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Monday, July 4, 2016

Introduction to Texas State Civil Appellate Costs

The default rule of Texas state civil appellate costs—— is that a party who is not excused by statute or the Texas rules of appellate procedure from paying costs must pay — at the time an item is presented for filing — whatever fees are required by statute or Supreme Court order.[1]  Who doesn’t pay costs? Two main groups— the State or other government agencies and indigents, about which latter group we’ll have a lot to say about later. In a civil case, the court of appeals’ judgment should award to the prevailing party the appellate costs — including preparation costs for the clerk’s record and the reporter’s record — that were incurred by that party.[2] But the court of appeals may tax costs otherwise as required by law or for good cause.[3] The appellate clerk must prepare, and send to the trial court clerk with the mandate, a statement of costs showing the preparation costs for the appellate record, and any court of appeals filing fees, with a notation of those items that have been paid and those that are owing; and the party or parties against whom costs have been adjudged.[4] When the trial court clerk receives the mandate, the appellate court’s judgment must be enforced.[5] Appellate court costs must be included with the trial court costs in any process to enforce the judgment.[6] If all or part of the costs are collected, the trial court clerk must immediately remit to the appellate court clerk any amount due to that clerk.[7]
The Supreme Court clerk will prepare, and send to the clerk to whom the mandate is directed, a statement of costs showing: (a) the costs that were incurred in the Supreme Court, with a notation of those items that have been paid and those that are owing; and (b) the party or parties against whom costs have been adjudged.[8] If the Supreme Court renders judgment, the trial court need not make any further order.[9] Upon receiving the Supreme Court's mandate, the trial court clerk must proceed to enforce the judgment of the Supreme Court's as in any other case.[10] Appellate court costs must be included with the trial court costs in any process to enforce the judgment.[11] If all or part of the costs are collected, the trial court clerk must immediately remit to the appellate court clerk any amount due to that clerk.[12]



[1] Tex. R. App. P. 5.
[2] Tex. R. App. P. 43.4.
[3] Id.
[4] Tex. R. App. P. 51.1(a).
[5] Tex. R. App. P. 51.1(a).
[6] Id.
[7] Id.
[8] Tex. R. App. P. 65.1
[9] Tex. R. App. P. 65.2
[10] Id.
[11] Id.
[12] Tex. R. App. P. 65.2

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