Legal Question in Appeals and Writs in Texas

I an appeals case does the appelatte court have to rely entirely on the facts already presented in the original case? This is in regards to a judgment in the state of Texas.


Asked on 8/10/10, 6:24 pm

1 Answer from Attorneys
Ken Gober (Austin TX) Lee, Gober & Reyna

The general rule is that the appellate court is restricted to the record of the trial court. Which means that the only facts considered by the appellate court are facts that came in at the trial court. However, appellate courts are generally only concerned about legal issues and will not revisit fact determinations made in the trial court unless those fact determinations are not legally supported.

There are exceptions to the general rule.

There is no way a lawyer can fully discuss this point in an answer on a website, you should not try to handle an appeal without a lawyer.

If you need help finding an attorney to assist you in your appeal, feel free to contact me: 512-827-7548.

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Answered on 8/16/10, 7:25 am


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