Usually, the deadline to file a notice of appeal of a trial court’s judgment is 30 days after the judgment is signed by the court. This begins the appeal process. However, if there is a deadline extending pleading like a motion for new trial or request for findings of fact and conclusions of law, the deadline is extended to 90 days after the judgment was signed. For an accelerated appeal like a termination of rights case, the deadline for filing a notice of appeal is 20 days from judgment and there are no deadline extending document that may be filed. For a restricted appeal, the deadline is six months from entry of the judgment. This is typically for default judgments.
After the notice of appeal is filed, then a docketing statement is due per the appeals court, but usually 10 days after the notice of appeal is filed. In addition, a clerk’s record and reporter’s record must be requested, paid for, and filed. After this takes place, then the deadline to file the appellant’s brief is usually 30 days after the latest of the records filed. Then, the appellee’s brief is due 30 days later.
Once the appeals court renders their decision, a party may request a rehearing within 15 days of the rendition of the ruling. Once the appeals court files their decision on the motion for rehearing, the deadline to file a petition for review to the Texas Supreme Court is 45 days after the decision on the rehearing. Finally, after the decision on the petition for review is rendered, a party has 90 days from that date to file a writ of certiorari with the U.S. Supreme Court.
As you can see, the deadlines in an appeal are strict, and different at every level of the appeal. It’s important to use an appeal attorney who is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, so they are familiar with every step’s deadline. It’s also important that this appellate attorney have an organized staff in place, such as the staff at The Werner Law Group, to make sure no deadlines get missed. Lastly, it’s important that your appellate attorney be admitted to practice in the United States Supreme Court, so that if your case has grey areas and loses at the district and state level, that attorney can take your appeal the United States Supreme Court. The Werner Law Group is uniquely qualified to do just this. If you are in need of an appeals attorney, reach out to The Werner Law Group immediately to make sure you don’t miss any deadlines in your case. The Werner Law Group can be reached seven days a week at 361-578-7200.