Tenth Court of Appeals
The Court is located on the fourth floor of the McLennan County Courthouse, 501 Washington Avenue, Room 415, Waco, Texas 76701-1373. This address should be used for package, express, and courier deliveries. From IH-35, take the Fourth Street Exit and go towards downtown Waco. Fourth Street will intersect Washington Avenue, where you turn left. The Courthouse will be one block ahead on the right. (See Map.)
The United States Postal Service address is:
McLennan County Courthouse
501 Washington Ave, Rm 415
Waco, Texas 76701-1327
McLennan County owns a parking lot on Washington Street directly in front of the Courthouse. Parking is free and is usually available. Parallel parking on streets near the Courthouse is also available.
In civil cases not under submission, counsel (an attorney of record) may check out the record through the Clerk's office to prepare the brief. The record must be returned at the time the brief is filed. Within 15 days before submission, the record may be checked out only by special arrangement, as circumstances warrant.
In criminal cases, counsel must check out the record through the District or County Clerk of the county where the appeal originated.
After submission, no record will be permitted to leave the Court, although counsel or a party may make special arrangements to review it in the Court's offices during normal business hours.
An original and five copies of a brief. An original and one copy of a motion. An original and five copies of a petition or response in an original proceeding.
A request for oral argument must be on the front cover of the brief when filed. Otherwise, argument is waived.
The Court usually hears arguments in its courtroom on the fourth floor of the McLennan County Courthouse in Waco on Wednesday mornings at 9:00 a.m. All counsel are required to be present at 9:00 a.m. for a call of the docket. Failure to respond at docket call constitutes a waiver of oral argument by that party. After calling all of the causes to be submitted that day, individual cases will be called in order. Participants in later proceedings may wait outside the courtroom but must be present when their case is called. All cellular telephones, beepers, and other devices which emit an audio alert signal must be turned off or set to a silent mode while in the courtroom.
From time to time, the Court will schedule arguments in other counties in the district. The notice of setting will contain information on the time and place of the argument.
Cases transferred from other courts of appeals, e.g., Dallas, Houston, will be heard where they originated unless the parties agree for argument to be held in Waco. Again, the notice of setting will contain information about the time and place of the argument.
No, not at this time. Furthermore, the Court does not allow broadcasting or recording devices in the courtroom during oral argument, i.e., no photographs, video recordings, or audio recordings may be made of oral arguments.
Arguments are 20 minutes per side with 5 minutes for rebuttal unless a prior motion has been granted allowing additional time. Multiple parties on the same side shall allocate their 20 minutes among themselves. The Court has an electronic system that displays the time remaining, a yellow warning light, and a red light when time has expired. The argument must end when time has expired.
The justices do not follow a set pattern. They may or may not ask questions. All causes to be argued have been discussed by the Court and its legal staff in a pre-submission conference, so the Court is generally familiar with the facts. Counsel should not dwell unnecessarily on the facts, but should proceed to the legal arguments.
No. The Court will consider each issue raised and adequately briefed, whether or not discussed in oral argument. Issues may not be addressed for the first time during rebuttal.
Authorities cited during oral argument that are not contained in the briefs shall be submitted to the Clerk and all opposing parties by letter-brief not later than the Friday following oral argument. The opposing party may respond to the new authority in a letter-brief filed by the following Friday.
The Clerk will send a notice by mail to lead counsel, who is responsible for notifying his or her clients and all other counsel representing those parties. The opinions are also available in HTML format on the Court's website the day after issuance. You may receive electronic notification of the released opinions by signing up for Case Mail.
The Court appreciates advance notice when a matter may require immediate attention.
See the "Fees" menu item under Practice Before the Court.