Fifth Court of Appeals

Local Rules 

Local Rules 1 through 4 approved by the Supreme Court and Court of Criminal Appeals on June 9, 2014.

Local Rule 5 approved by the Supreme Court on May 2, 2017.

Rule 1. Scope of Local Rules
(Tex. R. App. P. 1.2)

These rules govern procedure for appeals, original proceedings, and other matters before the Court of Appeals for the Fifth District of Texas at Dallas. In the event of a conflict between these local rules and the Texas Rules of Appellate Procedure or any other state statute or rule, the Texas Rules of Appellate Procedure, statute, or rule shall control.

Rule 2. Change of Address or Other Information
(Tex. R. App. P. 9.1)

Counsel or a party proceeding pro se shall file a notice of change of address, telephone number, or facsimile number within ten (10) days of the date of the change. The notice shall include the style and cause number of each case the notifying party has pending before the Court.

Rule 3. Oral Argument
(Tex. R. App. P. 39)

  1. In civil cases, oral arguments in each appeal are heard at the time designated by the sitting panel. As a general rule, one case will be set for oral argument each hour, beginning at 9:00 a.m. or 1:00 p.m.
  2. In criminal cases, all counsel who have requested oral argument are expected to be present at 9:00 a.m. or 1:00 p.m. as instructed by written notice. At that time, the presiding justice will call the docket and determine which attorneys will argue. Oral argument will be heard, insofar as practicable, in the order the cases appear on the submission docket for that date.
  3. If there is more than one appellant or appellee, counsel shall be expected to announce to the Court, at docket call, how the time is to be divided among the parties.
  4. In both civil and criminal cases, each side is allowed twenty (20) minutes, and the appellant or appellants are allowed five (5) minutes for rebuttal. Requests for additional time must be made by written motion filed at least ten (10) days prior to the scheduled submission date.

Rule 4. Settlement
(Tex. R. App. P. 42.1)

In the event a civil case settles before submission, the parties shall notify the Clerk by filing an appropriate motion. The motion shall specify (1) the manner of disposition, and (2) the parties' agreement on the allocation of costs of appeal.

Rule 5. Briefs in Cross-Appeals
(Tex. R. App. P. 9.4(i)(2)(B)

  1. In a civil appeal in which a cross-appeal has been timely filed, the briefs to be filed by the parties are:
    1. The appellant's brief.
    2. A combined appellee's and cross-appellant's brief.
    3. A combined appellant's reply and cross-appellee's brief.
    4. The cross-appellant's reply brief.
  2. The aggregate of all briefs filed by a party must not exceed 37,500 words if computer- generated, or 125 pages if not. The contents to be included and excluded in determining word count and/or page count are those contained in appellate rule 9.4(i)(1). The documents listed below must not exceed the following limits:
    1. Appellant's brief: 15,000 words if computer-generated and 50 pages if not
    2. Combined appellee's/cross-appellant's brief: 30,000 words if computer-generated, and 100 pages if not
    3. Combined appellant's reply brief and cross-appellee's brief: 22,500 words if computer- generated, and 75 pages if not.
    4. Cross-appellant's reply brief: 7,500 words if computer-generated, and 25 pages if not.
  3. Cross-appellant's reply brief shall be limited to arguments made in reply to the arguments in cross-appellee's brief and should not address arguments made in appellant's reply brief.
  4. The deadlines for filing the briefs are:
    1. The appellant's brief is due no later than thirty days-twenty days in an accelerated appeal -- after the date the record is filed with the Court.
    2. The appellee/cross-appellant's brief is due no later than thirty days -- twenty days in an accelerated appeal -- after the date the appellant's brief is filed.
    3. The appellant's reply/cross-appellee's brief is due no later than thirty days -- twenty days in an accelerated appeal -- after the date the appellee/cross-appellant's brief is filed.
    4. The cross-appellant's reply brief is due twenty days after the date the cross-appellee's brief is filed.
  5. If appellant or cross-appellant's appeal is dismissed and the appeal remains pending on the undismissed notice of appeal, the briefing schedule and page limitations will be as provided for in the rules of appellate procedure.
  6. The Court may change the requirements of this rule on its own motion or motion of any party to the appeal.