Judicial Bypass Rules under Ch. 33 of the Family Code
Rule: 4
Jurisdiction: TX
Bluebook Citation: Tex. R. Jud. Bypass 4
4.1 How to Appeal to the Supreme Court. To appeal from the court of appeals to the Supreme Court, the minor must file a notice of appeal with the clerk of the Supreme Court, file a copy of the notice of appeal with the clerk of the court of appeals, and advise the clerk of each court by telephone that an appeal is being taken under Chapter 33, Family Code. The minor may use Form 4A but is not required to do so. The notice of appeal must: (a) be styled “In re Jane Doe”; (b) state the number of the cause in the court of appeals; (c) state an intention to appeal; and (d) be signed by the minor’s attorney. 4.2 Clerk’s Duties. (a) Assistance in filing. The clerk of the Supreme Court must give prompt assistance—in a manner designed to protect the minor’s confidentiality—to any person seeking to file an appeal. The clerk must ensure that the notice of appeal is addressed to the Supreme Court and that the minor’s name and identifying information are not disclosed. (b) Forwarding record to Supreme Court. Upon receipt of a notice of appeal to the Supreme Court, the clerks of the court of appeals and Supreme Court must immediately forward to the Supreme Court the record that was before the court of appeals. Page 24 4.3 Proceedings in the Supreme Court. A minor may request to be allowed to submit a brief and to present oral argument, but the Court may decide to rule without a brief or oral argument. The Court must rule as soon as possible. Page 25
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