Summary
The Fourteenth Court of Appeals of Texas ordered the official court reporter to file the overdue reporter’s record by June 15, 2012. The order noted the prior extensions, emphasized the joint responsibility of the trial and appellate courts for timely filing, and warned that a hearing could be ordered if the record was not timely filed.
Topics
Practice areas
Questions Presented
- Whether to grant the court reporter's third request for an extension to file the reporter's record.
- What deadline and enforcement mechanism should govern the filing of the overdue reporter's record.
Holdings
- The court granted the third extension request and ordered the official court reporter to file the reporter's record on or before June 15, 2012.
- The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed.
Key quotations
“No further extension will be entertained.”
“If Jenny Bonnes does not timely file the record as ordered, the Court may issue an order directing the trial court to conduct a hearing to determine the reason for the failure to file the record.”
Factual background
The reporter's record was due March 9, 2012, but had not been filed by the time of the order. The appellate court had previously extended the filing deadline to April 26 and then May 29, 2012, and the record remained outstanding.
Procedural history
Freeman appealed from the 410th District Court of Montgomery County in trial court cause number 09-11-11188-CR. After the reporter's record became overdue, the court granted two prior extension requests and granted a third request, ordering the official court reporter to file the record by June 15, 2012.