Gammel's Rules of the Courts of Texas Page: 31 of 70
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TEXAS COURT RULES.
case; or should it appear to the court after the submission of the
cause, that the statement of facts has been prepared in violation of
the rules, the court may require the plaintiff in error or appellant to
furnish four printed copies of such statement of facts, and upon his
failure to do so may disregard it. If the violation of the rule be
flagrant, the court may disregard the statement of facts altogether,
unless counsel for the appellant or plaintiff in error shall make it
appear by affidavit or otherwise, that he prepared a statement giving
what, in his opinion, he deemed a fair presentation of the evidence,
prepared in accordance with the rules, and that he was unable to get
it agreed to or approved. But should counsel for appellant or plaintiff
in error show that he has used due diligence to have a proper
statement of facts signed and approved, and that the statement of
facts as prepared is the result of the fault of the counsel for the
opposite party, such as his failure or refusal to agree to a proper
statement presented to him, the cost of printing the statement, if
ordered, shall be taxed against the appellee, or defendant in error,
as the case may be.
53a. If after the submission of the cause the court find that the
transcript is not prepared as required by the rules, and that it contains
matter which should not have been incorporated therein, the
court may in their discretion decline to proceed further with the
case, until the appellant or plaintiff in error presents a copy of the
transcript from which all foreign matters have been omitted, and the
court may, in addition thereto, require that such copy shall be
printed, and in case of the failure of such party to comply with the
court's order within a reasonable time, to be specified in such order,
the case shall be dismissed.
54. When a case has been properly prepared for submission, and
a satisfactory oral argument has been made, the court will promptly
announce its judgment, if practicable, at the next succeeding session
of the court, and, when deemed necessary, deliver a written opinion,
if not then, at some other time during the term of the court.
CUSTODY OF TRANSCRIPT.
55. Neither the transcript nor any of the papers in a case shall be
withdrawn from the custody of the clerk, nor-Taken from his office
or the court room without a receipt left therefor.
56. Cases, while under submission, either on the merits of the
appeal or on motion, are no longer under the control of the attorneys;
and, while so under submission, the clerk will not let the transcripts
of such cases go out of his office, excepti on the order of one
of the justices of the court. While not under submission, either
before submission or after decision, the parties or their attorneys
may, by complying with rules 55 and 60, obtain possession of the
transcript; provided, however, that when a case has been decided
upon the merits of the a'ppeal, no one, except the losing party or his
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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/m1/31/: accessed November 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .