SCOTX Fixes Word-Count Glitches

The Texas Supreme Court has issued an order correcting some of its recent amendments to the Texas Rules of Appellate Procedure. The most notable correction involves the certificate-of-compliance requirement regarding the new word count limits. By adding the language underlined below, the Court has made clear that no certificate of compliance need be included when e-filing letters and other documents not expressly subject to word counts, such as motions for extensions of time:

(3)  Certificate of Compliance. A computer-generated document that is subject to a word limit under this rule must include a certificate by counsel or an unrepresented party stating the number of words in the document. The person certifying may rely on the word count of the computer program used to prepare the document.

The Court also made clear that word counts apply to permissive appeals under TRAP 28.3 and removed a stray page-count reference in TRAP 52.9.

At this point, the only documents subject to word count limits are those listed in TRAP 9.4(i)(2) and TRAP 28.3(g). Therefore, these amendments confirm that a certificate of compliance need only be included when filing one of those documents.

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  • Michael Jung says:

    I recently filed a post-submission supplemental brief (with leave of court). No word limit for the brief itself, but I put together a certificate of compliance to show that I hadn’t exceeded the 27,000-word aggregate limit.