What is the difference between TRAP 9 and TRAP 38 for appellate briefs?

Q: What is the difference between TRAP 9 and TRAP 38 for appellate briefs?

In The Interest of S.A.M. and C.J.M., Children: Protecting the privacy of children is a non-negotiable requirement in Texas family law appeals. Failing to redact sensitive information or ignoring a court's order to fix briefing errors can result in your appeal being dismissed before its merits are ever even considered.

This question has been addressed in 1 Texas court opinion:

In The Interest of S.A.M. and C.J.M., Children

COA05 — February 17, 2026

In a child custody appeal, the Fifth District Court of Appeals dismissed the case after the appellant failed to comply with mandatory privacy and briefing rules. The court initially struck the appellant's brief because it contained 'sensitive data'—specifically the full names and birthdates of minor children—in violation of Texas Rule of Appellate Procedure 9.9. Although the court granted the appellant a deadline to file a corrected, redacted brief, the appellant failed to respond or cure the defects. The court held that under Rule 38.9(a), dismissal was the proper sanction, emphasizing that protecting a minor's identity is a jurisdictional necessity that outweighs the court's usual patience for procedural errors.

Litigation Takeaway

“Protecting the privacy of children is a non-negotiable requirement in Texas family law appeals. Failing to redact sensitive information or ignoring a court's order to fix briefing errors can result in your appeal being dismissed before its merits are ever even considered.”