Texas Appellate Deadline Calculator: Understanding TRAP 26.1
When a final judgment is signed in a Texas civil case, the clock starts ticking.
The time to file a notice of appeal is controlled by Texas Rule of Appellate Procedure 26.1 — and missing it can end your appeal before it begins.
This guide explains what TRAP 26.1 means, how to count the days, when the 30-day and 90-day rules apply, and how to extend your time under TRAP 26.3.
You’ll also find a free calculator to help compute your exact appellate deadline–but check the applicable rules and any court order. The calculator is offered as-is and is not a substitute for legal advice.
⚖️ 1. What TRAP 26.1 Means
Under Rule 26.1, a notice of appeal must be filed within:
| Type of Appeal | Deadline | Rule Citation |
|---|---|---|
| Ordinary civil appeal | 30 days after the judgment is signed | TRAP 26.1(a) |
| If you timely file a motion for new trial, motion to modify, or request for findings of fact/conclusions of law | 90 days after the judgment is signed | TRAP 26.1(a)(1)–(4) |
| Accelerated appeal (e.g., interlocutory orders, parental termination) | 20 days after the order is signed | TRAP 26.1(b) |
| Restricted appeal | 6 months after the judgment is signed | TRAP 26.1(c) |
If you’re unsure which applies, check your case type or consult an appellate attorney.
Filing even one day late can be fatal to your appeal.
🗓️ 2. How to Count Days Under TRAP 4.1
TRAP 4.1 explains how to compute time periods:
- Exclude the day the judgment or order was signed.
- Count every calendar day after that date.
- Include the last day unless it falls on a Saturday, Sunday, or legal holiday.
- If it does, move the deadline to the next day the clerk’s office is open.
- Deadlines run until midnight on that day (unless electronic-filing cutoff times apply).
🧩 3. Free Texas Appellate Deadline Calculator
Use this simple tool to estimate your deadline.
TRAP 26.1 Deadline Calculator
(Note: This tool is for educational purposes and is not legal advice. Always confirm with the Texas Rules of Appellate Procedure and your appellate court’s local rules.)
📅 4. Extensions Under TRAP 26.3
If you miss the original deadline, you may still file a notice of appeal within 15 days after it expires — but only if you also file a motion for extension of time showing a reasonable explanation for the delay.
- The extension window is jurisdictional; missing it ends the appeal.
- File the notice and the motion within the same 15-day period.
- Courts apply TRAP 10.5(b) for extension motions — keep it short, factual, and respectful.
🕒 Example:
Judgment signed May 1 → ordinary 30-day deadline = May 31 → extension window = June 1 through June 15.
🧭 5. Common Scenarios & Practice Tips
| Situation | Correct Deadline | Tip |
|---|---|---|
| No post-judgment motions | 30 days | File early; e-file cutoff = 11:59 p.m. |
| Motion for new trial filed timely | 90 days | Don’t assume “filed” means “granted.” The motion extends time automatically. |
| Accelerated appeal | 20 days | Includes interlocutory appeals → no automatic extensions. |
| Restricted appeal | 6 months | Only if you didn’t participate in trial; strict jurisdictional test. |
Pro Tip: File your notice as soon as judgment is signed — you can always amend it later under TRAP 25.1(f).
📖 6. Rules & Authorities
- Texas Rule of Appellate Procedure 26.1 – Deadlines for notice of appeal.
- TRAP 4.1 – How to count days.
- TRAP 26.3 – Extensions of time.
- TRAP 10.5(b) – Motion requirements.
- Texas Supreme Court’s rules page: https://www.txcourts.gov/rules-forms/rules-standards/
⚠️ 7. Common Mistakes to Avoid
- Mis-counting from the day judgment was signed.
- Assuming a motion for new trial must be granted to extend time (it only needs to be filed).
- Forgetting that accelerated appeals have no automatic 15-day grace period.
- Relying on Rule 4 for extra mail days (does not apply).
- Waiting until the last minute to e-file — technical glitches don’t toll deadlines.
🧾 8. Frequently Asked Questions
Q: Does the weekend rule apply to appellate deadlines?
Yes. If the final day falls on a Saturday, Sunday, or legal holiday, the deadline moves to the next business day the clerk’s office is open.
Q: What if I file a motion for new trial after 30 days?
It won’t extend your appellate deadline. Only timely post-judgment motions do.
Q: Can I still appeal after missing the deadline?
Only if you file both the notice of appeal and a motion for extension within the 15-day window under TRAP 26.3.
⚖️ Disclaimer
This guide and calculator are for informational purposes only and do not constitute legal advice.
Court rules and filing procedures may change. Always verify deadlines under the Texas Rules of Appellate Procedure and your appellate district’s local rules, or consult a licensed Texas attorney.
