What is a transcript? What is a statement of facts?

The compilation of pleadings and other trial court documents prepared by the trial court clerk for purposes of appeal was known as a “transcript” until September 1, 1997, when it became known as a “clerk’s record.” See Texas Rule of Appellate Procedure 34.5; former Texas Rule of Appellate Procedure 51. In Texas appellate law, the term “transcript” does not correctly refer to — and has never correctly referred to — a court reporter’s transcription. The court reporter’s transcription of the proceedings (and any corresponding exhibits) for purposes of appeal was known as a “statement of facts” until September 1, 1997, when it became known as a “reporter’s record.” See Texas Rule of Appellate Procedure 34.6; former Texas Rule of Appellate Procedure 53; Texas Dep’t of Pub. Safety v. Burrows, 976 S.W.2d 304, 307 n.2 (Tex. App. — Corpus Christi 1998, no pet.); In re VanDeWater, 966 S.W.2d 730, 733 n.4 (Tex. App. — San Antonio 1998, orig. proceeding). Under the current appellate rules, a “statement of facts” is the section of an appellate filing (e.g., brief, petition for writ of mandamus, petition for review) in which a litigant states the background facts of the case. See Texas Rule of Appellate Procedure 38.l(g), 52.3(g), 53.1(g).

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