Texas Appellate Deadlines – Key Dates to Remember

When handling an appeal in Texas, missing a deadline can be fatal. Below is a quick reference to the most important deadlines under the Texas Rules of Civil Procedure (TRCP) and Texas Rules of Appellate Procedure (TRAP).

Findings of Fact & Conclusions of Law

• Request: File within 20 days after judgment is signed. (TRCP 296)
• Court’s duty: Court must send findings/conclusions within 20 days after a timely request. (TRCP 297)
• Notice of Past Due Findings: File within 30 days of your original request if the court misses its deadline; this extends the court’s deadline to 40 days after the request. (TRCP 297)
• Additional/amended findings: Request within 10 days after the court sends its original findings. (TRCP 298)
• Interlocutory/accelerated orders: The court is not required to issue findings, but may do so within 30 days after the order. (TRAP 28.1(c))

Post-Judgment Motions (TRCP 329b)

• Motion for new trial / motion to modify: File within 30 days after judgment is signed.
• Overruled by operation of law: On the 75th day if no order has been signed.
• Plenary power: Expires 30 days after all timely post-judgment motions are overruled, by order or operation of law.

Notice of Appeal (TRAP 26.1, 26.3)

• Standard appeal: 30 days after judgment is signed.
• Extended to 90 days if any party timely files:
  • motion for new trial,
  • motion to modify,
  • motion to reinstate (TRCP 165a), or
  • request for findings of fact and conclusions of law.
• Accelerated appeals: 20 days after order/judgment. Extensions are available under TRAP 26.3 (15-day grace window).
• Restricted appeals: 6 months after judgment/order.
• “Me-too” notices: Any other party has 14 days after the first timely notice, or the regular deadline—whichever is later.

Docketing Statement (TRAP 32.1)

• Timing: File the OCA-approved docketing statement promptly upon filing the notice of appeal.

Briefing (TRAP 38.6)

• Appellant’s brief:
  • 30 days after the later of the clerk’s record or reporter’s record.
  • 20 days in accelerated appeals.
• Appellee’s brief:
  • 30 days after appellant’s brief.
  • 20 days in accelerated appeals (or 30/20 days after appellant’s deadline if no appellant brief).
• Reply brief: 20 days after appellee’s brief.
• Extensions: Permitted by motion.

Court of Appeals Rehearing / En Banc (TRAP 49)

• Deadline: 15 days after the judgment or order.
• Applies to both motions for panel rehearing and motions for en banc reconsideration.

Petition for Review – Texas Supreme Court (TRAP 53, 64)

• Petition:
  • 45 days after the court of appeals’ judgment, or
  • 45 days after denial of a timely rehearing.
• Response: 30 days after petition is filed.
• Reply: 15 days after the response.
• Extensions: Available by motion.
• Motion for rehearing in the Supreme Court: 15 days after the Court’s judgment/order disposing of the petition for review.

Petition for Writ of Certiorari – U.S. Supreme Court (U.S. Sup. Ct. R. 13)

• Deadline: 90 days from the Texas Supreme Court’s judgment or from denial of timely rehearing.
• Extensions: Application must be filed at least 10 days before the petition’s due date; extensions may be granted up to 60 days.

Mandate / Finality (TRAP 18.1)

• The appellate judgment becomes effective for enforcement when the mandate issues, generally after all time periods for rehearing and Supreme Court review have run.

Practice Tip – TRAP 4.5 “No Notice” Extension

If a party did not receive notice of the appellate court’s judgment/order within 20 days, they may move for an extension to extend deadlines. This must be supported by sworn proof, and the motion must be filed within 15 days after the party receives actual notice (but not more than 90 days after the judgment/order).