This question has been addressed in 1 Texas court opinion:
COA07 — January 28, 2026
In Jacob Aaron Vera v. The State of Texas, an appeal was stalled because the court reporter failed to file the appellate record and ignored subsequent status inquiries from the appellate court. The Court of Appeals analyzed Texas Rule of Appellate Procedure (TRAP) 35.3(c), which establishes a 'joint responsibility' between trial and appellate courts to ensure the record is filed timely. The court held that the appropriate remedy for an unresponsive reporter is to abate the appeal and remand the case to the trial court for a formal evidentiary inquiry, mandating the appointment of a substitute reporter if the record cannot be completed within 30 days.
Litigation Takeaway
“Do not allow a delinquent court reporter to 'pocket-veto' your appeal through silence; practitioners should proactively invoke TRAP 35.3(c) to force an abatement and remand, which compels the trial court to investigate the delay and appoint a substitute reporter if necessary to keep the case moving.”