Gammel's Rules of the Courts of Texas Page: 26 of 70
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26
TEXAS COURT RULES.
ment of the record bearing upon the respective propositions, with
a reference to the pages of the record.
Where the error relates to the charge of the court or special charges
given or refused, the part of the charge complained of, or the special
charges under discussion, shall be set out in full. Where the error
relates to admission or rejection of evidence, there shall be quoted the
full substance of the evidence admitted or rejected.
To avoid unnecessary repetition, it shall be permissible for the brief
of the argument to contain the necessary statement from the record,
but such statement shall be correlated, entire and distinct, and so
presented as to enable the court to readily consult it.
If the statement from the record thus made is not distinctly challenged
by the opposing party, it may be accepted by the court as
correct.
If no argument is presented, the statement from the record shall
nevertheless be given.
RULE 32.
The brief shall contain verbatim copies of such of the assignments
of error filed in the trial court and reproduced in the transcript as
are relied on in the appeal, but thei riiginal numbering may be
disregarded. They shall be set out at\the back of the brief, but if
desired they may immediately follow the statement of the case.
RULE 33.
The brief for the appellee or defendant in error shall follow substantially
the form of the brief for the appellant or plaintiff in error.
Counsel for the appellee or defendant in error shall be allowed such
custody of the transcript after it is filed in the Court of Civil Appeals
as will enable him to prepare his brief.
RULE 34.
The brief of either party may be written or typewritten. If written
it shall not exceed fifteen pages of manuscript. If typewritten, it
must be double spaced between the lines. (As amended Nov. 16,
1921.)
RULE 35.
Every brief, of either party, of more than twenty pages shall contain
on its fly-leaves a subject index with page references, showing
clearly where the different features of the brief, the different propositions,
the statements from the record in relation thereto and the
argument thereon, and the assignments of error may be found. The
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5836/m1/26/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .