How to Handle Cross-Appeals

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Table Of Contents -

- Introduction

- The Decision to Cross-Appeal

..Does Appellee Seek to Alter the Judgment?

..Pursuing a Cross-Appeal Conditionally

..Timing

- Complications in Handling Cross-Appeals

..Docketing Statement and Filing Fee

..The Record

- Briefs

..Parallel Briefing Tracks

..Word Count

- Oral Argument

- Potential Solutions

..Motion Practice

..TRAP Amendment

- Conclusion

- Excerpt from: Introduction:

As part of the 1997 rules rewrite, the Texas Supreme Court adopted Texas Rule of Appellate Procedure 25.1, which provides that any party “who seeks to alter the trial court’s judgment or other appealable order must file a notice of appeal.” TRAP 25.1(c). Although it seems benign enough, TRAP 25.1(c) creates some unique issues in practice. This paper will discuss those issues, as well as some potential ways to address them, and will offer some practical tips on handling cross-appeals in the intermediate appellate courts.

Please see full paper below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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