Back to Main Page / Back to List of Rules

Rule 396. Same: Restrictions


Cases while under submission, either on the merits of the appeal or on motion, are no longer under the control of the attorneys; and while so under submission, the clerk will not let the transcripts of such cases go out of his office, except on the order of one of the justices of the court. While not under submission, either before submission or after decision, the parties or their attorneys may, by complying with Rule 395, obtain pos­session of the transcript; provided, however, that when a case has been decided upon the merits of the appeal, no one, except the losing party or his attorney, shall be allowed to take the transcript out of the clerks office until after said party has filed his motion for a rehearing, or until the time for filing such motion has expired.

Source: Texas Rule 56 (for Courts of Civil Appeals), unchanged.

Oct. 29, 1940, eff. Sept. 1, 1941.


Dec. 5, 1983, eff. April 1, 1984

Repealed by order of April 10, 1986, eff. Sept. 1, 1986.