Most of the A and B
Rarely,
Materials do not circulate, but may be used in the State Archives search room. Materials will be retrieved from and returned to storage areas by staff members.
Most records created by Texas state agencies are not copyrighted and may be freely used in any way. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).
None.
The Supreme Court was created in 1836 by the Constitution of the Republic of Texas (Article IV, adopted March 17, 1836) with unlimited and conclusive appellate jurisdiction. Congress established the court by an act approved December 15, 1836. This court consisted of the Chief Justice, elected jointly by both houses of Congress; and the elected judges of the district courts. The Supreme Court had jurisdiction over civil and criminal cases to hear and determine all manner of pleas, complaints, motions, causes, and controversies brought before it by any lower court, but no appeal could be determined until the lower court had made a final judgment or decree except in particular cases as provided by law. A clerk was appointed by the court. He recorded all the actions of the court and was also charged with preserving the records and transcripts of the court. Following the move to statehood, the First Legislature of the State of Texas organized a Supreme Court, Act of May 12, 1846, to consist of a chief justice and two associate justices, appointed by the Governor with the consent of the Senate, to six-year terms.
The terms of the court changed frequently during the 19th century. Initially, the court met annually at the seat of government. Legislation passed on January 22, 1842 established another annual term to be held at Nacogdoches, but changed that by an act passed on February 3, 1842 which directed the court to hold its annual term at Washington. Further legislation in 1845 (February 3, 1845) directed the court to hold annual terms wherever Congress convened. The Act of May 12, 1846 directed the court to meet annually in Austin. Legislation passed in 1850 (3rd Legislature, Chapter XII, November 30, 1850) amended this act and directed the court to hold three terms a year, in Austin, Tyler, and Galveston, with each term lasting about three months. The court continued to meet in this manner until 1892. Following legislation which reorganized the courts system in 1892, the Supreme Court once again met annually in Austin, which it continues to do.
The Supreme Court initially heard appeals from civil and criminal cases. The Court of Appeals was created by the Texas Constitution of 1876, Article V, Section 4, which removed all criminal jurisdiction from the Supreme Court, and transferred civil jurisdiction to the Court of Appeals in some situations. In 1879, to help relieve the backlog of pending civil cases in both of these courts, a commission of arbitration and award, known as the Commission of Appeals, was created by the 16th Legislature (Chapter 34, Special Session). Civil cases were referred to this commission with the written consent of the parties or their attorneys, and the commission's opinions, unless overturned by the superior appellate court, became the opinion of record of that court. This Commission was composed of three judges appointed by the Governor with the consent of the Senate. This initial commission ceased to exist in October 1885. In 1887, it was created again (Senate Bill 281, 20th Legislature, Regular Session), still with three judges, to hear cases pending in the Supreme Court. It was increased to six judges in 1891, then discontinued in 1892 upon the reorganization of the courts system with the creation of the Court of Criminal Appeals and the Courts of Civil Appeals. In 1918, due to a multi-year backlog of cases pending before the Supreme Court, another Commission of Appeals was created (Senate Bill 28, 35th Legislature, 4th Called Session). This Commission was divided into two sections--A and B, each with three judges appointed as previously. This last Commission was discontinued in 1945 and its six judges became justices on the Supreme Court, increasing the number of justices to nine (Senate Joint Resolution 81, 49th Legislature, Regular Session).
A major reorganization of the courts system was undertaken in 1891-1892. A constitutional amendment was passed in 1891, followed by legislation approved April 1892 (22nd Legislature, 1st Called Session). This removed all civil jurisdiction from the Court of Appeals, changing that body to the Court of Criminal Appeals, and created the Courts of Civil Appeals (initially three, eventually fourteen courts). The justices of all of these courts, following the expiration of their current terms, were to be elected by the voters. The mandate of the Supreme Court changed, limiting the appeals which could be sent before it. It now had appellate jurisdiction to questions of law arising in all civil cases for which the Courts of Civil Appeals had appellate but not final jurisdiction. A constitutional amendment in 1940 once again authorized direct appeals from trial courts to the Supreme Court in a limited class of cases.
