Back to Main Page / Back to List of Rules

Rule 416. Brief: Appellee's Brief When Appellant Files No Brief


When appellant has failed to file his brief as provided in the foregoing rules, the appellee may, prior to the call of the case, file his brief, which the court may in its discretion regard as a correct presentation of the case, and upon which it may, in its discretion, affirm the judgment of the court below without examining the records.

Source: Texas Rule 39 (for Courts of Civil Appeals), with minor textual change.

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

Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Incorporated into Rule 414.