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Rule 389. Transcript: Duty of Clerk on Receiving


Upon receipt of the transcript the clerk shall indorse his filing thereon, showing the date of its reception, if it comes to him properly indorsed and provided it is filed within the time required, and shall notify the adverse party of the receipt of the record in said cause. If it comes to him after the said date, or is not so properly indorsed, he shall without filing it, make a memorandum upon it of the date of its reception and keep it in his office subject to the order of the person who sent it or to the disposition of the court, at the same time notifying in writing the person who sent it why the clerk does not file it. Said transcript shall not be filed until a proper showing has been made to the court for its not being properly indorsed or for not being received by the clerk in proper time, and upon this being done it may be ordered by the court to be 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.

Source: Art. 1845 (part) and Texas Rule 2 (for Courts of Civil Appeals), with minor textual change.

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


June 10, 1980, eff. Jan. 1, 1981

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

Repealed by order of April 10, 1986, eff.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