As of 2008, the Supreme Court today consists of a chief justice and eight associate justices, elected to six-year overlapping terms. As the highest civil court in the state, it has final appellate jurisdiction in most civil and juvenile cases. Its caseload consists of three broad categories: determining whether to grant review of the final judgment of a court of appeals; disposition of regular causes (granting petitions for review, accepting petitions for writ of mandamus or habeas corpus, certified questions, accepted parental notification appeals, and direct appeals); and disposition of numerous motions related to petitions and regular cases. The court determines which petitions for review will be granted, usually taking only those cases that present the most significant legal issues in Texas in need of clarification.
The Supreme Court also has the authority to conduct proceedings for the removal or involuntary retirement of state judges. The court has many administrative duties as well, including the promulgation of several rules, such as the civil and appellate procedures for the Texas judicial system, and the procedural rules for the Commission on Judicial Conduct; monitoring the caseloads of the 14 courts of appeals and transferring cases between the courts to equalize their dockets; supervising State Bar operations; and promulgating the rules and regulations for the discipline, supervision, and disbarment of lawyers. The court also has supervisory and administrative control over the judicial branch.
(Sources include: Texas General and Special Laws;
The Texas Supreme Court has final appellate jurisdiction in most civil and juvenile cases. It also has the authority to conduct proceedings for the removal or involuntary retirement of state judges; it supervises State Bar operations; promulgates rules and regulations for the discipline, supervision, and disbarment of lawyers; and has supervisory and administrative control over the judicial branch. The records consist of case files, applications, dockets, minutes, opinions, and indexes, covering the period 1840-1980. Also present are the records of the Texas Commission of Appeals, consisting of minutes, dockets, and opinions, dating 1879-1892, 1918-1943. The records document the actions of the justices but do not cover the more routine or administrative functions of the clerk or other aspects of the functioning of the judicial system. Later accessions, located in separate finding aids following this guide, provide information on administrative functions of the Supreme Court.
The court met in Austin through the year 1850. Beginning in 1851, the court held annual three month terms in three different sections of the state. The sites of these terms were Galveston, Austin, and Tyler. Beginning in the 1850s the Galveston term ran January through March; the Tyler term, April through June; and the Austin term October through December. By the mid-1870s, the Austin term was changed to April through June and the Tyler term to October through December. Beginning in 1879 some cases were referred to the Commission of Appeals. Results of these actions can be found in the minutes and opinions of these early Supreme Court records, and in the records of the Commission.
During the circuit court period (1840-1892) the court enacted several
numbering systems. A new numbering system was begun by the court in January
1841, causing a duplication of numbers with cases filed prior to that date.
When the court began to travel (between Austin, Galveston, and Tyler) the clerk
at each of the court sites assigned their own case numbers, causing further
duplication. The court generally maintained separate records for each
geographical term. In some cases, minutes and opinions were recorded for more
than one of the terms, often for multiple-year periods, in the same volume.
Dockets, minutes, and opinions in the early 1870s are present for Austin, but
not for Tyler and Galveston. It is likely the court met only in Austin for the
approximate period of 1871-1873. In 1944, all cases created during the circuit
court period were re-numbered with an
Beginning in 1944, a new universal numbering and filing system was begun. The separate application numbering system used since 1893 was abandoned. All applications were assigned cause numbers, whether or not the Supreme Court agreed to hear the case. The new numbering system began by assigning cause numbers with a letter prefix, starting with #A - 1 in January 1944.
The case files are the most voluminous type of record. Case files
presently held by the Texas State Archives are the
These records are organized in seven series and seven subseries by State Archives staff.
[The 8th Court files are housed in El Paso at the University of Texas at El Paso.]
