, a period that, under these rules, runs from the date when the judgment is signed will run from ____ - ANS the date when the modified judgment is signed If the trial court corrects or reforms the judgment after expiration of the trial, all periods provided in these court's plenary power, rules that run from the date the judgment is signed run from the date the ____ is signed for complaints that would not apply to the original judgment. - ANS corrected judgment If process was served by publication and if a motion for new trial was filed under Texas Rule of Civil Procedure 329 more than 30 days after the judgment was signed, a period that, under these rules, runs from the date when the judgment is signed will be computed as if the judgment were signed on ____ - ANS the date when the motion for new trial was filed A party may move for additional time to file a motion for rehearing or en banc reconsideration in the court of appeals, a petition for review, or a petition for discretionary review, if the party did not-until after the time expired for filing the document- either receive notice of the judgment or order from the clerk or ____ - ANS acquire actual knowledge of the rendition of the judgment or order Procedure to Gain Additional Time. The motion must state the earliest date when the party or the party's attorney received notice or acquired actual Knowledge that the judgment or order had been rendered. The motion must be filed within - ANS 15 days of that date but in no event more than 90 days after the date of the judgment or order A motion for additional time to file a motion for rehearing or en banc reconsideration in the court of appeals must be filed in and ruled on by - ANS the court of appeals in which the case is pending A motion for additional time to file a petition for review must be filed in and ruled on by - ANS the Supreme Court A motion for additional time to file a petition for discretionary review must be filed in and ruled on by - ANS the Court of Criminal Appeals If the court finds that the motion for additional time was timely filed and the party did not receive the notice or have actual knowledge of the judgment or order, the court must - ANS grant the motion The time for filing the document will begin to run - ANS on the date when the court grants the motion Fees in Civil Cases: A party who is not excused by statute or these rules from paying costs must pay - at the time an item is presented for filing - whatever fees are required by - ANS statute or Supreme Court order Rule 5. Fees in Civil Cases: The ______ may enforce this rule by any order just. - ANS appellate court Unless another attorney is designated, lead counsel for an appellant is the attorney whose signature first appears on the - ANS notice of appeal Appellant. Unless another attorney is designated, lead counsel for a party other than an appellant is the attorney whose signature first appears on the - ANS first document filed in the appellate court on that party's behalf