• Cases on appeals don’t entail new witnesses or evidence; they involve reviewing the case for any errors during the trial. The reviews include the examination of the clerk’s records and the reporter’s notes concerning the case. These transcripts should be acquired by your attorney in preparation for the case.

The defendant also has a legal right to file a motion for a new trial simultaneously. In the event that the deadline for submitting a notice of appeal is extended, the defendant will then have 90 days in both a criminal and civil case from the date that the judgment is pronounced by the court to submit a notice of appeal as stipulated in the Texas Rule of Appellate Procedure section 26.2. 

Filing a motion for a new trial is a key strategy used by the defense team to present any errors regarding the case that are not available on the record, such as the evidence that shows the misconduct of a juror according to the Texas Rule of Appellate Procedure 21.3. It is important to note that a motion for a new trial has no effect on the jurisdiction of the court hence enabling the trial court to provide a ruling on the case notwithstanding the motion.

The deadline to file a motion for a new trial is within 30 days from the date that the court imposes a sentence in open court and the motion can then be amended at any time as long as it is within the 30 day period, which can be the case if new evidence is presented.

If your case is categorized as a criminal case, your defense attorney is supposed to submit a motion for the appointment of appellate counsel during the time when he/she is filing a notice of appeal, if possible, before leaving the courtroom. Your lawyer should attach the motion for appointment of counsel with an affidavit that clearly states that he/she is indigent. The primary reason for the motion is to protect the right of the defendant to appoint a legal counsel on appeal. This leaves a window for the defendant’s loved ones to later appoint an attorney for the defendant.

Your defense lawyer has the responsibility of creating the record upon the start of the appeal process. This is because the cases are usually reviewed for any legal errors. Since the court of appeal will look into the appellate record, the defense attorney needs to do a thorough job. The court of appeals is only required to go through the appellate records and not conduct a new trial, hear witnesses’ statements, or accept new affidavits. The only documents to be considered include the clerk’s record and also the reporter’s record.

Working with an experienced appellate attorney can help ease the stress during the appeal process because you are assured of receiving expert service. The process of constructing the record to be reviewed by the court requires your lawyer to write to the clerk by instructing him/her about the information to be included in the record. The clerk will then provide copies of the necessary information by charging a per-page fee.

The appellant’s attorney also has to communicate to the court reporter by formally requesting the transcripts recorded during the trial. What follows is that the court reporter prepares a cost estimate, then prepares the transcript, and finally files the record with the court of appeals. The court reporter’s record and the clerk’s record constitute the whole appellate record, which is the only information that the justices of the higher court will review.