Freestone County District Court, Texas
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements11 rules
Audio exhibits may not exceed 100 Mb.
Video files may not exceed 2 GB.
Audio or video exhibit media may contain only the segments being offered as exhibits.
Court's wording
Only segments offered as an exhibit can be on the audio or video media (i.e., a DVD of jail phone calls with 50 calls, if only certain calls are being offered, copy only those calls onto a separate disk and offer that disk as an exhibit, not all 50 calls).
Audio or video media must use one of the listed extensions; media with another extension must be converted, while listed extensions need not be converted to .mp3 or .mp4.
Court's wording
A list of valid extensions that the media must be submitted in are: .avi, .wmv, .ogg, .oga, .ogv, .webm. If an exhibit has any of those extensions, the sponsoring party does not have to convert it to a .mp3 or .mp4 file. If it does not have any of those extensions, the sponsoring party shall convert it.
When introducing an audio or video CD/DVD/Media storage device, the Court orders that the sponsoring party of the media shall ensure it is in a format that may be uploaded and accepted by the appropriate court of appeals and their guidelines.
Audio and video exhibits must use an accepted file extension; other files must be converted to an acceptable format, and the media may contain only the offered exhibit.
Court's wording
**Audio and Video files:** A list of valid extensions that these files must be submitted in are: .avi, .wmv, .wav, .mpg, .mid, .asf, .mpeg, .mp1, .mp2, .mp3, .mp4, .mp4v, .mpg, .ogg, .oga, .ogv, .webm. If an exhibit has any of those extensions, the sponsoring party is not required to convert it to a .mp3 or .mp4 file. If it does not have any of those extensions, the sponsoring party shall convert it to an acceptable format. Nothing other than what is offered as an Exhibit may be included on the audio or video media.
Documents: PDF
- File type
If at any time in the future the case in on appeal and the Court of Appeals cannot open the exhibit that was offered, the sponsoring party that offered the exhibit will be responsible to provide the court reporter with the exhibit that is in the acceptable format as required by the appropriate court of appeals.
Any exhibits designated by the parties for inclusion in the reporter's record shall be arranged in numerical order and firmly bound together so far as practicable, together with an index consisting of a brief description identifying each exhibit.
Formatting
- •Arrange designated exhibits in numerical order
The form of the appendix and transcription shall conform to any specifications of the Supreme Court and/or the Court of Criminal Appeals and comply with the Order Directing the Form of the Appellate Record and the Uniform Format Manual for Texas Reporters' Records.
**Physical evidence** may be submitted via a photograph.
Document Filing Requirements6 rules
The Petitioner must attach this Order to the original petition and every copy; if the Petitioner fails to do so, the Clerk must ensure the copies are attached when the petition is filed.
Court's wording
The Petitioner shall attach a copy of this Order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this Order to the original petition and any copy of the petition, the Clerk shall ensure that a copy of this Order is attached to the petition and every copy of the petition provided.
The appellate reporter’s record must clearly label its numbered contents and certify that it is a clear and accurate copy of the entire original recording.
Court's wording
The reporter's record on appeal from any proceeding of which an electronic recording has been made shall be labeled to reflect clearly the numbered contents certified by the court recorder to be a clear and accurate copy of the original recording of the entire proceedings.
Each party shall file with its brief, an appendix containing a written transcription of all portions of the recorded reporter's record and a copy of all exhibits relevant to the issues raised on appeal.
If a party is unable to afford costs, the court recorder must transcribe or have transcribed the recorded reporter's record and file the transcription as that party's appendix, along with all exhibits.
In the subject line of the email, include: The Respondent's initials, The cause number, and The Exhibit number; for example "Petitioner's Exhibit 1".
The appellate court may direct a party to file a supplemental appendix containing a written transcription of additional portions of the recorded reporter's record.
Filing & Service rules
Filing Timing and Cure Windows
The recorder must file the original log and exhibits with the clerk after the proceeding ends and deliver a properly labeled certified recording copy to the court within ten days.
c. Filing with the clerk the original log and exhibits after a proceeding ends, and within ten days, delivering to the court a certified copy of the recording of the proceeding that is appropriately labeled as required herein, to be stored at the court;
Page 1 | Duties of Court Recorder(s)
The court recorder must file the reporter’s record with the court of appeals within fifteen days after the appeal is perfected.
The court recorder shall file the reporter's record with the court of appeals within fifteen days after the perfection of an appeal.
Page 2 | Time for Filing
Service and Proof of Service Rules
The party serving a witness subpoena must provide proof of service and file it with the court clerk.
Proof of service of the subpoena will be provided by the party serving the subpoena and filed with the court clerk.
Page 2 | Subpoenas for Remote Hearings
Witness subpoenas for remote hearings may be served by email or another means calculated to provide notice.
Service of a witness subpoena may be accomplished by email or any other means calculated to provide notice of service.
Page 2 | Subpoenas for Remote Hearings
Unless the exhibit was emailed previously, email it to opposing counsel, the judge, and the court reporter.
Unless you did so previously, email the Exhibit to: Opposing Counsel, The Judge, and the Court Reporter
Page 3 | Evidence for Remote Hearings