Sixth Court of Appeals

Practice Before the Court 

Local Rules

The Sixth Court of Appeals has no local rules.

Extension Policies–Briefing

A continuing concern of the Texas Judiciary and of the Texas Legislature is the length of time that passes before appeals are concluded. The goal is to process all appeals promptly. The timeliness of briefs affects the timeliness of dispositions of cases on appeal.

This Court has reviewed its internal procedures concerning requests for extensions of time to file briefs and has adopted the policy described here. This information is provided so litigants and attorneys will know what this Court expects of them. Parties and counsel are advised to prioritize appellate briefing activities accordingly.

  1. In General
    1. Requests for extensions of time are not favored, and will not be granted automatically, even if all parties agree to an extension.
    2. Counsel should ask for no more time than is truly needed. The Court keeps statistics on the extensions each attorney requests.
    3. All requests should be filed before the due date of the brief.
    4. Extensions are ordinarily calculated from the date on which the brief was due — not from the date on which the motion was filed or the date on which the extension was granted.
    5. Requests for extensions will be considered on a case-by-case basis.
  2. Information to Support Requests
    1. All extension requests must provide specific information justifying the need for more time to prepare the brief. Motions not containing specific information will ordinarily be overruled.
    2. The Court expects an explanation which includes some detail. Stating generally that counsel is or has been too busy or has a heavy caseload is not sufficient. Ordinarily, the Court is looking for the following level of detail, for example:
      1. Counsel will be in trial for [number of days] days in Cause Number [cause number] in [court]; said trial is to commence on [date].
      2. Counsel has other briefs due in cause numbers [cause numbers] in [court or courts]; said briefs are due [dates].
      3. Counsel will be on vacation (or at a conference) [give dates of vacation or conference].
    3. The Court gives little credence to requests giving reasons that duplicate those given in previous motions.
  3. First Extensions

    First extensions will ordinarily be for no more than thirty days. The Court may grant such extensions for shorter periods, particularly in state jail felony cases or other cases suggesting the need for more expeditious disposition.

  4. Subsequent Extensions

    Requests for second and subsequent extensions will be granted less frequently. Absent extraordinary circumstances, a second or subsequent extension will be for no longer than twenty-one days.