(Identity the item and cite the series), Texas Supreme Court records. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession numbers: 1983/056, 1984/013, 1985/030, 1985/103, 1988/134, 1989/160, 2008/126, 2008/127, 2008/132, 2008/162, 2009/114
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982; September 6, 1983; November 1, 1984; April 15, 1985; and June 19, 1989; by the Texas Historical Commission on May 4, 1988; by Tammy Kubecka on April 28, 2005; by Peter Luke on May 25, 2005; the Heritage Auction Galleries on December 19, 2007; and the Attorney General's Office on June 23, 2008 and March 11, 2009.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, additions made to case files to reflect transfer of records to the State Records Center, August and November, 2002, June 2003
Laura Saegert, additions made to case files to reflect transfer of records to the State Records Center and finding aid split due to online file size limitations, April 2004
Laura Saegert, restriction statements revised, September 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
Laura Saegert, addition of M case file, March 2009
Orders and opinions of the Supreme Court are available on the Supreme
Court website (
The Texas Supreme Court has final appellate jurisdiction in most civil and juvenile cases. These records are the minutes of the Texas Supreme Court and Commission on Appeals. The minutes provide a summarized account of the proceedings and decisions of the court, dating 1841-1943. The early minutes of the court, 1841-1892, include orders and judgments with each day's proceedings along with a list of the justices present. Information found in the later minutes of the court, 1893-1943, includes the date, justices present and cases discussed--giving application or cause number, parties, actions, county and district case of origin, referrals to the Commission of Appeals, and date a mandate was issued. The minutes of the Commission of Appeals, 1879-1892 and 1918-1943, generally contain the date and cases addressed.
(Identify the item and cite the subseries), Texas Supreme Court minutes. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession number: 1983/056
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
Records are the minutes of the Texas Supreme Court. The minutes provide a summarized account of the proceedings and decisions of the court, dating 1841-1943. The circuit court era volumes (1841-1892) usually cover just one term (Galveston, Tyler, or Austin) for a period of years; in later years of this era, the volumes include two or three of the terms for multi-year periods. These early minutes include orders and judgements with each day's proceedings along with a list of the justices present. Some routine matters appear infrequently in the minutes, such as lists of court costs and the appointment of clerks. It is necessary to know the court term and date of the case in order to locate judgements in these records. There is some overlap in dates in these volumes. Minutes in the last volume extend into the next court period (the multi-number, multi-docket period) through the year 1895. The beginning and ending dates for each volume (and for multiple sessions in the volumes) are given. Beginning in 1879, referrals to the Commission of Appeals are also noted. Also present, primarily in the 1870s-1890s, are copies of selected cases which were referred from one term (i.e., Austin, Galveston, Tyler) to another.
Information found in the later minutes (post-1892) includes the date, justices present and cases discussed--giving application or cause number, parties, actions, county and district case of origin, referrals to the Commission of Appeals, and date a mandate was issued. Other items occasionally present include lists of cases transferred between Courts of Civil Appeals; lists of attorneys issued Supreme Court licenses; and resolutions or memorials for deceased justices and judges. Some volumes contain loose pages, usually lists of cases to be transferred. As of 2008, minutes from 1944 forward are held by the Supreme Court.
The volumes of minutes are arranged roughly in chronological order by the beginning date of each volume as received from the court. Most of the volumes are not indexed.
(Identify the item), Texas Supreme Court minutes. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession number: 1983/056
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
These records are minutes of the Texas Commission of Appeals,
dating 1879-1892, 1918-1943. Minutes provide a summarized account of the
proceedings of the court. Information given includes the date and cases
addressed. The early minutes, 1879-1892, were part of the early Supreme Court
period and cover the Tyler and Austin terms for those years. References to
Commission of Appeals actions are also given in records found in the
The minutes are arranged by site or section, then chronologically, as received from the court.
(Identify the item), Commission of Appeals minutes, Texas Supreme Court records. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession number: 1983/056
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
The Texas Supreme Court has final appellate jurisdiction in most
civil and juvenile cases. These are various indexes and registers of the Texas
Supreme Court, dating 1840-1950. The indexes serve as an alphabetical index to
both the cases and the dockets. The best access to the early case files
(1840-1892) is through the
The indexes are arranged by type, as received from the court.
