Gammel's Rules of the Courts of Texas Page: 27 of 70
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TEXAS COURT RULES.
index shall contain also a list of all cases and authorities referred to
in the brief, alphabetically arranged, together with references to the
pages of the brief where they are cited.
On or before the day fixed for the hearing of the cause and before
the opening of the court, four copies of the brief of each party shall
be filed in the office of the clerk of the court.
One of the copies of the brief of each party shall be signed by at
least one of his attorneys,.
The brief of each party shall give the postoffice addresses of the
respective attorneys whose names are subscribed to it.
The brief of either party may be amended by a citation of additional
authorities if filed and notice be given counsel for the opposite
party one day before the case is called. No other amendment of the
brief shall be allowed except by permission and under direction of
A failure on the part of counsel for the appellant or plaintiff in
error to file assignments of error and briefs in the trial court and in
the Court of Civil Appeals within the time and in the manner prescribed
by law and by the rules, shall be ground for dismissing the
appeal or writ of error, either by the court of its own motion or on
motion of the appellee or defendant in error, unless good cause is
shown for such failure and that the appellee or defendant in error
has not suffered material injury thereby in his defense of the cause
in the appellate court. If the motion be overruled, the Court of Civil
Appeals shall give such direction to the cause as it may deem proper.
When the appellant or plaintiff in error has failed to prepare the
case for submission, by the omission of what is required after bond
or affidavit filed for appeal or writ of error with citation served, the
appellee or defendant in error, before the call of the case, may file
in the Court of Civil Appeals 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 trial court, without
examining the record further than to see that the jitdgment is
one that can be affirmed under the view presented by the appellee or
defendant in error.
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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/m1/27/: accessed November 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .