Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890 Page: 8 of 64
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6
RULES OF THE SUPREME COURT
assignment, when the motions filed and docketed according to the
preceding rules will be in order for submission, at the instance of
either party; and if not submitted then, may be submitted at the
regular, call of the trial docket, unless sooner called up and disposed
of.
14. The arguments of counsel upon all motions shall be confined
to a brief explanation of the grounds in the motion, so as to
make them intelligible to the court, with a reference to the
statutes and decisions relating thereto, unless further argument is
requested by the court.
15. The clerk, upon filing and docketing a motion, will indorse
upon the motion its number and the number and assignment of
the case to which it belongs, which shall also be entered in the
motion docket, together with the attorney's name who makes the
motion. Any opposition in the way of answer to said motion by
the opposite party may be filed, and in like manner indorsed and
noted in the motion docket, and the name of the attorney therein
entered.
THE DOCKET.
16. The clerk, before the regular call of the trial docket, at
each assignment, shall have the file number and the number of
the assignment indorsed on each transcript belonging to such
assignment. Where briefs have been filed in a case, the name
of the attorney or attorneys signed to the brief shall be entered
by the clerk on the trial docket, opposite the name of the appropriate
party, and that shall indicate to the court who appears for
such party in the cause.
17. The clerk shall not make such entry of an attorney's
name until he shall have filed his briefs; but he shall permit any
attorney who desires to make an appearance in the case before he
files his briefs, or without filing them at all, to place his name, in
his own handwriting, upon the trial docket, opposite the name of
the party for whom he appears, and that shall be regarded by the
court as having whatever effect is given to the mere appearance
of a party to a case in court without brief filed.
18. The court will not enter upon the docket the names of attorneys
in a case, but counsel desiring their names entered shall
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Morse, Charles S. Rules for the courts of Texas: adopted by order of the Supreme Court at Tyler on the first day of December, A.D. 1877: together with amendments thereto at various times up to the close of the Austin term, A.D. 1890, book, 1890; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5830/m1/8/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .