Narrative Opinion Summary
The case concerns procedural requirements for the filing of a reporter's record in an appellate case before the First Court of Appeals in Houston, Texas. The primary issue revolves around adherence to deadlines set by Texas Rule of Appellate Procedure 35. Court reporters are mandated to file the record by the original due date unless a delay is anticipated, in which case a written notification to the Clerk of the Court is necessary, outlining the reason and new expected filing date. The court allows up to two extensions for record submission, limited to a total of 60 days for regular appeals and 20 days for accelerated appeals. In this instance, the court reporter, facing multiple ongoing appeals and a voluminous record spanning 1,400 pages and 12 days of testimony, has requested an extension until December 9, 2015. The appellant has fulfilled their obligation by requesting the record's preparation and arranging for payment. The court reporter Jodi Masera's involvement is noted, along with the participation of another court reporter, Carol Castillo. This procedural adherence ensures timely processing of the appellate case, balancing the need for comprehensive records with the constraints of judicial timelines.
Legal Issues Addressed
Appellant's Responsibilities for Reporter’s Recordsubscribe to see similar legal issues
Application: The appellant must request the preparation of the reporter's record and arrange for payment.
Reasoning: The appellant has requested the preparation of the reporter's record and has made arrangements for payment.
Filing of Reporter's Record under Texas Rule of Appellate Procedure 35subscribe to see similar legal issues
Application: The court reporter must file the reporter's record by the original due date set by the appellate procedure.
Reasoning: Court reporters are required to file the reporter’s record by the original due date, as specified by Texas Rule of Appellate Procedure 35.
Limitations on Extensions for Filing Recordssubscribe to see similar legal issues
Application: The court permits a maximum of two extensions for filing the record, with specific duration limits for regular and accelerated appeals.
Reasoning: The court typically allows a maximum of two extensions for filing the record, with each extension not exceeding 30 days for regular appeals and 10 days for accelerated appeals, totaling 60 days for regular and 20 days for accelerated appeals.
Notification Requirement for Extension Requestssubscribe to see similar legal issues
Application: If a court reporter cannot meet the deadline for filing the record, they must notify the Clerk of the Court with reasons and a new expected filing date.
Reasoning: If a reporter anticipates missing the due date, they must promptly notify the Clerk of the Court in writing, explaining the reason and the new expected filing date.