How civil appeals work in Texas and the deadlines

A judgment came down and it did not go your way. The first question most people ask is whether they can appeal, and the second is how much time they have. The second question is the more urgent one.

This page explains how civil appeals generally work in Texas, which courts hear them, and where the deadlines are. It does not replace a review of your judgment by a lawyer.

What is the way to challenge a judgment?

An appeal asks a higher court to decide whether the trial court made a legal error that affected the result. It is the main way to challenge a final judgment in a civil case.

Before an appeal, there may also be post-judgment motions in the trial court, such as a motion for new trial. These motions ask the same judge to reconsider, and filing one on time can change the appeal deadline.

Both paths are governed by strict time limits. Missing them can make the judgment final no matter how strong the arguments might have been.

What does a court of appeals do?

Texas has intermediate courts of appeals spread across the state. Civil cases from Travis County generally go to the Third Court of Appeals, which sits in Austin.

A court of appeals reviews the record. That means the pleadings, the evidence admitted, the transcript of hearings, and the trial court's rulings. The justices read written briefs from both sides and may hear oral argument. They do not take new testimony.

The court can affirm the judgment, reverse it, modify it, or send the case back to the trial court for further proceedings.

How is the Supreme Court of Texas different?

The Supreme Court of Texas is the highest court for civil cases in the state. Its review is discretionary: a party files a petition for review, and the court decides whether to take the case. Criminal cases go to a separate court, the Texas Court of Criminal Appeals.

The petition for review is generally due 45 days after the court of appeals renders judgment, or after it rules on the last timely motion for rehearing (TRAP 53.7). Because the court grants only some petitions, many cases end at the court of appeals.

1. 1

   Judgment signed

   The trial court signs a final judgment; the clock starts

2. 2

   Post-judgment motions30 days

   Motion for new trial or to modify the judgment, if appropriate

3. 3

   Notice of appeal30 or 90 days

   Filed with the trial court clerk

4. 4

   Record and briefs

   Clerk's record, reporter's record, then written briefs from each side

5. 5

   Court of appeals decision

   Affirm, reverse, modify or remand

6. 6

   Petition for review45 days

   Optional request to the Supreme Court of Texas

Which deadlines apply to which court?

The deadlines depend on the type of case and the court that decided it. The table gives a general overview for civil cases.

Stage	Court	What it reviews	General deadline	Source
Motion for new trial	Same trial court	Errors the trial judge can fix	30 days after judgment	TRCP 329b
Regular appeal	Court of appeals	Legal error in the record	30 days, or 90 with a timely post-judgment motion	TRAP 26.1
Accelerated appeal	Court of appeals	Certain interlocutory and other orders	20 days	TRAP 26.1(b)
Petition for review	Supreme Court of Texas	Discretionary review of legal issues	45 days after the court of appeals ruling	TRAP 53.7
Justice court appeal	County court	New trial from the start	Short, set by the justice court rules	TRCP 506

Federal cases follow a different set of rules. In most federal civil cases, the notice of appeal is due within 30 days after the judgment is entered, with longer periods in some cases involving the United States.

I lost my case, what can I do?

Start by finding the date the judgment was signed. That date controls most of the deadlines. If you received the judgment late, there are limited rules that may help, but they should not be counted on.

Next, think about whether there was a legal error, not only a result you disagree with. Appeals courts give deference to how the trial judge or jury weighed the evidence. An appeal has better footing when there is a clear question about the law, the procedure, or whether the evidence could support the result at all.

Third, think about cost and enforcement. An appeal requires the record, written briefs and time. If you want to stop the other side from collecting the judgment during the appeal, you may need to post a bond or other security.

A related point: the other side can appeal too. If both parties are unhappy with parts of the judgment, each one needs to protect its own deadline.

What is the part people often overlook?

Preservation. In most cases, an appeals court will only consider an error if it was raised in the trial court at the right time, usually through an objection, a motion or a request for a ruling. An argument that was never made below is often treated as waived.

This is one reason why the appeal starts long before the judgment. The way a case is tried shapes what can be appealed later. For more on how a case moves from start to finish, see understanding the legal process.

• Judgment signedkey deadline

  Day 0 for most post-judgment deadlines

• Day 20

  Notice of appeal due in accelerated appeals

• Day 30key deadline

  Motion for new trial due; notice of appeal due if no such motion was filed

• Day 90

  Notice of appeal due if a timely motion for new trial or similar motion was filed

• After the appeal

  Petition for review to the Supreme Court of Texas within 45 days of the ruling

What is the short version?

An appeal is a review of the record for legal error. It is not a second trial. In most Texas civil cases, you have 30 days from the signed judgment to file a notice of appeal, or 90 days if a timely motion for new trial was filed.

If you received a judgment you believe is wrong, look at the signing date first and talk to a lawyer soon after. Appeals depend on the record and on short deadlines, and both are hard to fix later. Deadlines in general are covered in the statutes of limitations guide.