Russell Caldwell D/B/A RW Caldwell Construction v. Jackie Wright

IN THE
TENTH COURT OF APPEALS
No. 10-14-00244-CV
RUSSELL CALDWELL D/B/A
RW CALDWELL CONSTRUCTION,
Appellant
v.
JACKIE WRIGHT,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 85781
ORDER
Plaintiff’s Exhibits 77, 81, and 82, and Defendant’s Exhibit 119 were not included
in the reporter’s record in this appeal. A notation in the exhibit volume of the reporter’s
record indicates the exhibits were large and unable to be scanned.
Original exhibits are kept by the trial court clerk but upon the reporter’s request,
are given to the reporter for use in preparing the reporter’s record. See TEX. R. APP. P.
34.6(g)(1). After copying the exhibits for inclusion in the reporter’s record, the reporter
must return the exhibits to the trial court clerk. Id. If a person other than the trial court
clerk possesses an original exhibit, we may order that person to deliver the exhibit to the
trial court clerk. Further, on the motion of any party or on our own initiative, we may
direct the trial court clerk to deliver to this Court any original exhibit. Id. (g)(2).
Because the trial court clerk retains possession of the original exhibits after the
reporter has copied the exhibits to be used in the reporter’s record, see TEX. R. APP. P.
34.6(g)(1), the trial court clerk should currently be in possession of all the original exhibits.
Accordingly, the trial court clerk is ordered to send the original of Plaintiff’s Exhibits 77,
81, and 82 and Defendant’s Exhibit 119 to this Court within 14 days from the date of this
order. See id. (g)(2).
PER CURIAM
Before Chief Justice Gray, and
Justice Davis
Order issued and filed May 5, 2016
Caldwell v. Wright Page 2