Texas Index of Authorities: TRAP 38.1(c) Rules and Examples

What TRAP 38.1(c) says

Rule 38.1 lists the brief's contents “under appropriate headings and in the order here indicated,” so the index comes third: identity of parties and counsel (a), table of contents (b), index of authorities (c), then the statement of the case (d). The rule says only “arranged alphabetically.” It does not name categories. Most Texas practitioners still divide the index into Cases, Constitutional Provisions, Statutes, Rules and Other Authorities and alphabetize within each group; that satisfies the rule and is easier to read. What would not satisfy it is an index in order of first appearance, or one without page numbers.

The unique Texas element: bookmarks in civil briefs

In Misc. Docket No. 24-9096 (joint with Court of Criminal Appeals Misc. Docket No. 24-007), dated November 19, 2024, the Supreme Court of Texas gave final approval to amendments to TRAP 9, 38, 52, 53 and 55, effective December 1, 2024. The proposal would have required bookmarks in every case; after public comment the courts limited the amendments to civil cases. The result: in a civil appeal, the table of contents must be bookmarked “to assist in locating each item” (38.1(b)), the appendix must be bookmarked (38.1(k)(1)), and every electronically filed document must be bookmarked (9.4(j)(5)). In practice, give the index of authorities its own bookmark, alongside the table of contents, statement of the case, issues, facts, summary, argument headings, prayer and each appendix tab. Criminal briefs are not subject to the bookmark requirement under these amendments.

Two later orders are worth knowing so you do not confuse them. Misc. Docket No. 25-9092 (October 24, 2025) proposed amendments to TRAP 9, 52, 53, 54, 55, 56, 57, 58 and 64, and Misc. Docket No. 25-9104 (December 23, 2025) finalized them, effective January 1, 2026. Those amendments change petition practice in the Supreme Court of Texas (for example, a required introduction and a 2,000-word increase to the petition-for-review limit). They did not amend Rule 38, so the courts-of-appeals index requirement in 38.1(c) is unchanged.

Greenbook citation style and how it affects the index

Texas briefs usually follow the Texas Rules of Form (the “Greenbook,” published by the Texas Law Review) together with the Bluebook. The most visible Texas convention is the subsequent-history notation in court of appeals citations, which appears inside the parenthetical with the court and district: for example, “(Tex. App.—Houston [14th Dist.] 2015, pet. denied)” or “(Tex. App.—Austin 2019, no pet.).” Supreme Court of Texas cases take “(Tex. year)”; Court of Criminal Appeals cases take “(Tex. Crim. App. year).” Original proceedings add “(orig. proceeding).” Because the index must repeat the full citation, include the court, district and petition history exactly as in the body. Alphabetize by the case name as cited. Texas briefs contain many In re original-proceeding cases; decide whether you alphabetize them under “I” or by party name, and apply that choice every time.

The authorities are real; the combination and page numbers are illustrative only. Small-caps, abbreviations for codes and other typographic details differ between Greenbook editions, so check the edition your court or firm uses.

Passim and page numbering

TRAP 38 and TRAP 9.4 say nothing about passim. The rule's words, “indicating the pages of the brief where the authorities are cited,” read most naturally as a list of pages, so listing every page is the safer course; if you use passim, reserve it for an authority cited throughout and apply one threshold. TRAP 9.4 also sets no rule for numbering front matter. Roman numerals for the identity of parties, table of contents and index, with Arabic numbering from the statement of the case, is common Texas practice; whatever you choose, the index's page references must match the printed page numbers of the filed PDF. Check your court of appeals' local rules.

Last verified: 2026-09-24. The txcourts.gov rules PDF blocked automated access during verification; the TRAP 38.1 and 9.4 text was read in the Supreme Court's own orders (Misc. Docket Nos. 24-9096, 25-9092) and cross-checked against the Texas District & County Attorneys Association's 2025 printing of the rules. Confirm the current text before filing. General formatting information, not legal advice.