Trial Court Clerk Losing a Filed Document In Texas
Texas Rules of Appellate Procedure, Rule 34.5(e) sets out the procedure to be followed whenever a document filed with the trial court clerk has been "lost or destroyed." Id.
The rule provides:
(e) Clerk's Record Lost or Destroyed. If a filing designated for inclusion in the clerk's record has been lost or destroyed, the parties may, by written stipulation, deliver a copy of that item to the trial court clerk for inclusion in the clerk's record or a supplement. If the parties cannot agree, the trial court must--on any party's motion or at the appellate court's request--determine what constitutes an accurate copy of the missing item and order it to be included in the clerk's record or a supplement. Id.