Texas Appellate Law Blog : Texas Appellate Lawyer & Attorney : Smith Law Group, P.C. : Appeals, Sanctions, Summary Judgment : Austin, Texas

Because of a communication error between the State Bar and printer, a significant number of Appellate Section members did not receive hard copies of the Winter Appellate Advocate (vol. 21, no. 2) in the mail.

The issue is available electronically here.  Section members wishing to obtain a print version may send a request to the printer's representative, Tina Adams, at tina@theovernightpress.com.

As editor of the publication, and on behalf of the Appellate Section, I apologize for the inconvenience.

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Let's be honest.  Most state-court appellate practitioners find the Fifth Circuit a little byzantine.  But one thing the Fifth Circuit does right is allow the clerk's office to grant short unopposed briefing extensions—up to 15 days—over the telephone.  The circuit court has even done away with the requirement that the requesting counsel send a confirmation letter to the clerk, with a copy to all parties.

Briefing extensions are pretty easy to come by in state appellate courts, but they're not just a phone call away.  I can think of one or two other federal rules that the Texas Supreme Court ought to consider emulating when considering future rules changes.  For example, why not adopt some variation of FRAP 28.1 to deal with cross-appeals?

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