(Identify the item), Texas Supreme Court indexes and registers. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession number: 1983/056
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
The Texas Supreme Court has final appellate jurisdiction in most
civil and juvenile cases. Records are dockets of the Texas Supreme Court and
the Commission of Appeals, dating 1840-1980. Dockets function as a brief entry
of the court proceedings, some also serving as a calendar of cases awaiting
action in court. The State Archives has dockets from 1840 to 1980, dockets
after that period are at the Supreme Court. Docket of the circuit court period
(1840-1892) consist of court dockets, bar dockets, a motion docket, and a
docket of criminal cases. The court dockets (referred to as
The later dockets of the Supreme Court, 1893-1980, consist of application dockets, 1892-1943; court dockets, 1893-1944; motion dockets, 1893-1947; referred application dockets, 1917-1918; general case dockets, 1913-1920; file dockets, 1944-1980; docket sheets, 1944-1980; and a chambers docket, 1971-1973. The court dockets and the file dockets are the most useful tools for locating case files, as indexes held by the State Archives cover little of this period.
The dockets from the Commission of Appeals cover the years 1879-1892 and 1918-1943. The early set of dockets covers the Tyler and Austin terms of the circuit court period. In 1918, the Commission was divided into A and B sections. There are separate dockets for these sections, each with its own numbering system. Information given in the dockets includes the cause number, Commission of Appeals docket number, parties, counties and/or district, filing date, and orders.
These records are organized into three series, as received from the court.
(Identity the item and cite the series), Texas Supreme Court dockets. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession numbers: 1983/056, 1989/160
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982 and June 19, 1989.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
These are dockets of the Supreme Court from the circuit court period, 1840-1892. Dockets function as a brief entry of the court proceedings, some also serving as a calendar of cases awaiting action in court. Dates of these dockets reflect the court terms, not the filing date of a case. The docket volumes, except for the first few, cover only a particular geographical term of the court (Austin, Galveston, or Tyler), sometimes covering more than one year.
There are several types of dockets present: court dockets, bar
dockets, a motion docket, and a docket of criminal cases. The court dockets
(referred to as
The bar dockets (1860-1862, 1869-1874) contain the case number,
attorneys, parties, county, and filing dates. The only orders present are from
those cases begun in a previous term, and such orders are present only in the
later years. These dockets do not contain
Most of the dockets are not indexed, making it difficult to
locate cases since the entries are arranged by district, then numerically
within each section. Also, since
Dockets are arranged chronogically by year then further arranged by location of the court session, as received from the agency.
(Identify the item), Texas Supreme Court dockets, circuit court period. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession number: 1983/056
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
These are dockets of the Supreme Court dating 1892-1980. Dockets function as a brief entry of the court proceedings, some also serving as a calendar of cases awaiting action in a court. Several types of dockets are present in this series: application dockets, court dockets, motion dockets, a referred application docket, general case dockets, file dockets, docket sheets, and a chambers docket. The court dockets and the file dockets are the most useful tools for locating case files as indexes held by the State Archives cover little of this period.
Cases submitted to the Supreme Court were assigned an application number and recorded in the application dockets. Three sets of application dockets are included here. Application dockets, 1892-1954, contain the application number, names of attorneys, parties, county and district the case of origin, the filing date, and orders, usually brief--refused, dismissed, granted, etc. In the early years a note giving a date when the costs were paid is present as well. Each volume has a direct name index. Application dockets of the consultation room is a set of application docket books used as a reference source in the Consultation Room of the Court dating 1894-1943. These dockets are from the time when there was a separate numbering system for all applications to the Court. The dockets provide the application numbers, names of the parties, disposition of the applications, and remarks by the justices. These remarks are sometimes substantive as to why the application was accepted or rejected by the Court. Last is a referred application docket which indicates that the applications were referred to the Court by the lower courts or by the Commission on Appeals. The docket has categories for the application number, parties, disposition and remarks. The remarks indicate whether the application was granted, refused, dismissed, or overruled. This docket covers only a short period of time, from 1917 to 1918, and from application number 9275 to 10,757. Entries in all the application dockets are arranged numerically by application number.
Court dockets record the cause number of the applications that the court decided to hear, dating 1893-1944. Dockets contain the cause number, attorneys, parties, district and county case of origin, filing date, and orders. The orders consist of the date submitted, date of the decision, referrals to Commission of Appeals, and judgment, or orders, of the Supreme Court and/or the Commission of Appeals. The application number is present in many of the entries as well. The volumes have a direct name index. Entries in the dockets are arranged numerically by the cause number.
Motion dockets contain the motion number, application number, district and county case of origin, attorneys, parties, purpose (rehearing, to dismiss, etc.), filing date, and orders, including date submitted and date of decision. The bulk of the dates covered are 1893-1943, with coverage extending to 1947 in the last volume. The dockets are not indexed until late 1933, then a direct name index is provided in the back of the volumes. Entries in the dockets are arranged numerically by the motion number.
A general case docket recorded cases with opinions submitted from the Commission of Appeals to the Supreme Court. This docket includes the date the case was received in the Supreme Court, cause number, style of case, date of decision, and name of judge. Occasionally there are written comments on the disposition of the case. This docket contains cause numbers from 1913 to 1920, with the opinions given by the Commission of Appeals beginning midway through the volume, dating 1918-1920. Entries are in numerical and chronological order.
File dockets, dating 1944-1980, list all applications filed with the Court in numerical order, by cause number. The cause number was assigned when the application was filed. The same cause number stayed with an application whether the Court rejected the application or agreed to hear it as a case. These dockets provide the cause number, style of the case (names of the parties), cause of action (writ of error, mandamus, habeas corpus, certified question, or direct appeal), district court number, and date of filing. The dockets have an alphabetical index in the front to provide access by name of appellant. The dockets do not say if the application was granted or refused, that information is in the dockets sheets or the case file.
Docket sheets cover the years 1944-1980 and list the Supreme Court's cases in cause number order. These sheets provide more information than the file dockets. The docket sheets list the names of the parties, the district court and the court of appeals, date when writ of error was filed, the attorneys, dates when instruments were filed and opinions mailed, cause of action, and dates of the orders by the court. The docket sheets do not provide any type of alphabetical name index.
The last docket is a chambers docket, a more recent type of
docket used by the Supreme Court to track the history of a case on appeal. The
docket has spaces for the names of the parties, Supreme Court cause number,
Civil Court of Appeals name and case number, county of origin,
Dockets are arranged by type and then by date, by State Archives staff. Entries in the dockets are generally numerical by application or cause number.
(Identify the item), Texas Supreme Court dockets. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession numbers: 1983/056, 1989/160
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982 and June 19, 1989.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
These records are dockets of cases presented to the Commission
of Appeals, dating 1879-1892, and 1918-1943. Dockets function as a brief entry
of the court proceedings, some also serving as a calendar of cases awaiting
action in a court. An 1879-1880 docket covers the Tyler term of the early
Supreme Court period, the Austin terms are covered for the years 1880-1892.
None are present for the Galveston terms. In 1918, the Commission was divided
into A and B sections. There are separate dockets for these sections, each with
their own numbering system. Information given in the dockets includes the cause
number, Commission of Appeals docket number, parties, counties/and or district,
filing date, and orders. The first 20th century volume also lists the court
(Supreme Court or Court of Appeals) the case was sent from, the next few
volumes include orders from a previous term. In the later volumes, the
disposition of the Commission of Appeals order is given
The dockets are arranged chronologically for the first period and then chronologically within each section for the second period, as received from the court.
