Houston, TX asked in Family Law and Appeals / Appellate Law for Texas

Q: If I am a pro se appellee, should I wait until the appellant attorney notifies me to appear in court?

I am the appellee in a family accelarated appeal that my ex filed after a judgement for arrears was granted. Is it the appellant's attorney duty to notify me before I file my brief? Or should I file my brief regardless of notification?

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Appeals & Appellate Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Assuming that you are referring to an appeal to the court of appeals (as opposed to a de novo appeal from an associate judge's ruling to the district court), your brief is due twenty days after the Appellant's attorney files the Brief of Appellant in the court of appeals. Tex. R. App. P. 38.6(b)

This time is set by the Texas Rules of Appellate Procedure. Opposing counsel has no duty to notify you. As a pro se litigant, you are required to familiarize yourself with all of the applicable rules and laws and to comply with them just like an attorney.

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