AY 1984 - Voice For The Defense Online

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(7) the m e, post offioe address, and telephone number ofthe member of the Bar of this Court who is counsel of recordfar the party concerned, and upon whom service is to bemade. The individual names of other members of the Bar ofthis Court or of the Bar ofthe hi@est court in their respectivestates and, if desired, their post offke addresses, may be added,but counsel of record shall be clearly identified. The foregoingshall be displayed inan appropriate typographic mannerand, except for the identification of counsel, may not be setin type smaller than 1 1-point or in upper case pica.(b) The following documents shallhave a suitable cover consistingof heavy paper in the color indicated: (1) jurisdictionalstatemehts and petitionsforwrits of ceftiofari, white; [2) mmo.tiom, briefs, or memoranda filed in response to jurisdictionalstatements or petitions for certiorari, light orange; 0) briefson the merits for appellants or petitioners, Iight blue; (4)briefs on the maits for appellees or respondents, light red;(5) reply briefs, yellow; (6) intervenar or amicus curiae briefs(or motions for leave to file, if bound with brief), green;(7) joint appendicesS tan; (8) documents fled by the UnitedStates, or by any officer or employee of the United States,represented by the Solicitor General, gray. All other documentsshall have a tan cover. Counsel shall be certain thatthere is adequate contrast between the printing and the colmof the cover.the document in question, except in the most extraordinarycircumstances.S(a) All documents filed with the court which exceed fnrepages, regardless of method of duplication (other than jointappendices, which in this respect we governed by Rule 30)shall be preceded by a table of contents, unless the documentcontairrs only one item.(L) All documents which exceed three pages, regardless ofmethod of duplication, shall contain, following the tableof contents, a table of authorities (i.e., cases [alphabeticallyarranged]), constitutional provisions, statutes, textbooks,etc.) with ~~rrect reference$ to the pages where they arecited.6. The body of all documents at their close shall bear thename of counsel of record and such other counsel identifiedon the cover of the document in conformity with Rule33.2(a) as may be desired. One copy of every motion andapplication (other than one to dismiss or affirm under Rule16) in addition must bear at its close the manuscript signatureof counsel of record.7. The Clerk shall not accept for Wmg any document presentedin a form not in compliance with this Rule, but shallreturn it indicating to the defaulting party wherein he has3. All documentsproduced by standard typographic printing failed to comply: the fhg, however, shall not thereby beor its equivalent shall comply with the page limits prescribed deemed untimely provided that new and pxoper copies areby these Rules. See Rules 15.3; 16.3, 16.5, and 16.6; 21.4; promptly substituted. If the court shiill fmd that the pro-22.2, 22.5, and 22.6; 27.1, 27.2(b), 27.3(b), and27.4; 34.3 visions of this Rule have not been adhered to, it may impose,and 34.4; 36.1 and 36.2. Where documents are produced by in its discretion, appropriate sanctions including but not limphotostaticor similar process, the foltowing page limits shall ited to diismissal of the action, imposition of costs, or diiapply:ciplinaiy sanction upon cowel. See also Rule 38 respectingoral argument.Jurisdictional Statement (Rule 15.3)65 PagmMotion to Dismiss or Affifrn (Rule 16.3) 65 pages Rule 39 cform of typewritten papers) further provides asBrief Opposing Motion to Dismissfollows:or Affm (Rule 16.5)20 pages 1, All papers specifidly permitted by these Rules to be pre-Supplemental Brief (Rule 16.6)20 pages sented to the court without being printed shall, subject toPetition for Certiorari @Me 21.4)65 pages Rule 46.3, be typewritten or otherwise duplicated uponBrief in Opposition (Rule 22.2)65 pages opaque, unglazed paper. 8% by 13 inches in size (legalReply Brief (Rule 22.5)20 pages cap), and shall be stapled or bound at the upper left-handSupplemental Brief (Rule 22.6)20 pages comer. The typed matter, except quotations, must bePetition Seeking Extmordinay Writ (Rule 27.1) 65 pages double-spaced. All copies presented to the court must beBrief in Opposition (Rde 27.2(b])65 pages legible.Response to Petition for Habeas Corpus(Rule 27.3@))65 Pages 2. The original of any such motion or application, except aBrief in Opposition (Rule 27.4)65 pages motion to dismiss or affirm, must be signed in manuscriptBrief on the Merits W e 34.3) 110oaees - by the party or by counsel of record,AReply Brief (Rule 3'4.4)45 pagesBrief on Amicus Curiae (Rule 36.2) 65 6. Btief in Opposition4. The court or a justice, for good cause shown, may grant a. Respondent shall have 30 days after receipt of a petition,Iewe for the filing of a document in excess of the page limits, within which to fde 40 printed copies of an opposing briefbut such an application is not favored. An application for disclosing any matter or ground why the cause should notsuch leave shall comply in all respects with Rule 43; and it be reviewed by the US. Supreme Court. It should be inmust be submitted at least IS days before the filing date of conformity with Rule 33, shall be as short as possible and
Imay not exceed 30 pages. Rule 22.2. Objections to thejurisdiction of the court to grant the writ of certiorarimay be included in the brief in opposition. Rule 22.3.7. Disposition of Petition for Certioraria. After due consideration the U.S. Supreme Court wdlenter an appropriate order.b. Whenever a petition is granted, an order to that effectshall be entered and the Clerk shall notify the court belowand counsel of record. The case will stand for briefing andoral argument. If the record has not previously been filed,the Clerk shall request the Clerk of the court possessed ofthe record to certify it andtransmit it to the US. SupremeCourt. A formal writ shall not issue unless specially directed.c. Whenever a petition is denied, an order to that effect willbe entered and the Clerk forthwith will notify the courtbelow and counsel of record. The order of denial will notbe suspended pending disposition of a petition for rehearingexcept by order of the court or a justice thereof.8. Briefs on the Meritsa. Time for filing.1. Counsel for appellant or petitioner shall file with theClerk 40 copies of the printed brief on the merits within45 days of the order noting or postponing probablejurisdiction, or of the order granting the writ of certiorari.2. 40 printed copies of the brief of the appellee or respondentmust be filed with the Clerk within 30 days afterthe receipt by him of the brief filed by the appellant orpetiti~ner.3. A reply brief wiu be received no later than one weekbefore the date of oral argument, and only by leave ofcourt thereafter.4. The period of time may be enlarged as provided inRule 29, upon appropriate application.5. No brief will be received by the Clerk unless the sameshall be accompanied by proof of service as requiredby Rule 28.,b. Contents of brief.1. Brief of appellant or petitioner on the merits shall complyin all respects with Rule 33, and shall contain inthe order here indicated:i. The questions presented for review, stated as requiredby Rule 15.l(a) or Rule 21.l(a), as the casemay be.The phrasing of the questions presented need not beidentical with that set forth in the jurisdictionalstatement or the petition for ceritiorari, but thebrief may not raise additional questions or changethe substance of the questions already presented inthose documents. At its option, however, the courtmay consider a plain error not among the questionspresented but evidence from the record and otherwisewithinits jurisdiction to decide.ii. A list of all parties to the proceeding in the courtwhose judgment is sought to be reviewed, exceptwhere the caption of the case in this court containsthe names of all such parties. This listing may bedonein afootnote. See Rule 28.1.iii.The table of contents and table of authorities asrequired by Rule 33.5.iv. Citations to the opinions and judgments deliveredin the courts below.v. A concise statement of the grounds on which thejurisdiction of this court is invoked, with citation tothe statutory provision and to the time factors uponwhich guch jurisdiction rests.vi. The constitutional provisions, treaties, statutes, ordinances,and regulations which the case involves,setting them out verbatim, andejving the appropriatecitation therefor. If the provisions involved arelengthy, their citation alone will suffice at this point,and their pertinent text, if not already set forth inthe jurisdictional statement or petition for certiorari,shall be set forth in an appendix to the brief.viii. A summary of argument, suitably paragraphed,which should be a succinct, but accurate and clear,condensation of the argument actually made in thebody of the brief. It should not be a mere repetitionof theheadingsunder which the argument is arranged.ix.The argument, exhibiting clearly the points of factand of law being presented, citi the authoritiesand statutes relied upon.x. A conclusion, specifying with particularity the reliefto which the party believes himself entitled.2. A brief on the merits shall be as short as possible but inany event shall not exceed 50 pages in length. A replybrief shall not exceed 20 pages in length.3. Briefs must be compact, logically arranged with properheadings, concrse, and free from burdensome, irrelevant,immaterial, and soandalous matter. Briefs notcomplying with this paragraph may be disregarded andstricken by the court.May 1984/~01CE for the Defense 21
Page 10 and 11: as to call for an exercise of this
Page 12: IMPROPER JURY 2AXmmTr NOT HARMFLTL
Page 15: The record is clear that from the f
Page 18 and 19: LThe accident occurred when I was a
Page 22 and 23: 9. Rule 36 governs the Brief of An
Page 24 and 25: SOME OBSERVATIONSON THE DWI LAWby L
Page 26 and 27: tutory laws authorizing the award o
Page 28: -~~TEXAS CRIMINAL DEFENSE LAWYERS A

AY 1984 - Voice For The Defense Online

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