(Identity the item), Commission of Appeals dockets, Texas Supreme Court records. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession number: 1983/056
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
The Texas Supreme Court has final appellate jurisdiction in most civil and juvenile cases. Records are bound opinion books and typescript opinions of the Texas Supreme Court and the Commission of Appeals, dating 1892-1949. Opinions set forth the reasons for the decision of the court and any relevent precedents. Any of the justices may file an opinion dissenting from or concurring with the court's judgement. The early opinions of the Supreme Court (1840-1893) give the style of the case, case number, opinion, and judge delivering the opinion. In most cases, the county from which the case was appealed is also given. Dissenting opinions, if listed, will follow the opinion of the court. Dates reflect the court terms or the date the opinion was issued. The later opinion books of the Court, 1893-1943, provide the style of the case, cause number, county and district case of origin, opinion, judge delivering the opinion, and date opinion was delivered. Dissenting opinions, if present, will follow the opinion of the court. In some early cases, application or motion numbers are given instead of the cause number. Beginning with the October term in 1922, these volumes also contain opinions of the Commission of Appeals on certified questions, habeas corpus, and mandamus. There is also a small amount of typescript copies of opinion of the Supreme Court, 1944-1949, which include majority, concurring and dissenting opinions. These opinions contain the following information: cause number, style of case, origin (county and district court), opinions, and the date delivered. The opinions for 1944-1946 are in five bound volumes; the opinions for 1948-1949 are unbound.
Opinions of the Commission of Appeals date 1881-1892, 1922-1943. Information given is the filing date, cause number, style, statement and opinion of lower court, report of the Commission of Appeals, and date. Separate opinion volumes exist for the early years, 1881-1892. Beginning in 1922 the Commission of Appeals opinions on certified questions, habeas corpus, and mandamus are included in the Supreme Court opinion books. Opinions for some years, especially 1879-1880, 1886-1887 and 1918-1921 are missing. References to Commission of Appeals actions are also given in opinion books of the early Supreme Court period records, which may cover the early missing information. Later opinions, 1944-1945 (through the demise of this commission) are included in with Supreme Court opinion books of the same period, volumes 201-370 and 371.
The court's opinions have been published in several publications,
see the list in the
These records are organized into two series as received from the court.
(Identity the item and cite the series), Texas Supreme Court opinions. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession numbers: 1983/056, 1989/160
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982 and June 19, 1989.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
Orders and opinions of the Supreme Court are available on the
Supreme Court website (
Records are bound opinion books of the Texas Supreme Court dating 1840-1949. Opinions set forth the reasons for the decision of the court and any relevent precedents. Any of the justices may file an opinion dissenting from or concurring with the court's judgement. The early opinions of the Supreme court (1840-1893) give the style of the case, case number, opinion, and judge delivering the opinion. In most cases the county the case was appealed from is also given. After 1850, most of the volumes cover one geographical term (Galveston, Austin, Tyler) over a period of years. However, a few of the volumes in the 1880s-1890s include two or three geographical terms for single or multi-year periods. Many of the opinions are not dated; those that are will give the date the opinion was delivered following the opinion. For cases referred to the Commission on Appeals (1880s-1890s), the decision reached by that Commission is given (affirmed, revised, remanded) following the Supreme Court opinion.
The later opinion books of the Court, 1893-1943 provide the style of the case, cause number, county and district case was from, opinion, judge delivering the opinion, and date opinion was delivered. Dissenting opinions, if present, will follow the opinion of the court. In some early cases, application or motion numbers are given instead of the cause number. Beginning with the October term in 1922, these volumes also contain opinions of the Commission of Appeals on certified questions, habeas corpus, and mandamus. The opinion books, through June 1922, are not indexed and the opinions are filed chronologically. The volumes from October 1922 through June 1928 do contain an alphabetical index to the cases in each volume. Beginning in October 1928, the opinions are filed in the volumes alphabetically. To locate an opinion, the date it was delivered is necessary, especially in the older volumes. From mid-1922 to 1943 the indexes help, but the term the opinion was delivered must be known.
The State Archives only has a few opinions from the 1944-1980 era (1944-1946, 1948-1949), these being typescript copies of opinions of the Supreme Court, including majority, concurring and dissenting opinions. The opinions for 1944-1946 are bound volumes; the opinions for 1948-1949 are unbound. Opinions contain the following information: cause number, style of case, origin (county and district court), opinions, and the date delivered. Following the typescript opinions is a list of boxes containing Supreme Court opinions that affirmed the decisions of the Commission of Appeals from some of the later no-prefix case files. The files contain a letter from the Chief Justice affirming the decision and the opinion from the Commission of Appeals. These opinions were separated from their case files for a large photoduplication project for Lexus Nexus.
