Third Court Changes Briefing Rule
Earlier this year, Jeffrey Kyle took over for Diane O'Neal as clerk of the Third Court of Appeals here in Austin. With that change came a significant revision to the Court's local practices. Before, an appellee could file its brief anytime up until the case was formally submitted to the Court, which could occur several months (or longer) after the filing of appellant's brief. Now, in conformity with Texas Rule of Appellate Procedure 38.6, appellee's brief is due 30 days after appellant's (20 days if the the appeal is accelerated), and appellant's reply brief is due 20 days later. The Court now requires a motion for extension of time to push these deadlines back.
The online version of the Court's local practice guide (¶57) reflects this change. The printed versions I have seen do not. Moral: Don't rely on memory when advising clients (or yourself) about impending deadlines. As stated here before, always check the rules.
