What is the deadline to request an appellate record in Texas?

The rules of appellate procedure provide that a reporter’s record should be requested on or before the deadline to perfect the appeal. See Texas Rule of Appellate Procedure 34.6(b)(1). However, the rules also provide that an appellate court may not refuse to file a reporter’s record because of failure to timely request it. See Texas Rule of Appellate Procedure 34.6(b)(1). The rules of appellate procedure do not require a party to file a request for the clerk’s record. The trial court clerk is generally required to prepare a clerk’s record regardless of whether one is requested. See Texas Rule of Appellate Procedure 34.5(a). The rules of appellate procedure provide that, at any time before the trial court clerk prepares the clerk’s record, a party may file a designation of items to be included in the clerk’s record. See Texas Rule of Appellate Procedure 34.5(b). However, the rules also provide that an appellate court may not refuse to file a clerk’s record or supplemental clerk’s record because of failure to timely request that items be included in the clerk’s record. See Texas Rule of Appellate Procedure 34.6(4).

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