Narrative Opinion Summary
Jana Shepherd, the appellant, filed an affidavit of inability to pay court costs on January 4, 2022. On October 31, 2022, court reporters contested her claims of indigence, prompting them to file a motion requiring payment of costs. In response, the Court of Appeals for the Seventh District of Texas abated the appeal and remanded the case to the trial court to conduct a hearing on Shepherd's indigence, as mandated by Texas Rule of Civil Procedure 145. The trial court is instructed to schedule an oral evidentiary hearing to determine Shepherd's status. The court's findings must be documented in a supplemental clerk’s record and a reporter’s record of the hearing, both due by December 19, 2022. Until further notice, the deadline for the court reporters to file any other records is stayed. The order was issued per curiam.
Legal Issues Addressed
Affidavit of Inability to Pay Court Costssubscribe to see similar legal issues
Application: The appellant, Jana Shepherd, filed an affidavit claiming indigence, which was contested, prompting a procedural response from the appellate court.
Reasoning: Jana Shepherd, the appellant, filed an affidavit of inability to pay court costs on January 4, 2022. On October 31, 2022, court reporters contested her claims of indigence, prompting them to file a motion requiring payment of costs.
Documentation of Court Findingssubscribe to see similar legal issues
Application: The trial court's findings must be documented in specific records to be submitted by a set deadline.
Reasoning: The court's findings must be documented in a supplemental clerk’s record and a reporter’s record of the hearing, both due by December 19, 2022.
Procedural Abatement and Remand for Indigence Hearingsubscribe to see similar legal issues
Application: The Court of Appeals abated the appeal and remanded the case to the trial court to conduct a hearing on Shepherd's indigence, as required by procedural rules.
Reasoning: In response, the Court of Appeals for the Seventh District of Texas abated the appeal and remanded the case to the trial court to conduct a hearing on Shepherd's indigence, as mandated by Texas Rule of Civil Procedure 145.
Requirement for Oral Evidentiary Hearingsubscribe to see similar legal issues
Application: The trial court is required to conduct an oral evidentiary hearing to determine the appellant's indigence status.
Reasoning: The trial court is instructed to schedule an oral evidentiary hearing to determine Shepherd's status.
Stay of Filing Deadlinessubscribe to see similar legal issues
Application: The deadline for the court reporters to file any other records is stayed pending further notice from the court.
Reasoning: Until further notice, the deadline for the court reporters to file any other records is stayed.