No. ______
[Insert Plaintiff’s Name] § IN THE DISTRICT COURT OF
Plaintiff, §
§
vs. § ______COUNTY, TEXAS
§
[Insert Defendant’s Name] §
Defendant. § _____ JUDICIAL DISTRICT
PLAINTIFF’S designation of items to be included in CLERK’S RECORD
TO: [Insert the Name, Title, and Address of the District Court Clerk, available on the District Clerk’s Website]
Under Texas Rule of Appellate Procedure 34.5, Plaintiff [insert plaintiff’s name] files this designation of items to be included in the Clerk’s Record in the appeal of the final judgment in the above case.
Request for Mandatory Items
[Insert party’s name] designates the following mandatory items specified in Texas Rule of Appellate Procedure 34.5 for inclusion in the sworn record:
- all pleadings on which the summary judgment proceedings were held;
- the court’s docket sheet;
- the court’s order that is being appealed namely, the Final Judgment dated January 10, 2007;
- any post-order motions and the court’s orders thereon;
- all notices of appeal; and
- all requests for preparation of the Clerk’s Record.
Request for Additional Items
In addition, [insert party’s name] designates the items listed below, all of which are specifically described to make them readily identifiable:
[insert filed date] / Plaintiff’s Original Petition[insert filed date] / Defendant’s Original Answer
[insert filed date] / [insert additional filed documents that were considered by the court or the jury in the final decision of the case]
[insert filed date] / [insert final and appealable order in the case]
Under Texas Rule of Appellate Procedure 37.3, Plaintiff [insert plaintiff’s name] will pay for the preparation of the Clerk’s Record.
Respectfully submitted,
______
Appellant’s Name
Appellant’s Address
CERTIFICATE OF SERVICE
On [insert date], a copy of the foregoing instrument was served, in compliance with Texas Rules of Civil Procedure 21 and 21a, on the following in the manner listed below:
[Opposing Counsel’s Name] Via Regular Mail [or other acceptable method of service]
[Firm]
[Address]
Counsel for Appellee
______
Counsel for Appellant’s Name
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