Western District of Texas

Appeals

When is the record ready to be sent to the Court of Appeals?

It is the responsibility of the deputy clerk of the District Court to complete the record on appeal and to transmit it to the Court of Appeals. Generally in civil and criminal cases when all transcripts that have been ordered are filed and the filing fee has been paid or an application for in forma pauperis is granted the record will be transmitted. Section 2254 and 2255 cases should also include the District Court's order ruling on the motion for certificate of appealability. Once the volumes are bound and labeled, and the transcript volumes, depositions, and exhibit containers are labeled, the record is ready for transmission to the Court of Appeals. The original record must be transmitted to the Court of Appeals within 15 days after it is complete for purposes of appeal.