Court of Criminal Appeals of Texas

Brief and appendix rules we apply — State appeal, $299.

Format

Type: Times New Roman 14 pt, double-spaced
Margins: 1-inch margins
Opening brief: 15,000 words or 50 pages
Reply brief: 7,500 words or 25 pages
What counts: Excludes caption, identity of parties and counsel, statement regarding oral argument, TOC, index of authorities, statement of the case, issues presented, statement of jurisdiction, statement of procedural history, signature, proof of service, certification, certificate of compliance, appendix. PDR: 4,500 words / 15 pages (9.4(i)(2)(E)); death-penalty direct appeal briefs 37,500 words / 125 pages (9.4(i)(2)(A))
Rules: Texas Rules of Appellate Procedure (TRAP) — TRAP 9.4(b)-(e) (8.5x11; 1-in. margins; double-spaced except footnotes, block quotes, short lists, issues; conventional typeface >=14-pt, footnotes >=12-pt); TRAP 9.4(i)(2)(A),(B),(C),(E)

Parts of the brief, in order

Cover — Required · TRAP 9.4(g)
IDENTITY OF JUDGE, PARTIES, AND COUNSEL — Required · TRAP 68.4(a)
TABLE OF CONTENTS — Required · TRAP 68.4(b)
INDEX OF AUTHORITIES — Required · TRAP 68.4(c)
STATEMENT REGARDING ORAL ARGUMENT — Required · TRAP 68.4(d)
STATEMENT OF THE CASE — Required · TRAP 68.4(e)
STATEMENT OF PROCEDURAL HISTORY — Required · TRAP 68.4(f)
GROUNDS FOR REVIEW — Required · TRAP 68.4(g)
ARGUMENT — Required · TRAP 68.4(h)
PRAYER FOR RELIEF — Required · TRAP 68.4(i)
CERTIFICATE OF COMPLIANCE — Required · TRAP 9.4(i)(3)
CERTIFICATE OF SERVICE — Required · TRAP 9.5(e)
APPENDIX — Required · TRAP 68.4(j)

Argument headings: PDR: grounds for review stated without argument, then argument; merits briefs after grant follow TRAP 38 structure

Standard of review: Within argument

Record citations: (CR 45); (2 RR 34) by convention

Appendix

Required. Pages are numbered like App. 12. (TRAP 68.4(j))

court of appeals opinion

PDR appendix contains copy of court of appeals opinion

Certificates

Compliance: Certificate by counsel or unrepresented party stating the number of words in the document
Service: Signed by person who served; states date and manner of service, name and address of each person served, and party represented if served person is counsel

Good to know

Sections above are for a petition for discretionary review (TRAP 68.4); briefs on the merits after PDR is granted and death-penalty direct-appeal briefs follow TRAP 70/71 and TRAP 38 contents (not re-verified)

Filing: eFileTexas; text-searchable PDF

Questions

What font and spacing does the Court of Criminal Appeals of Texas require for briefs?

Times New Roman 14 pt, double-spaced; 1-inch margins (TRAP 9.4(b)-(e) (8.5x11; 1-in. margins; double-spaced except footnotes, block quotes, short lists, issues; conventional typeface >=14-pt, footnotes >=12-pt)).

How long can an opening brief be in the Court of Criminal Appeals of Texas?

15,000 words or 50 pages (TRAP 9.4(i)(2)(A),(B),(C),(E)). Reply brief: 7,500 words or 25 pages.

What goes in the appendix?

Appendix: court of appeals opinion.