The court's opinions have been published in several
publications, see the list in the
The early opinions, 1840-1892, are arranged chronologically by the beginning date of the volume. The beginning and ending dates of each volume (and for multiple terms in the volume) are given.
The later opinion books, through June 1922, are not indexed and the opinions are filed chronologically. The volumes from October 1922 through June 1928 do contain an alphabetical index to the cases in each volume. Beginning in October 1928, the opinions are filed in the volumes alphabetically. To locate an opinion, the date it was delivered is necessary, especially in the older volumes. From mid-1922 to 1943 the indexes help, but the term the opinion was delivered must be known.
The opinions from 1944-1946 and 1948-1949 are arranged alphabetically by name of appellant.
(Identify the item), Texas Supreme Court opinions. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession numbers: 1983/056, 1989/160
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982 and June 19, 1989.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
These records consist of bound opinion books of the Commission
of Appeals, dating 1881-1885, 1888-1892, 1922-1943. Opinions set forth the
reasons for the decision of the court and any relevent precedents. Any of the
justices could file an opinion dissenting from or concurring with the court's
judgement. Information given is the filing date, cause number, style, statement
and opinion of lower court, report of the Commission of Appeals, and date.
Separate opinion volumes exist for the early years, 1881-1883, 1888-1892.
Beginning in 1922 the Commission of Appeals opinions on certified questions,
habeas corpus, and mandamus are given in the Supreme Court opinion books. The
opinion books are filed in the
The opinions were initially filed chronologically. The volumes from October 1922 through June 1928 contain an alphabetical index to the cases in each volume. Beginning in October 1928 the opinions are filed in the volumes alphabetically.
(Identify the item), Commission of Appeals opinions, Texas Supreme Court records. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession number: 1983/056
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
The Texas Supreme Court has final appellate jurisdiction in most civil and juvenile cases. These records are rejected application files of the Texas Supreme Court, dating 1892-1943. Applications to the Supreme Court were assigned application numbers and listed in the application dockets. Successful applications were assigned cause numbers and are part of the case files, filed under the cause number. Rejected applications were those the court decided not to hear and are filed in this series, numerically by the application number. An application for writ of error is present, and occasionally transcripts and opinions from a Court of Civil Appeals. Legal records, such as transcripts, statements of fact, etc., were usually returned to the Court of Civil Appeals and thus are not usually present in these files. Most cases came to the Supreme Court during this period by writ of error.
Rejected applications are filed numerically by the application number as received from the court.
(Identify the item), Texas Supreme Court rejected applications. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession number: 1989/160
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on June 19, 1989.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
The Texas Supreme Court has final appellate jurisdiction in most civil and juvenile cases. These applications consist of the unsuccessful applications and their accompanying records filed in the Texas Supreme Court for writs of mandamus and habeas corpus dating 1897-1943. All of these applications were overruled. These unsuccessful applications were separated from their case files and filed numerically by their motion number. Successful applications for writs are filed with their respective case files and are arranged by Supreme Court cause number.
Records in the applications include the motions for leave to file writs, petitions for writs, briefs and arguments of the relator, bonds for costs of writs, motions for rehearing, exhibits, lower court proceedings of record, agreed statements of fact, and related cover correspondence and telegrams.
The dockets for the applications for writs of habeas corpus and
mandamus can be found in the motion dockets of the
These applications are filed roughly numerically by their motion number as received from the court. Some numbers are out of sequence.
(Identify the item), Texas Supreme Court overruled applications for writs of mandamus and habeas corpus. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession number: 1989/160
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on June 19, 1989.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, finding aid split due to online file size limitations, April 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
The Texas Supreme Court has final appellate jurisdiction in most
civil and juvenile cases. Records are case files of the Texas Supreme Court
dating about 1843-1980. Case files contain the most thorough documentation of
the cases heard before the court. The files consist of two distinct groups of
files, the circuit court era or
There are several occasions when the same
Case files from 1893 to 1943 have only a cause number. Cause
numbers were assigned an
The bulk of the folder inventory (except the
Case files are arranged by classification system (
(Identify the item), Texas Supreme Court case files. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession numbers: 1983/056, 1984/013, 1985/030, 1985/103, 1988/134, 1989/160, 2008/126, 2008/127, 2008/132, 2008/162
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Supreme Court on November 22, 1982; September 6, 1983; November 1, 1984; April 15, 1985; and June 19, 1989; by the Texas Historical Commission on May 4, 1988; and by Tammy Kubecka on April 28, 2005; Peter Luke on May 25, 2005; the Heritage Auction Galleries on December 19, 2007; and the Attorney General's Office on June 23, 2008.
Paul Beck, date unknown
Laura Saegert, revised March 1995
Laura Saegert, corrections and further encoding to TARO project standard, March 2001
Laura Saegert, additions made to case files to reflect transfer of records to the State Records Center, August and November, 2002, June 2003
Laura Saegert, additions made to case files to reflect transfer of records to the State Records Center and finding aid split due to online file size limitations, April 2004
Laura Saegert, restriction statements revised, September 2004
Laura Saegert, box numbers added to reflect the rehousing of case files, subgroups and series were restructured, finding aid was made DACS compliant, and the overall finding aid was split due to online file size limitations, June 2008
The bulk of the A and B case files (except for misfiles and oversize items) are in off-site storage. Records requested before 10:00 a.m. will usually be available for review by an archivist by 4:00 p.m. the same day. Records requested after 10:00 a.m. and before 3:00 p.m will usually be available for review by an archivist by noon the next day.
Case files may possibly contain documents sealed by the court, and therefore excepted from public disclosure by the Texas Rules of Civil Procedure, Rule 76A. When a researcher requests a case, the file will be reviewed by an archivist in order to remove sealed documents. The researcher will be informed that sealed documents have been removed from the file and it will then be up to the researcher to obtain permission from the Supreme Court to access the documents.
Case files may possibly also contain personal information of jurors and prospective jurors. According to the Texas Code of Criminal Procedure, Article 35.29, information collected by the court or by a prosecuting attorney during the jury selection process about a person who serves as a juror, including the juror's home address, home telephone number, social security number, driver's license number, and other personal information, is confidential and may not be disclosed by the court, the prosecuting attorney, the defense counsel, or any court personnel except on application by a party in the trial or on application by a bona fide member of the news media acting in such capacity to the court in which the person is serving or did serve as a juror. On a showing of good cause, the court shall permit disclosure of the information sought. (Acts 1993, 73rd Leg., ch. 371, § 1, eff. September 1, 1993). The Court of Criminal Appeals has verified that juror information is to be withheld from the public according to the statute cited above. Therefore, when a case is requested, an archivist will review the case to ascertain whether or not juror information is present. If such information is found, the researcher will be informed and the documents will be removed from the file. If an individual wishes to access juror information, they will have to obtain permission from the Supreme Court. Because the judiciary is not covered by the Texas Public Information Act, the Archives cannot estimate how long it will take the Court to respond to a request.
Case files may possibly also contain non-court documents. Before a researcher is granted access to a case, an archivist will review the files and remove all such materials. The researcher will be informed if materials are removed. If the researcher wishes to access the documents, the Archives will contact the Supreme Court to determine the appropriate course of action on a case-by-case basis. Because the judiciary is not covered by the Texas Public Information Act, the Archives cannot estimate how long it will take the Court to respond to a request.
Materials do not circulate, but may be used in the State Archives search room. Materials will be retrieved from and returned to storage areas by staff members.
[Cases not listed in the inventory are missing. Listed at the
end of the inventory are a few partial cases that cannot be positively
identified with an
The list of the no-prefix case files was removed from this
finding aid due to the electronic file size limitations imposed by the online
finding aid web site(TARO). If you are reading this electronically, click on
the following link to access the finding aid for these case files -
The list of the
The list of the