Gammel's Rules of the Courts of Texas Page: 14 of 70
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TEXAS COURT RULES.
service of notice may be proved by the affidavit of any person,
deposited with the clerk and filed among the papers in the cause.
6. When service of the citation in error shall have been had, or
the defendant in error has filed a reply to the application, it shall
be the duty of the clerk to put the case upon the trial docket and to
mark upon the file the number of the case shown upon such docket.
Cases upon the trial docket shall be numbered consecutively in the
order in which they are entered thereon.
7. Causes in this court will be regularly submitted on Wednesday
of each week, though a case may be set down for submission upon
another day by the permission or direction of the court.
8. A case shall stand for submission upon the first regular day of
the submission of causes coming after the expiration of twenty days
from the day on which the writ of error shall have issued; provided,
the citation in error shall have been served ten days before such
submission day. If not so served then the case shall be subject to
submission on the first regular submission day which falls ten days
after service of the citation.
9. Unless otherwise ordered, motions will be submitted with the
case, and the adverse party will be required to take notice of all
motions filed in the cause on or before the Tuesday immediately preceding
such submission day. Notice shall be given of all motions
filed after that time.
10. The clerk shall keep a motion docket upon which shall be
entered every motion as soon as filed. The motion shall be numbered
consecutively upon the docket and its number shall be placed
on the motion itself.
11. A party who elects to file in this court a brief in addition
to the brief filed in the Court of Civil Appeals, shall comply as near
as may be with the rules prescribed for briefing causes in the latter
court and shall confine his briefs to the point raised in the motion for
a rehearing and presented in the application for a writ of error.
12. When any Court of Civil Appeals shall certify to this court
any question for determination, or shall send to this court any cause
upon a certificate of dissent, either upon its own motion or that of
any party, the certificate, in either case, shall be accompanied by the
briefs filed in the Court of Civil Appeals; and the clerk of this court
shall, upon the receipt of the briefs, issue notices to the attorneys
whose names appear thereon of the day on which the question or
cause, as the case may be, shall be set down for submission.
13. The rules prescribed for.the Court of Civil Appeals as to
the custody of transcripts, the argument of causes and as to the
notices to attorneys of the disposition of cases shall govern in this
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5836/m1/14/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .