Gammel's Rules of the Courts of Texas Page: 30 of 70
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TEXAS COURT RULES.
mission, shall be in writing, signed by the parties or their counsel,
and filed with the transcript or be contained in it, and, to the extent
that such agreement may vary the regular order of proceedings, shall
be subject to such rules of the court as may be necessary to secure a
proper preparation of a submission of the case.
ARGUMENTS OF COUNSEL.
47. When the case is properly prepared for submission, any party
who has filed briefs in accordance with the rules prescribed therefor,
may, upon the call of the case for submission, submit an argument
to the court, either oral or plainly written or printed, which, if
written or printed, may be left on file with the transcript copies of
which need not be furnished unless printed.
48. The arguments must be upon the disputed points, whether of
law or fact, in support of the propositions relied on, on one side, and
objections and counter-propositions on the other, and it must be confined
to them, avoiding any reference or comment upon positions
taken in the trial court, or to other extraneous matters not involved
in or pertaining to that which is found in the record.
49. In referring to statutes, that part directly bearing upon or
relevant to the position, should be read at the bar or stated in the
written or printed arguments, and in citing elementry books or decisions
of courts, the principle should be stated, or so much should be
read or stated as bears directly on or tends to maintain the proposition
for which it is cited in the brief.
50. After the case has been presented to the court by such explanation
as may be necessary, each side may be allowed an hour in
argument at the bar, with twenty minutes more in conclusion by the
appellant; and, after being so presented, if the magnitude or importance
of the case or the difficulty of the questions seem to require it,
:a longer time may be allowed. Not more than two counsel on each
side will be heard, except upon leave of the court.
51. If counsel for but one party has filed briefs, an argument by
him may be allowed, conformably to the preceding rules, as nearly
.as practicable, under the direction of the court.
52. Counsel who argue a case at the bar will be expected to be
;able to answer questions propounded by the members of the court,
relating to the matters contained in the record, and to the laws or
authorities cited in the argument.
53. Should it be apparent, during the progress of the trial, or
afterwards, that the case has not been properly prepared, as shown
in the transcript, or properly presented in the brief or briefs, or that
the law and authorities have not been properly cited, which will
enable the court to decide the case, it may decline to receive the submission,
or, if received, may set it aside and make such orders as
may be necessary to secure a more satisfactory submission of the
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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/m1/30/: accessed March 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .