Texas Court of Appeals (4th):

An Inventory of 4th Court of Appeals Case Files at the Texas State Archives, 1891-1981

Agency History

Texas Courts of Civil Appeals were first established in 1891 by constitutional amendment (Article V, Section 6) to reduce the backlog of cases on the Texas Supreme Court docket. Courts of Civil Appeals are intermediate appellate courts between the trial courts and the Supreme Court. Their jurisdiction extends to those civil cases over which county or district courts have jurisdiction, when the amount in controversy exceeds $100.

Initially, in 1891, there were three courts of civil appeals, but the Fourth Supreme Judicial District was established in 1893 by the 23rd Texas Legislature (House Bills 361 and 362). Over the next century the judicial system has expanded to fourteen supreme judicial districts. Boundaries of geographic jurisdiction have been specified by statute and delineate the fourteen districts. Justices are elected by the voters of their districts for a term of six years.

In 1981 (following a constitutional amendment ratified by the November 4, 1980 election), all courts of appeals were given criminal jurisdiction (except for death-penalty cases, which go directly to the Court of Criminal Appeals). At this time, the number of justices on the 4th Court increased from three to seven, and the court's name changed from "Court of Civil Appeals for the Fourth Supreme Judicial District" to "Fourth Court of Appeals." In 1985 the name changed again to "The Court of Appeals for the Fourth Court of Appeals District" (Senate Bill 1228, 69th Texas Legislature, Regular Session).

The 4th Court of Appeals has always met in San Antonio (although it now occasionally travels to hear cases in constituent counties). It originally encompassed the following 45 counties: Atascosa, Bandera, Bee, Bexar, Brewster, Buchel, Crane, Crockett, Dimmit, Duval, Edwards, El Paso, Encinal, Frio, Gillespie, Gonzales, Guadalupe, Jeff Davis, Karnes, Kendall, Kerr, Kimble, Kinney, La Salle, Live Oak, Loving, McMullen, Mason, Maverick, Medina, Menard, Pecos, Presidio, Reeves, Schleicher, Sutton, Upton, Uvalde, Val Verde, Ward, Webb, Wilson, Winkler, Zapata, and Zavala.

After a judicial reorganization in 1911 (Committee Substitute Senate Bills 10 and 86, 32nd Texas Legislature, Regular Session), the 4th Court of Civil Appeals lost twelve of its West Texas counties, which were transferred to the newly-created 8th Court of Civil Appeals in El Paso; but it gained another ten counties in South Texas. Thus in 1911, the 4th Supreme Judicial District was composed of the following 40 counties: Aransas, Atascosa, Bandera, Bee, Bexar, Calhoun, Cameron, Dimmit, Duval, Edwards, Frio, Gillespie, Goliad, Gonzales, Guadalupe, Hidalgo, Karnes, Kendall, Kerr, Kimble, Kinney, La Salle, Live Oak, McMullen, Mason, Maverick, Medina, Menard, Nueces, Refugio, San Patricio, Starr, Sutton, Uvalde, Val Verde, Victoria, Webb, Wilson, Zapata, and Zavala.

Since the creation of the 13th Supreme Judicial District (Corpus Christi/Edinburg) in 1963 (House Bill 68, 58th Texas Legislature, Regular Session), the 4th Supreme Judicial District has encompassed the following 32 counties (its current extent): Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval, Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Kimble, Kinney, La Salle, McMullen, Mason, Maverick, Medina, Menard, Real, Starr, Sutton, Uvalde, Val Verde, Webb, Wilson, Zapata, and Zavala.

(Sources include the Texas Almanac, various editions; Article V, Sections 1, 6, and 7 of the Texas Constitution; the enabling legislation (1893, 1911, 1963, and 1985); the Handbook of Texas Online article on the Judiciary by Paul Womack; the websites of the 4th Court of Appeals, the 8th Court of Appeals, and the 13th Court of Appeals (all accessed June 23, 2005).)

Return to the Table of Contents

Scope and Contents

During the time period covered by these records, the Texas 4th Court of Appeals heard only civil appeals from county and district courts in the 4th Supreme Judicial District. The most important activities of this court are documented in these case files, which may contain any or all of the following: briefs and arguments, statements of fact, transcripts of proceedings from lower courts, motions, subpoenas, opinions, judgments, exhibits, and bills of cost. Records date 1891-1981. The court meets in San Antonio. The 4th Supreme Judicial District covered an area that originally included 45 counties (including counties in West Texas), then (in 1911) 40 counties (including some further south than currently), but now (since 1963) only 32.

Some case files are known to be missing in the first three boxes from 1893 and for the years 1975-1981. When a missing case has been identified, it is noted in the box listing of the case files. Missing case files for all the years in between are mostly unknown.

Return to the Table of Contents

Return to the Table of Contents

Restrictions

Restrictions on Access

The Case files 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 Public Information Act, Section 552.107(2). 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 4th Court of Appeals 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. Sept. 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 4th Court of Appeals. 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 4th Court of Appeals 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 (Room 100). Materials will be retrieved from and returned to storage areas by staff members.

Restrictions on Use

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.).

Technical Requirements

None.

Return to the Table of Contents

Return to the Table of Contents

Related Material

Return to the Table of Contents

Administrative Information

Preferred Citation

(Identify the item), Texas 4th Court of Appeals case files. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1982/101, 1983/014(LR), 1985/007(LR), 1988/010(LR), 1989/004(LR)

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the State and Local Records Division, Texas State Library, on September 20, 1993. These records had originally been accessioned by the Local Records Division, San Antonio Depository, on July 17, 1981; December 30, 1982; January 18, 1985; February 25, 1988; and March 1, 1989.

Processing Information

Paul Beck, April 1994

Tony Black, July 2007

Return to the Table of Contents

Detailed Description of the Collection