Civil Docketing Statement Form PDF Details

When a legal dispute or case is taken to an appellate court for review, a Civil Docketing Statement form becomes a crucial starting point in the appellate process. This comprehensive document serves multiple purposes, from providing the appellate court with an overview of the legal matter at hand to ensuring that all necessary information is systematically organized for efficient case management. It includes vital sections such as appellate docket number, case style, details on both the appellant and appellee, and the attorneys involved. The form also delves into the specifics of the appeal, including the nature of the case, jurisdictional questions, and details on the perfection of appeal. It outlines actions that may extend the time to perfect an appeal, inquiries about indigency, and whether any party has filed for bankruptcy protection, which could influence the appeal. Furthermore, the form addresses the trial court and record details, requests for extraordinary relief, and considerations for alternative dispute resolution or mediation. Submitters must also disclose any related matters that might be pending in other Texas appellate courts to provide a comprehensive background for the case. Collectively, the Civil Docketing Statement form is designed to streamline the appellate process by collecting detailed and pertinent information upfront, guiding both the appellants and the appellate court through the initial phases of the appeal process.

QuestionAnswer
Form NameCivil Docketing Statement Form
Form Length7 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 45 sec
Other namesdocketing statement texas court of appeals, docketing statement texas, texas docketing, texas civil statement

Form Preview Example

Appellate Docket Number:

Appellate Case Style:

Vs.

Companion Case No(s) :

 

Amended/corrected statement:

DOCKETING STATEMENT (Civil)

 

 

 

Appellate Court:

 

 

 

(to be filed in the court of appeals upon perfection of appeal under TRAP 32)

 

 

 

 

 

 

 

I. Appellant

 

 

II. Appellant

Attorney(s)

 

 

 

 

 

 

Person

Organization (choose one)

 

Lead Attorney

 

Organization:

 

 

First Name:

 

 

First Name:

 

 

Middle Name:

 

 

Middle Name:

 

 

Last Name:

 

 

Last Name:

 

 

Suffix:

 

 

Suffix:

 

 

Law Firm Name:

 

Pro Se:

 

 

Address 1:

 

 

 

 

 

Address 2:

 

 

 

 

 

City:

 

 

 

 

 

 

 

 

 

 

State:

Zip+4:

 

 

 

 

 

 

 

 

Telephone:

ext.

 

 

 

 

 

 

 

 

Fax:

 

 

 

 

 

Email:

 

 

 

 

 

SBN:

 

 

 

 

 

 

 

III. Appellee

 

 

IV. Appellee Attorney(s)

 

 

 

 

 

 

Person

Organization (choose one)

 

Lead Attorney

 

 

 

 

First Name:

 

 

First Name:

 

 

Middle Name:

 

 

Middle Name:

 

 

Last Name:

 

 

 

 

 

 

Last Name:

 

 

Suffix:

 

 

 

 

 

 

Suffix:

 

 

Law Firm Name:

 

 

 

 

Pro Se:

 

 

Address 1:

 

 

 

 

 

Address 2:

 

 

 

 

 

 

 

 

 

 

City:

 

 

 

 

 

 

 

 

 

 

State:

Zip+4:

 

 

 

 

Telephone:

ext.

 

 

 

 

 

 

 

 

 

Fax:

 

 

 

 

 

Email:

 

 

 

 

 

SBN:

 

 

 

 

 

 

 

 

 

 

Page 1 of 7

 

Type of judgment:

V. Perfection Of Appeal And Jurisdiction

Nature of Case (Subject matter or type of case):

Date order or judgment signed:

Date notice of appeal filed in trial court:

If mailed to the trial court clerk, also give the date mailed:

Interlocutory appeal of appealable order: Yes No

If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated appeal (See TRAP 28):

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

If yes, please specify statutory or other basis on which appeal is accelerated:

 

 

 

Parental Termination or Child Protection? (See TRAP 28.4):

Yes

No

 

 

 

Permissive? (See TRAP 28.3):

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

If yes, please specify statutory or other basis for such status:

 

 

 

 

 

Agreed? (See TRAP 28.2):

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

If yes, please specify statutory or other basis for such status:

 

 

 

 

 

Appeal should receive precedence, preference, or priority under statute or rule:

Yes

No

 

 

 

 

If yes, please specify statutory or other basis for such status:

 

 

 

 

 

Does this case involve an amount under $100,000?

