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Rule 389a. Statement of Facts. Duty of Clerk on Receiving (1955)
Upon receipt of a statement of facts, the clerk shall ascertain if it has been agreed to by the parties under the provisions of Rule 377 (d) or Rule 378, or if it has been settled and approved by the judge of the trial court under the provisions of Rule 377 (d). The clerk shall also determine if such statement of facts be presented for filing within the time prescribed by Rule 384, 385 or 386, as the case may be. If the clerk finds that the statement of facts has been agreed to by the parties or approved by the trial judge and timely presented, he shall forthwith file the same, otherwise he shall endorse thereon the time of the receipt of such statement of facts and 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. A party who agrees to a statement of facts shall be deemed to have waived the filing of the same in the trial court. The approval of the trial judge of a statement of facts shall be deemed tantamount to filing the same in the trial court.
Note: New Rule.
July 20, 1954, eff. Jan. 1, 1955.
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Repealed by order of April 10, 1986, eff.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.