When a judgment or appealable order is signed in a Texas civil case, a series of deadlines begin to run. Many of those deadlines are governed by the Texas Rules of Appellate Procedure, and missing the wrong one can be fatal to an appeal. This page summarizes key Texas appellate deadlines that commonly arise after a judgment or appealable order is signed.
Findings of Fact and Conclusions of Law
In appeals from final judgments, findings of fact and conclusions of law can affect the appellate timetable. A request for findings of fact and conclusions of law must be filed within 20 days after the judgment is signed. Tex. R. Civ. P. 296. If a timely request is made, the trial court is required to file its findings and conclusions within 20 days after the request. Tex. R. Civ. P. 297.
If the trial court fails to timely file findings, the requesting party must file a notice of past due findings within 30 days after the original request. Id. Filing the notice extends the court’s deadline to 40 days after the request. Id. A party may request additional or amended findings within 10 days after the court files its original findings and conclusions. Tex. R. Civ. P. 298.
In interlocutory or accelerated appeals, the trial court is not required to file findings of fact or conclusions of law, but may do so within 30 days after the order is signed. Tex. R. App. P. 28.1(c).
Post-Judgment Motions and Plenary Power
Post-judgment motions directly affect appellate deadlines. A motion for new trial or a motion to modify the judgment must be filed within 30 days after the judgment is signed. Tex. R. Civ. P. 329b(a), (g). If no written order is signed, the motion is overruled by operation of law on the 75th day after the judgment is signed. Tex. R. Civ. P. 329b(c).
Under Rule 329b, the trial court retains plenary power until 30 days after all timely filed post-judgment motions are overruled, either by written order or by operation of law. Tex. R. Civ. P. 329b(e). Once plenary power expires, the trial court generally lacks authority to alter the judgment.
Notice of Appeal
The deadline to file a notice of appeal is governed by Texas Rule of Appellate Procedure 26.1. In an ordinary civil appeal, the notice of appeal must be filed within 30 days after the judgment is signed. Tex. R. App. P. 26.1.
That deadline is extended to 90 days after the judgment is signed if any party timely files a motion for new trial, a motion to modify the judgment, a motion to reinstate under Rule 165a, or a request for findings of fact and conclusions of law. Tex. R. App. P. 26.1(a).
Accelerated appeals follow a shorter timetable. In those cases, the notice of appeal must be filed within 20 days after the judgment or order is signed. Tex. R. App. P. 26.1(b), 28.1(b). Restricted appeals must be filed within six months after the judgment or order is signed. Tex. R. App. P. 26.1(c).
If one party files a timely notice of appeal, any other party may file a notice of appeal within 14 days after the first notice is filed, or within the original deadline, whichever is later. Tex. R. App. P. 26.1(d).
If a notice of appeal is not timely filed, a party may seek an extension by filing both the notice of appeal and a motion to extend time within 15 days after the deadline. Tex. R. App. P. 26.3. The extension period is strictly limited.
Docketing Statement
Rule 32.1 requires an appellant to file an OCA-approved docketing statement. The rule provides that the docketing statement must be filed promptly after the notice of appeal is filed. Tex. R. App. P. 32.1.
Briefing Deadlines
Briefing deadlines are governed by Rule 38.6. In most civil appeals, the appellant’s brief is due 30 days after the later of the clerk’s record or the reporter’s record is filed. Tex. R. App. P. 38.6(a). In accelerated appeals, the appellant’s brief is due 20 days after the record is filed. Id.
The appellee’s brief is due 30 days after the appellant’s brief, or 20 days in accelerated appeals. Tex. R. App. P. 38.6(b). A reply brief may be filed within 20 days after the appellee’s brief. Tex. R. App. P. 38.6(c). The court of appeals may extend briefing deadlines on motion. Tex. R. App. P. 38.6(d).
Rehearing and En Banc Reconsideration
A motion for rehearing or a motion for en banc reconsideration must be filed within 15 days after the court of appeals’ judgment or order is rendered. Tex. R. App. P. 49.1, 49.7.
Petition for Review to the Texas Supreme Court
A party seeking review in the Supreme Court of Texas must generally file a petition for review within 45 days after the court of appeals’ judgment, or 45 days after the denial of a timely motion for rehearing. Tex. R. App. P. 53.7(a).
A response to the petition is due within 30 days after the petition is filed, and a reply is due within 15 days after the response. Tex. R. App. P. 53.7(b), (c). A motion for rehearing in the Supreme Court must be filed within 15 days after the Court’s judgment or order disposing of the petition. Tex. R. App. P. 64.1.
Review by the United States Supreme Court
A petition for writ of certiorari to the United States Supreme Court must be filed within 90 days after the Texas Supreme Court’s judgment or denial of rehearing. U.S. Sup. Ct. R. 13. Any request for an extension of time must be filed at least 10 days before the petition is due, and extensions may be granted for up to 60 days. U.S. Sup. Ct. R. 13.5.
Mandate and Finality
Under Rule 18.1, the appellate court’s mandate issues after the time for filing a motion for rehearing and a petition for review has expired, unless issuance of the mandate is stayed. Tex. R. App. P. 18.1.
Mandamus and Other Original Proceedings
A petition for writ of mandamus is an original proceeding governed by the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52. The rules do not prescribe a specific deadline for filing a mandamus petition. Courts may consider delay as part of their discretionary analysis when deciding whether mandamus relief is appropriate.
Practice Tip: Lack of Notice
If a party does not receive notice of an appellate court’s judgment or order within 20 days after it is signed, Rule 4.5 may allow certain appellate deadlines to be extended. Any motion seeking relief must be supported by sworn proof and filed within 15 days after the party receives actual notice, but not later than 90 days after the judgment or order. Tex. R. App. P. 4.5.
Because Texas appellate deadlines are strictly enforced, deadlines should always be confirmed against the governing rules.