Back to Main Page / Back to List of Rules

Rule 389a. Statement of Facts. Duty of Clerk on Receiving (1981)


Upon receipt of a statement of facts, the clerk shall ascertain if it has been properly authenticated in accordance with these rules. If the clerk finds that the statement of facts has been agreed to by the parties, or approved by the trial judge, or cer­tified by the official court reporter, he shall file it forthwith; otherwise, he shall endorse thereon the time of the receipt of such statement of facts, hold the same subject to the order of the Court of Civil Appeals, and notify the party (or his attorney) tendering such statement of facts of his action and state his reasons therefor.

Amended by order of June 10, 1980, eff. Jan. 1, 1981: Since under Rule 386 as amended, the failure to file the statement of facts in time is not jurisdictional, and failure to file in time may be ground for dismissal or affirmance, but the clerk is no longer required to determine whether it has been filed in time, the clerk should determine whether it has been properly authenticated.

Prior Amendments Future Amendments
July 20, 1954, eff. Jan. 1, 1955 Dec. 5, 1983, eff. April 1, 1984
  Repealed by order of April 10, 1986, eff. Sept. 1, 1986