General Filing Requirements
Rule 9 of the Texas Rules of Appellate Procedure provides instructions for all documents filed with the Texas Supreme Court. In addition, if you are filing a petition for review, be sure to read and follow the requirements of Rule 53 of the Texas Rules of Appellate Procedure. Rule 53.2 explains what the required contents are for a petition for review. If you are filing an original proceeding, such as a petition for writ of mandamus or writ of habeas corpus, you should read and follow the requirements of Rule 52 of the Texas Rules of Appellate Procedure. Rule 52.3 explains what the necessary contents and form are for a petition filed in an original proceeding. Failure to follow the requirements of Rule 9, Rule 52, or Rule 53 may result in the Court striking your filing for failure to comply with the rules.
Electronic filing
All attorneys must file all documents with the Court through the Texas.gov electronic filing system. To use the electronic filing system you must first choose an electronic filing service provider and register. Please choose an electronic filing service provider and register today!
Through the Texas.gov filing system, you can electronically file documents, pay your fees, and serve opposing counsel. Please remember to send two paper copies of petitions, responses, replies to responses to petitions, and amicus briefs, four copies of briefs on the merits, and one copy of the record in an original proceeding.
For more details, see the Electronic Filing Rules for the Supreme Court of Texas. For more information about creating electronic briefs, please read this Guide to Creating Better Electronic Briefs. You can also watch a video that shows step-by-step instructions for using Adobe Acrobat to create an electronic brief.
Paper filings and paper courtesy copies
If you are not an attorney you may file using the traditional paper filing method. An original and eleven copies are required for almost all paper filings with the Texas Supreme Court. Filings must be accompanied by the appropriate filing fee (Filing Fee Table).
Both paper filings and paper courtesy copies must comply with the Texas Rules of Appellate Procedure. There are specific requirements for binding in Rule 9.4 of the Texas Rules of Appellate Procedure. Documents must be bound so that they will lie flat when open. You may not use any kind of plastic cover. In addition, covers may not be black, dark blue or red. Rule 9.4 also includes specific requirements for form, printing, paper size and type, fonts, margins and contents. Paper courtesy copies must be the printed version of the electronically filed document and must bear the electronic file stamp. Documents that do not comply with the rules may be stricken by the court and returned to the filing party. View the Texas Rules of Appellate Procedure.
Fees
There are filing fees for motions, petitions for review, petitions for writs of mandamus, petitions for writs of habeas corpus, direct appeals, certified questions, and other filings. For a list of the filing fees that apply, see the table below. There are no filing fees for responses to petitions for review, replies, briefs on the merits, responses to briefs on the merits, and replies to briefs on the merits. Motions accompanying other actions must be treated as separate filings and the appropriate filing fee paid.
Fees may be paid in cash, by check or money order. Checks and money orders should be made payable to, "Clerk, Supreme Court of Texas". Credit cards are not accepted.
Supreme Court Filing Fees
| Petition for Review | $125.00 |
| Additional Fee if Granted | $75.00 |
| Motion for Extension of Time | $10.00 |
| Petition for Writ of Mandamus, Habeas Corpus, Prohibition, Injunction and other original proceedings | $125.00 |
| Motion for Rehearing | $15.00 |
| Miscellaneous Motions (not covered above or in Tex. Gov't Code § 51.05) | $10.00 |
| Exhibits tendered for argument | $25 |
| Certified Question from Federal courts | $150 |
| Direct Appeal (case appealed directly to the Texas Supreme Court from a state district court) | $175 |
| Any other proceeding filed in the Texas Supreme Court | $150 |
| *These fees are established by Court order or statute. As such, waivers for exemption from bond or security for court costs or appeals do not apply. Unpaid fees will be reported to the Court for action as appropriate. | |
Common Questions for Filing Requirements
- When filing electronically, how many paper copies do I need to file?
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Within three business days of filing electronically, you must file the following number of paper courtesy copies:
- One paper copy of the record in an original proceeding.
- Two paper copies of petitions, responses to a petition, replies to a responses, and amicus briefs.
- Four paper copies of all briefs on the merits.
- No paper copies of motions are required.
- I am not an attorney and plan to file on paper. How many paper copies do I need to file?
- If you are filing with the Supreme Court of Texas, you will need the original and 11 copies. See TRAP 9.3(b). Motions require filing of the original and one copy.
- What color does my cover of the filing need to be?
- The cover color CANNOT be red, black, dark blue or plastic. See TRAP 9.4(f). You may use any other color for your filing, although it is recommended that you use a light color.
- Does my paper filing need to be bound?
- A document must be bound so as to ensure that it will not lose its cover or fall apart in regular use. You may use spiral binding or staple the document in the top left-hand corner of the document. Regardless of how you bind your document, it must lie flat when open. TRAP 9.4(f). One frequent question regarding binding documents is whether short documents (e.g. 2-10 pages) must be spiral bound. You do not have to use spiral binding, you may securely staple the document in the top left-hand corner.
- How can I get a copy of a case/record?
- The Clerk's Office will not copy, fax or e-mail cases to individuals. If you would like a copy of a case, filing or record you will need to come in person, or send a runner to the Clerk's office. The briefs are not allowed to leave the building. Copies are made in the State Law Library located down the hall from the Clerk's Office. (Map to Office) http://www.tspb.state.tx.us/SPB/Plan/FloorPlan/pdf/CapitolComplex%20b&w.pdf
- What font size do I have to use?
- Rule 9.4(e) governs the font type and size that must be used in documents filed in all Texas appellate courts, including the Supreme Court of Texas. If you are using a computer, the font size must be no smaller than 13 point font and footnotes may be no smaller than 10 point font. The rule does not require that you use any particular font, although common fonts used are Times New Roman, Georgia, and Courier. If you are using a typewriter, the typeface may be no smaller than standard 10-character-per-inch (cpi) nonproportionally spaced Courier typeface. See Rule 9.4(e).
- Do you accept fax filings?
- No. Fax filings are not accepted and will not be docketed. In an emergency, the Clerk's Office may accept an advance copy of a motion for emergency relief or other filing by e-mail, but your document will not be officially "filed' until you file the document through Texas.gov or, if you are not an attorney, file through the traditional paper filing method. In the event that you need emergency relief, please contact the Clerk's Office at (512) 463-1312 before sending any filings by e-mail.
- I am in another city, but the mailbox rules does not apply and my filing deadline is today. What should I do?
- We recommend that you use Texas.gov e-filing. If you cannot e-file for some reason,there are numerous copy, courier, and lawyer assistance companies in Austin. We cannot recommend or endorse any particular company, but you can find them by using an internet search engine or by contacting a local attorney that may be familiar with these companies.
Updated: 06-Sep-2011
