Texas Appellate Deadlines – Notice of Appeal, Motions, Briefing, and Review

Texas appellate deadlines are strict, and missing one can forfeit your appeal. This guide explains key deadlines under the Texas Rules of Appellate Procedure (TRAP) and Texas Rules of Civil Procedure (TRCP). Learn when to file a request for findings of fact and conclusions of law (FOFCOL), the 30-day deadline for a motion for new trial, the 30-, 90-, 20-, and 6-month notice of appeal rules, briefing schedules, rehearing deadlines, and when to file a petition for review in the Texas Supreme Court.

Requesting Findings of Fact and Conclusions of Law (TRCP 296–298)

Action	Deadline	Rule	Notes
Request for findings and conclusions	20 days after judgment signed	TRCP 296	Must be timely to preserve certain appellate complaints.
Court to send findings and conclusions	20 days after request	TRCP 297	If court fails, see “Notice of Past Due.”
Notice of past-due findings	30 days after request	TRCP 297	Extends court’s deadline to 40 days from original request.
Request for additional/amended findings	10 days after original findings sent	TRCP 298	Court must respond within 10 days.
Interlocutory/accelerated appeals	Court may issue findings within 30 days of order	TRAP 28.1(c)	Findings not required, but permitted.

Post-Judgment Motions and Plenary Power (TRCP 329b)

Action	Deadline	Rule	Notes
Motion for new trial / motion to modify	30 days after judgment signed	TRCP 329b(a)	Includes motions to correct or reform.
Motion overruled by operation of law	75th day after judgment signed	TRCP 329b(c)	If no order is signed.
Plenary power expires	30 days after denial/overruling of post-judgment motion	TRCP 329b(e)	Court loses authority even if notice of appeal is pending.

Notice of Appeal Deadlines (TRAP 26.1, 26.3)

Scenario	Deadline	Rule	Notes
Standard civil appeal	30 days after judgment signed	TRAP 26.1	Runs from signing, not service.
If post-judgment motion or FOFCOL request filed	90 days after judgment signed	TRAP 26.1(a)	Covers MNT, modify, reinstate, FOFCOL.
Accelerated appeals	20 days after judgment/order	TRAP 26.1(b)	Extendable by 15 days with motion (TRAP 26.3).
Restricted appeals	6 months after judgment/order	TRAP 26.1(c)	Hard deadline.
After another party files notice	14 days after first notice or later of deadlines	TRAP 26.1(d)	“Me-too” appeals.

Filing the Docketing Statement (TRAP 32.1)

Action	Deadline	Rule	Notes
File docketing statement	Promptly upon filing notice of appeal	TRAP 32.1	Must use statewide OCA-approved form.

Appellate Briefing Deadlines (TRAP 38.6)

Brief	Deadline	Rule	Notes
Appellant’s brief	30 days after later of clerk’s record or reporter’s record	TRAP 38.6(a)	In accelerated appeals, 20 days.
Appellee’s brief	30 days after appellant’s brief filed	TRAP 38.6(b)	In accelerated appeals, 20 days.
Appellant’s reply brief	20 days after appellee’s brief filed	TRAP 38.6(c)	Same in accelerated appeals.
Extensions	By motion	TRAP 38.6(d)	Court has discretion to extend.

Motions for Rehearing and En Banc Reconsideration (TRAP 49)

Action	Deadline	Rule	Notes
Motion for rehearing (panel)	15 days after COA judgment/order	TRAP 49.1	Applies to final judgments and some orders.
Motion for en banc reconsideration	15 days after COA judgment/order	TRAP 49.7	May be combined with rehearing motion.

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

Action	Deadline	Rule	Notes
Petition for review	45 days after COA judgment OR 45 days after denial of timely rehearing	TRAP 53.7(a)	Runs from later of judgment or rehearing ruling.
Response to petition	30 days after petition filed	TRAP 53.7(d)	Response not required unless requested.
Petitioner’s reply	15 days after response filed	TRAP 53.7(e)	Optional.
Extensions	By motion	TRAP 53.7(f)	Court has discretion.
Motion for rehearing in Supreme Court	15 days after Supreme Court judgment/order	TRAP 64.1	Applies to PFR rulings.

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

Action	Deadline	Rule	Notes
Petition for certiorari	90 days after TX Supreme Court judgment or denial of rehearing	U.S. Sup. Ct. R. 13.1	Applies to civil and criminal appeals.
Motion for extension	At least 10 days before petition deadline	U.S. Sup. Ct. R. 13.5	Extensions up to 60 days possible.

Mandate and Finality (TRAP 18.1)

Action	Timing	Rule	Notes
Issuance of mandate	After time for rehearing expires or Supreme Court review complete	TRAP 18.1	Judgment becomes enforceable when mandate issues.

Texas Appellate Deadlines – Quick Reference Table

Stage	Trigger	Deadline	Rule
Findings of Fact & Conclusions of Law	Judgment signed	Request due 20 days after judgment	TRCP 296
	Request filed	Court must send findings 20 days after request	TRCP 297
	If no findings sent	Notice of Past Due Findings due 30 days after request (extends court’s deadline to 40 days)	TRCP 297
	After findings sent	Request for additional/amended findings due 10 days later	TRCP 298
Post-Judgment Motions	Judgment signed	Motion for new trial / modify due 30 days	TRCP 329b(a)
	Motion pending	Overruled by operation of law on 75th day	TRCP 329b(c)
	Motion denied	Plenary power expires 30 days later	TRCP 329b(e)
Notice of Appeal	Judgment signed	Standard deadline 30 days	TRAP 26.1
	If post-judgment motion/FOFCOL request timely filed	Extended to 90 days	TRAP 26.1(a)
	Accelerated appeal	20 days (extensions allowed +15 days)	TRAP 26.1(b), 26.3
	Restricted appeal	6 months	TRAP 26.1(c)
	After one party files notice	Other parties have 14 days	TRAP 26.1(d)
Docketing Statement	Notice of appeal filed	File promptly (OCA form)	TRAP 32.1
Briefing	Clerk’s or reporter’s record filed (whichever later)	Appellant: 30 days (20 in accelerated)	TRAP 38.6(a)
	Appellant’s brief filed	Appellee: 30 days (20 in accelerated)	TRAP 38.6(b)
	Appellee’s brief filed	Appellant reply: 20 days	TRAP 38.6(c)
Court of Appeals Rehearing	COA judgment/order	Motion for rehearing or en banc: 15 days	TRAP 49
Petition for Review – TX Supreme Court	COA judgment/order	Petition: 45 days after judgment or denial of rehearing	TRAP 53.7
	Petition filed	Response: 30 days	TRAP 53.7(d)
	Response filed	Reply: 15 days	TRAP 53.7(e)
	TX Supreme Court judgment/order	Motion for rehearing: 15 days	TRAP 64.1
U.S. Supreme Court	TX Supreme Court judgment/denial of rehearing	Petition for certiorari: 90 days	U.S. Sup. Ct. R. 13.1
	Before petition due	Extension motion: at least 10 days before deadline (max 60 days)	U.S. Sup. Ct. R. 13.5
Mandate	All rehearing/review periods expire	Mandate issues → judgment final	TRAP 18.1

Visual Timeline (Standard Civil Appeal)

Day 0 – Judgment signed
Day 20 – FOFCOL request due
Day 30 – Notice of appeal due (unless extended) / Post-judgment motions due
Day 75 – Post-judgment motions overruled by operation of law
Day 90 – Notice of appeal due (if motion/FOFCOL filed)
6 months – Restricted appeal deadline

Texas Appellate Deadlines Chart