Yes

No

 

 

 

 

Judgment or order disposes of all parties and issues:

Yes

No

 

 

 

 

Appeal from final judgment:

 

 

Yes

No

 

 

 

 

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance?

Yes

No

 

 

 

 

 

 

 

VI. Actions Extending Time To Perfect Appeal

 

 

 

 

 

 

 

 

 

 

 

 

 

Motion for New Trial:

Yes

No

If yes, date filed:

 

 

 

Motion to Modify Judgment:

Yes

No

If yes, date filed:

 

 

 

Request for Findings of Fact

Yes

No

If yes, date filed:

 

 

 

and Conclusions of Law:

 

 

 

 

 

 

 

 

Motion to Reinstate:

Yes

No

If yes, date filed:

 

 

 

 

 

 

 

 

 

 

 

Motion under TRCP 306a:

Yes

No

If yes, date filed:

 

 

 

 

 

 

 

 

 

 

 

Other:

Yes

No

 

 

 

 

 

 

If other, please specify:

 

 

 

 

 

 

 

 

VII. Indigency Of Party: (Attach file-stamped copy of Statement, and copy of the trial court order.)

Was Statement of Inability to Pay Court Costs filed in the trial court?

Yes

No

If yes, date filed:

Was a Motion Challenging the Statement filed in the trial court?

Yes

No

If yes, date filed:

Was there any hearing on appellant's ability to afford court costs?

Yes

No

Hearing date:

Did trial court sign an order under Texas Rule of Civil Procedure 145?

Yes

No

Date of order:

If yes, trial court finding:

 

Challenge Sustained

 

Overruled

 

 

 

 

 

 

Page 2 of 7

VIII. Bankruptcy

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal?

 

Yes

 

No

If yes, please attach a copy of the petition.

 

 

 

 

 

Date bankruptcy filed:

Bankruptcy Case Number:

 

 

 

 

IX. Trial Court And Record

Court:

County:

Trial Court Docket Number (Cause No.):

Trial Judge (who tried or disposed of case):

First Name:

Middle Name:

Last Name:

Clerk's Record:

 

 

Trial Court Clerk:

District

County

Was clerk's record requested?

Yes

If yes, date requested:

If no, date it will be requested:

Were payment arrangements made with clerk?

Yes

No

No Indigent

Suffix:

 

Address 1:

 

Address 2 :

 

City:

 

State:

Zip + 4:

Telephone:

ext.

Fax:

 

Email:

 

(Note: No request required under TRAP 34.5(a),(b))

Reporter's or Recorder's Record:

 

 

 

 

 

 

Is there a reporter's record?

Yes

No

 

 

 

 

Was reporter's record requested?

Yes

No

 

 

 

 

Was there a reporter's record electronically recorded?

Yes

No

 

 

If yes, date requested:

 

 

 

 

 

 

If no, date it will be requested:

 

 

 

 

 

 

Were payment arrangements made with the court reporter/court recorder?

Yes

No Indigent

 

 

 

 

 

Page 3 of 7

Court Reporter

 

 

Court Recorder

 

 

Official

 

 

 

Substitute

 

 

First Name:

 

 

 

 

 

 

Middle Name:

 

 

 

 

 

Last Name:

 

 

 

 

 

 

Suffix:

 

 

 

 

 

 

Address 1:

 

 

 

 

 

 

Address 2:

 

 

 

 

 

 

City:

 

 

 

 

 

 

State:

 

 

Zip + 4:

 

 

Telephone:

 

 

ext.

 

 

 

Fax:

 

 

 

 

 

 

Email:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

X. Supersedeas Bond

 

 

 

 

 

 

 

 

 

 

Supersedeas bond filed: Yes

No

If yes, date filed:

 

 

Will file:

Yes

No

 

 

 

 

 

 

 

 

 

XI. Extraordinary Relief

 

 

 

 

 

 

 

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court?

Yes

No

If yes, briefly state the basis for your request:

 

 

XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeal)

Should this appeal be referred to mediation?

Yes No

If no, please specify:

 

 

 

 

 

 

 

 

 

Has the case been through an ADR procedure?

 

 

Yes

 

No

 

 

 

 

 

 

 

If yes, who was the mediator?

 

 

 

 

 

 

 

 

 

What type of ADR procedure?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

At what stage did the case go through ADR?

 

 

Pre-Trial

 

 

Post-Trial

 

Other

If other, please specify:

 

 

 

 

 

 

 

 

 

Type of case?

Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief):

How was the case disposed of?

