State Prosecuting Attorney

80.1. Service on State Prosecuting Attorney The State Prosecuting Attorney must be served on every petition for discretionary review or brief filed by any party or amicus curiae in the Court of Criminal 98 Appeals, including replies, responses, amendments, and supplements. Notes and Comments Comment to 2019 change: This rule incorporates and expands former Rule 68.11 to require service on the State Prosecuting Attorney of all petitions for discretionary review and all substantive briefing in the Court of Criminal Appeals. In using the phrase “brief filed by any party or amicus curiae in the Court of Criminal Appeals,” the rule does not intend to require service on the State Prosecuting Attorney of petitions for a writ of mandamus (or responses) or applications for a writ of habeas corpus (or answers) and their accompanying memoranda. However, if the Court of Criminal Appeals has filed and set a mandamus petition or habeas corpus application, the rule does require service on the State Prosecuting Attorney of the briefs filed in the case. 99 APPENDIX TO THE TEXAS RULES OF APPELLATE PROCEDURE APPENDIX A IN THE SUPREME COURT OF TEXAS ORDER REGARDING FEES CHARGED IN CIVIL CASES IN THE SUPREME COURT AND THE COURTS OF APPEALS AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION A. In the Supreme Court: 1. The following fees have been set by statute (TEX. GOV’T CODE §§51.005, 51.0051, and 51.941) and will be collected by the clerk except from parties who are exempt by statute: (a) petition for review .................................................................................................... $155 (b) additional fee if petition for review is granted ............................................................. $75 (c) original proceeding .................................................................................................... $155 (d) additional fee if original proceeding is granted ........................................................... $75 (e) (f) (g) (h) (i) certified question from a federal court of appeals ..................................................... $180 direct appeals to the Supreme Court .......................................................................... $205 any other proceeding filed in the Supreme Court ...................................................... $180 administering an oath with sealed certificate of oath .................................................... $5 certified copies of any papers of record in offices, including certificate and seal ........................................................................ $.50 per page $5 minimum 2. The following fees have been set consistent with (TEX. GOV’T CODE §§552.262 and 1 TEX. ADMIN. CODE §70.3 (2007) (Tex. Atty. Gen.. Charges for Providing Copies of Public Information): (a) (b) (c) (d) (e) standard paper copy of document without certificate or seal (single-sided) .................................................... $0.10 per page or part of page standard paper copy of document without certificate or seal (double-sided) ................................................... $0.10 per page or part of side of page personnel, overhead, and document retrieval charges ................................ as provided by 1 TEX. ADMIN. CODE §70.3 audio tape of oral argument ............................................................................. $1 per tape digital video disc of oral argument ................................................................ $3 per DVD Note: the fees listed above for audio tapes, DVDs, and paper copies do not include any personnel, overhead, or document retrieval charges; those charges may be added to the fees listed above if appropriate, as determined by the Court. 3. Pursuant to TEX. GOV’T CODE § 51.005, the following additional fees are set: (a) comparing and certifying copies of documents .......................................... $1.00 per page $5 minimum (b) motions for rehearing ................................................................................................... $15 (c) motions not otherwise listed ........................................................................................ $10 (d) exhibits tendered for oral argument ............................................................................. $25 B. In the courts of appeals: 1. The following fees have been set by statute (TEX. GOV’T CODE §§51.207, 51.208, and 51.941) and will be collected by the clerk except from parties who are exempt by statute. (a) (b) (c) (d) appeals to the court of appeals from the district and county courts ........................... $205 original proceeding .................................................................................................... $155 administering an oath with sealed certificate of oath .................................................... $5 certified copies of any papers of record in offices, including certificate and seal certification .................................................. $1.00 per page $5 minimum (e) comparing and certifying copies of documents .......................................... $1.00 per page $5 minimum 2. The following fees have been set consistent with TEX. GOV’T CODE §552.262 and 1 TEX. ADMIN. CODE §70.3 (2007) (Tex. Att’y Gen., Charges for Providing Copies of Public Information): (a) (b) standard paper copy of document without certificate or seal (single-sided) ..................................................... $0.10 per page or part of page standard paper copy of document without certification or seal (double-sided) .................................... $0.10 per side of page or part of side of page (c) personnel, overhead, and document retrieval charges ................................ as provided by 1 TEX. ADMIN. CODE §70.3 (d) audio tape or oral argument (if available) ........................................................ $1 per tape (e) VHS video tape of oral argument (if available) .......................................... $2.50 per tape (f) digital video disc of oral argument (if available) ........................................... $3 per DVD Page 2 of 3 Note: the fees listed above for audio tapes, videotapes, DVDs, and paper copies do not include any personnel, overhead, or document retrieval charges; those charges may be added to the fees listed above if appropriate, as determined by the court charging the fee. 3. Pursuant to § 51.207(c)(4), TEX. GOV’T CODE, the following additional fees are set: (a) motions not otherwise listed …………………………………………………………$10 (b) motion for rehearing or for en banc reconsideration ………………………………...$15 (c) exhibits tendered for oral argument ………………………………………………….$25 C. Before the Judicial Panel on Multi-District Litigation: 1. Pursuant to TEX. GOV’T CODE §51.005(c)(3) and §51.0051, and Rule of Judicial Administration 13.3(g), the following fees are set: (a) motion to transfer to pretrial court under Rule of Judicial Administration 13.3(a) or appeal of an order of a pretrial court by motion for rehearing under Rule 13.5(e) ..................................................... $275 (b) any other motion or document filed under Rules of Judicial Administration 13 ......... $50 D. Nothing in this order shall be construed as prohibiting a clerk from contracting with an entity or organization to provide copies of documents, audio and video tapes, and other organizational services at a reasonable rate which may exceed the fees provided herein. Adopted by order of August 15, 1997, eff. Sept. 1, 1997. Amended by orders of July 21, 1998, eff. Sept. 1, 1998; Sept. 10, 2003, eff. Sept. 10, 2003; Aug. 28, 2007, eff. Sept. 1, 2007; Aug. 16, 2013, eff. Sept. 1, 2013; Aug. 28, 2015, eff. Sept. 1, 2015. Page 3 of 3 APPENDIX B IN THE SUPREME COURT OF TEXAS ORDER REGARDING DISPOSITION OF COURT PAPERS IN CIVIL CASES ORDERED that: A. Definitions. 1. Court records or records means: (a) the clerk’s record; (b) the reporter’s record; and (c) any other documents or items filed, or presented for filing and received in an appellate court in a particular case. 2. Appellate record means the clerk’s record and the reporter’s record and any supplements. In the Courts of Appeals. The following paragraphs govern disposing of court records by the B. courts of appeals: 1. Determination of permanent preservation. Before any court records are destroyed, the court of appeals must—under Section 51.205 of the Government Code and State Archives guidelines— determine whether the records should be permanently preserved. 2. Initial determination. Immediately after final disposition of an appeal or other proceeding, the panel that decided the case must determine whether the case’s records should be permanently preserved and must file with the records a statement declaring that the records should or should not be permanently preserved. 3. Later determination. After its initial determination, but before any court records are destroyed, the court of appeals may reexamine its initial determination under 2. and may change its designation. 4. Original papers and exhibits in appeals. Whatever the court determines concerning permanent preservation of a case’s records, any original documents or exhibits must, within 30 days after final disposition of an appeal or other proceeding, be returned to the trial court in accordance with any trial court order entered under Rules 34.5(f) and 34.6(g). The court of appeals may, but need not, copy those documents and exhibits before returning them to the trial court. The court of appeals may dispose of copies of nondocumentary exhibits after the case is final on appeal. 5. All other papers and exhibits. Subject to paragraph 4., the court of appeals must keep and preserve all records of a case (except duplicates) until they are ultimately disposed of under this rule. 6. Ultimate disposition. After the period prescribed by Section 51.204 of the Government Code or other applicable statute has expired, the court of appeals must: (a) destroy those records the court has determined need not be permanently preserved; and (b) turn over to the State Archives or other repository allowed by law those records the court has determined should be permanently preserved. C. In the Supreme Court. The following paragraphs govern disposing of court records by the Supreme Court: 1. If case reversed and remanded to court of appeals. If the Supreme Court grants review and remands the case to the court of appeals, the Supreme Court will return the appellate record to the court of appeals. The court of appeals will then dispose of the court records in accordance with subdivision B. The Supreme Court will keep and preserve all remaining items (except duplicates) until they are turned over to the State Archives as provided by law. 2. If case affirmed or reversed and remanded to trial court. If the Supreme Court grants review and either affirms the court of appeals or reverses and remands to the trial court, the Supreme Court will not return the appellate record but will keep and preserve all records of the case (except duplicates) until those records are turned over to the State Archives as provided by law. 3. In all other cases. In all other cases, the Supreme court will return the appellate record to the court of appeals and keep and preserve all remaining records of the case (except duplicates) until they are turned over to the State Archives as provided by law. Page 2 of 2 APPENDIX C IN THE SUPREME COURT OF TEXAS IN THE COURT OF CRIMINAL APPEALS ORDER DIRECTING THE FORM OF THE APPELLATE RECORD