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Rule 389. Transcript: Duty of Clerk on Receiving (1984)


If a transcript, properly endorsed, is received by the clerk within the time allowed by these rules, he shall endorse his filing thereon, showing the date of its reception, and shall notify both appellant and the adverse party of the receipt of the transcript. If it is not properly endorsed, or an original transcript is received after the time allowed, the clerk shall, without filing it, make a memorandum upon it of the date of its reception and keep it in his office subject to the direction of the person who applied for it or to the disposition of the court, and shall notify the person who applied for a transcript why it has not been filed. The transcript shall not be filed until a proper showing has been made to the court for its not being properly endorsed or received in proper time, and upon this being done, the court may order it filed, if the rules have been complied with, upon such terms as may be deemed proper, having respect to the rights of the opposite party.

Amended by order of Dec. 5, 1983, eff. April 1, 1984: The requirement that the clerk determine whether the transcript has been received in time has been restored to conform to B. D. Click Co. v. Safari Drilling Corp., 638 S.W2d 860 (Tex. 1982).

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of April 10, 1986, eff. Sept. 1, 1986
June 10, 1980, eff. Jan. 1, 1981