Narrative Opinion Summary
Appellants Connie Rogge, Richard Rogge, and Richard Rogge as Administrator of the Estate of Richard Hollas Rogge filed a motion on December 23, 2014, requesting the Court of Appeals to order the Fort Bend District Clerk to supplement the clerk’s record with video evidence presented at trial. The Fort Bend District Clerk informed the Appellants that an order from the Court was necessary for this filing. The Court granted the motion, clarifying that an order is not required for a trial court clerk to file a supplemental clerk’s record when requested by a party. According to Texas Rule of Appellate Procedure 34.5, trial court clerks are obligated to provide requested records and must comply without imposing additional requirements. The Fort Bend District Clerk is ordered to file the supplemental clerk’s record, including the requested exhibits, by January 5, 2015. The order was signed by Judge Michael Massengale on the same date.
Legal Issues Addressed
Authority of Court of Appeals to Order Filing of Supplemental Recordssubscribe to see similar legal issues
Application: The Court of Appeals exercised its authority to order the Fort Bend District Clerk to file the supplemental clerk’s record, including video evidence, by a specified date.
Reasoning: The Court granted the motion, clarifying that an order is not required for a trial court clerk to file a supplemental clerk’s record when requested by a party.
Obligation to Provide Supplemental Records under Texas Rule of Appellate Procedure 34.5subscribe to see similar legal issues
Application: The Court clarified that the trial court clerk must provide requested records and cannot impose additional requirements, such as needing a court order for filing a supplemental clerk’s record.
Reasoning: According to Texas Rule of Appellate Procedure 34.5, trial court clerks are obligated to provide requested records and must comply without imposing additional requirements.