After a judgment is rendered in your case at the trial level, you typically must file a notice of appeal within 30 days of the judgment being signed. However, if you file a motion for new trial asking the trial court to reconsider it’s ruling, then the deadline to file the notice of appeal is extended to 90 days after the judgment was signed. This does not apply to accelerated appeals such as for termination of rights cases where the deadline to file your notice of appeal remains at 20 days after the judgment was signed. Other motions extending pleadings which may be filed to extend the deadline to 90 days would be a motion to modify or correct the judgment or findings of fact or conclusion of law where applicable.

The motion for new trial must be filed within 30 days after the judgment is signed and must be heard and ruled on within 75 days of the judgment being signed or it is overruled by operation of law. The court loses plenary power over the judgment 105 days after the judgment was signed, or, in other words, may not alter the judgment after this period has passed.

As far as appellate briefs, a party may file a motion with the appeals court to extend the deadline to file the brief and it is up to the appeals court whether to grant the motion although the first request is usually granted. Similar motions may be filed to extend deadlines to file motions for rehearing, petitions for review, and writ of certiorari.

Appeals are a very specialized area of law. It is important to have a Board Certified Appellate attorney handle your case, advise you of the guidelines, deadlines, and timelines. Leslie A. Werner has specialized in appeals for over 30 years and has worked at two different Texas Court of Appeals. If you have a civil judgment you’d like appealed, text with Leslie today before your deadline has passed.