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Texas Appellate Law Blog Civil Appellate Practice Tips, Resources, and News

How to Handle Cross-Appeals

Posted in Appellate Practice, Articles, Briefs, Fifth Circuit, Oral Argument, Procedure, Texas Supreme Court

Yesterday afternoon, I spoke at the Advanced Civil Appellate Practice Course, an annual program sponsored by TexasBarCLE and the State Bar Appellate Section. My topic was “How to Handle Cross-Appeals.”

I promised the attendees that I would make my paper and slides available over the web. Clicking the links should open each one in a new window. I hope they are helpful to anyone considering or responding to a cross-appeal in Texas state court.

I have long advocated for adoption of a Texas equivalent to Federal Rule of Appellate Procedure 28.1. That rule—which establishes a uniform method for handling cross-appeals in federal appellate courts—cuts the total number of briefs from six to four, specifies type-volume limits (word counts), and sets a default briefing schedule. I urge the Texas Supreme Court to simplify Texas cross-appeal practice and adopt a similar rule.