Summary of relief granted, including amount of money judgment, and if any, damages awarded.

If money judgment, what was the amount? Actual damages:

Punitive (or similar) damages:

Page 4 of 7

Attorney's fees (trial):

Attorney's fees (appellate):

Other:

If other, please specify:

Will you challenge this Court's jurisdiction?

Yes

No

 

 

 

 

 

 

 

 

Does judgment have language that one or more parties "take nothing"?

Yes

No

 

 

 

 

Does judgment have a Mother Hubbard clause?

Yes

No

 

 

 

 

 

 

 

 

Other basis for finality?

 

 

 

 

 

 

 

 

 

 

 

Rate the complexity of the case (use 1 for least and 5 for most complex):

1

2

 

 

 

4

5

 

3

 

 

Please make my answer to the preceding questions known to other parties in this case.

 

 

Yes

No

Can the parties agree on an appellate mediator?

Yes

No

 

 

 

 

 

 

 

 

If yes, please give name, address, telephone, fax and email address:

 

 

 

 

 

 

 

 

Name

Address

 

Telephone

 

 

Fax

 

 

 

Email

Languages other than English in which the mediator should be proficient:

Name of person filing out mediation section of docketing statement:

XIII. Related Matters

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.

Docket Number:Trial Court:

Style:

Vs.

Page 5 of 7

regarding the appeal?

XIV. Pro Bono Program: (Complete section if filing in the 1st, 2nd, 3rd, 5th, 13th or 14th Courts of Appeals)

The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court.

The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement.

Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys.

Do you want this case to be considered for inclusion in the Pro Bono Program?

Yes

No

Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have Yes No

Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program.

If you have not previously filed an Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes No

These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes No

If yes, please attach an Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee. Sample forms may be

found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial circumstances.

Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).

XV. Signature

Signature of counsel (or pro se party)

Date:

Printed Name:

State Bar No.:

Electronic Signature:

 

(Optional)

 

Page 6 of 7

XVI. Certificate of Service

The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial

court's order or judgment as follows on

.

 

 

Signature of counsel (or pro se party)

Electronic Signature:

 

(Optional)

Person Served

State Bar No.:

 

Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state:

(1)the date and manner of service;

(2)the name and address of each person served, and

(3)if the person served is a party's attorney, the name of the party represented by that attorney

Please enter the following for each person served:

Date Served:

Manner Served:

First Name:

Middle Name:

Last Name:

Suffix:

Law Firm Name:

Address 1:

Address 2:

City:

StateZip+4:

Telephone:ext.

Fax:

Email:

If Attorney, Representing Party's Name:

Page 7 of 7

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Stage number 1 in submitting sample docketing statement

2. Right after this selection of blanks is filled out, go to type in the suitable information in all these: Organization First Name Middle, Suffix, Pro Se, First Name Middle Name Last Name, Suffix Law Firm Name Address, Address, City State, Telephone, Fax, Email, SBN, III Appellee, Person, Organization choose one, and IV Appellee Attorneys.

First Name Middle Name Last Name, Telephone, and Organization First Name Middle of sample docketing statement

3. Completing Suffix, Pro Se, Suffix Law Firm Name Address, Address, City State, Telephone, Fax, Email, SBN, Page of, Zip, and ext is essential for the next step, make sure to fill them out in their entirety. Don't miss any details!

sample docketing statement writing process detailed (part 3)

4. Filling in V Perfection Of Appeal And, Nature of Case Subject matter or, Date order or judgment signed, Type of judgment, Date notice of appeal filed in, If mailed to the trial court clerk, Interlocutory appeal of appealable, Yes, If yes please specify statutory or, Accelerated appeal See TRAP, Yes, If yes please specify statutory or, Parental Termination or Child, Yes, and Permissive See TRAP is vital in the next step - ensure to take your time and fill out every single empty field!

Guidelines on how to fill out sample docketing statement step 4

It's easy to make errors when completing the Nature of Case Subject matter or, thus be sure you look again before you submit it.

5. As you come close to the conclusion of the document, you'll notice a few extra points to complete. Specifically, Appeal should receive precedence, Yes, If yes please specify statutory or, Does this case involve an amount, Judgment or order disposes of all, Appeal from final judgment, Yes, Yes, Yes, Does the appeal involve the, Yes, VI Actions Extending Time To, Motion for New Trial, Motion to Modify Judgment, and Request for Findings of Fact and should be done.

Writing section 5 in sample docketing statement

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