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Rule 390. Party to File Own Transcript


(a) Either party may file the transcript for which he has applied to the district clerk, and which has been delivered to him; both of which facts must appear on the transcript by the indorsement of the district clerk. If the indorsement shows that it was applied for by one party and delivered to the other, it must be shown by the indorsement of the clerk, or otherwise, to entitle it to be properly filed as the transcript of the party to whom it was delivered, that it was delivered to him by consent of the other party, as each party has the sole right to the transcript which he has applied for to be made out for him; and if it is so filed without that fact being shown, the court may strike the case from the docket as improperly filed, upon its own inspection, or upon motion of the party to whom the transcript belonged.

(b) If but one party file his transcript in proper time, that shall be regarded as the transcript of the record of the case.

(c) If both parties file transcripts within the proper time, which they may do, and that of the appellant is properly made and indorsed, it shall be regarded by the court as the transcript of the record in the case, and the court will grant the appellee leave to withdraw that filed by him for his own use.

Source: Texas Rules 3, 4, and 5 (for Courts of Civil Appeals), with minor textual change.

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


June 16, 1943, eff. Dec. 31, 1943

Repealed by order of Dec. 5, 1983, eff. April 1, 1984. The filing of transcripts by more than one party has been made obsolete by Rule 376, which requires the clerk, when the appeal is perfected, to prepare a transcript including "any filed paper either party may designate as material," and transmit the transcript to the appellate court rather than to the party applying for it.