Narrative Opinion Summary
This case, reviewed by the First Court of Appeals in Houston, Texas, addresses procedural matters concerning the filing of the reporter’s record in appellate proceedings. The primary legal issues revolve around compliance with Texas Rule of Appellate Procedure 35, which mandates the filing of the reporter’s record by the original due date set by the court. If a court reporter foresees an inability to meet this deadline, they must promptly inform the Clerk in writing, providing justification and a revised filing timeline. The court typically grants up to two extensions for the submission of the record, with specific durations dependent on whether the appeal is regular or accelerated. Notably, in this case, it was observed that no reporter’s record was available, prompting further procedural scrutiny. The case highlights the importance of adhering to procedural deadlines and the responsibilities of court reporters in the appellate process. The court reporter involved, Liz Wittu, furnished her contact information, underscoring the procedural transparency expected in such matters. The court's emphasis on procedural compliance ensures the timely administration of justice within the appellate framework.
Legal Issues Addressed
Checklist Requirements for Reporter’s Recordsubscribe to see similar legal issues
Application: A checklist is utilized to confirm the existence and details of the reporter’s record, such as involvement of the court reporter and payment by the appellant.
Reasoning: The document includes a checklist regarding the reporter's record: confirming if a record exists, if the court reporter is the only one involved, and whether the appellant has requested or paid for the record.
Court Reporter’s Duty to Notifysubscribe to see similar legal issues
Application: The legal principle involves the obligation of court reporters to notify the Clerk in writing if unable to meet the filing deadline, along with providing a reason and a new expected date.
Reasoning: Court reporters must notify the Clerk immediately in writing if they cannot meet the due date, providing a reason and a new expected filing date.
Extensions for Filing Reporter’s Recordsubscribe to see similar legal issues
Application: The court allows a limited number of extensions for filing the reporter's record, highlighting the constraints on the duration and number of such extensions.
Reasoning: The Court generally allows up to two extensions for filing the record, with limits of 30 days for regular appeals and 10 days for accelerated appeals, totaling a maximum of 60 days and 20 days, respectively.
Filing Deadlines for Reporter’s Recordsubscribe to see similar legal issues
Application: The case discusses the requirement for the reporter's record to be filed by the original due date, emphasizing the procedural expectations under Texas Rule of Appellate Procedure 35.
Reasoning: The requirement for the reporter's record to be filed by the original due date, as per Texas Rule of Appellate Procedure 35.