Does the Texas notice-of-appeal deadline run from when the judgment is signed or from when it is served?

From when the judgment is signed. Texas Rule of Appellate Procedure 26.1 counts the 30-day (or 90-day) period from the date the trial court signs the judgment, not from docket entry or from service of notice of the judgment on the parties.

Where do I file a Texas notice of appeal?

With the clerk of the trial court that signed the judgment, not with the court of appeals. Texas Rule of Appellate Procedure 25.1(a) states that an appeal is perfected when a written notice of appeal is filed with the trial court clerk, and a notice mistakenly filed with the appellate court is treated as filed with the trial court clerk that same day.

Is there a mandatory form for a Texas notice of appeal?

Texas Rule of Appellate Procedure 25.1(d) lists the content the notice must state; check with the trial court clerk or the court of appeals for any form it uses. Promptly after filing the notice, the appellant separately files a Docketing Statement approved by the Office of Court Administration (Tex. R. App. P. 32.1).

How is a Texas small-claims appeal different from an ordinary notice of appeal?

A justice court judgment is not appealed by filing a notice of appeal. Either party perfects the appeal by filing a bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs with the justice court within 21 days after the judgment is signed, or within 21 days after a motion to reinstate, set aside, or for new trial is denied. The case then gets a full trial de novo in the county court (Tex. R. Civ. P. 506.1(a), 506.3).

Do I need to name the Texas court of appeals in my notice?

Yes. Texas Rule of Appellate Procedure 25.1(d)(4) requires the notice to state the court to which the appeal is taken, except that if the appeal is to the First or Fourteenth Court of Appeals, both of which sit in Houston, the notice must state that the appeal is to either of those courts.

What happens if I miss the Texas notice-of-appeal deadline?

The appeal is generally forfeited. A narrow extension is available only under Texas Rule of Appellate Procedure 26.3 if you act within 15 days after the deadline. Separately, a restricted appeal may be available within six months after the judgment is signed for a party affected by the judgment who did not participate in the hearing that produced it and did not timely file a postjudgment motion, request for findings of fact and conclusions of law, or notice of appeal (Tex. R. App. P. 26.1).

Texas Notice of Appeal

Q: How long do I have to file a notice of appeal in Texas?

Generally 30 days after the trial court signs the judgment. That period extends to 90 days after the judgment is signed if any party timely files a motion for new trial, a motion to modify the judgment, a motion to reinstate under Texas Rule of Civil Procedure 165a, or a proper request for findings of fact and conclusions of law (Tex. R. App. P. 26.1(a)(1)-(4)).

Q: Can a Texas court of appeals extend the notice-of-appeal deadline?

Only narrowly. Under Texas Rule of Appellate Procedure 26.3, the court of appeals may extend the time to file if, within 15 days after the deadline, the party files the notice of appeal in the trial court and files a motion in the appellate court under Rule 10.5(b) showing a reasonable explanation for needing the extension. Outside that window, the deadline generally cannot be extended.

Q: Does filing a Texas notice of appeal stop the other side from collecting the judgment?

No. Texas Rule of Appellate Procedure 25.1(h) states that filing the notice of appeal does not suspend enforcement of the judgment. Enforcement continues unless the judgment is superseded under Rule 24, typically by a bond, cash deposit, or written agreement; a money-judgment supersedeas bond is capped at the lesser of 50 percent of the judgment debtor's net worth or $25 million (Tex. R. App. P. 24.2(a)(1)).

Texas counts the clock from the day the judgment is signed, not entered or served, and a justice court judgment is appealed by bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs into a new trial rather than by notice of appeal.

Find out where you stand in Texas

Where are you in the appeal?

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Introduction

In Texas, a notice of appeal from a final civil judgment must be filed within 30 days after the trial court signs the judgment, not the date it is entered on the docket or served on the parties. That period extends to 90 days after the judgment is signed if any party timely files a motion for new trial, a motion to modify the judgment, a motion to reinstate under Texas Rule of Civil Procedure 165a, or a proper request for findings of fact and conclusions of law (Tex. R. App. P. 26.1(a)(1)-(4)). An accelerated appeal, generally from an interlocutory order, must be filed within 20 days after the order is signed, and a restricted appeal may be filed within six months after the judgment is signed (Tex. R. App. P. 26.1). Missing the deadline generally forfeits the appeal. The court of appeals may extend the time only if, within 15 days after the deadline, the party files the notice of appeal in the trial court and files a motion in the appellate court under Rule 10.5(b) showing a reasonable explanation for the delay (Tex. R. App. P. 26.3). The notice is filed with the trial court clerk, not the court of appeals (Tex. R. App. P. 25.1(a)), and must be served on every party to the judgment and delivered to each responsible court reporter (Tex. R. App. P. 25.1(e)). Rule 25.1(d) lists what the notice must state, including the trial court, the case number and style, the date of the judgment, and the court to which the appeal is taken (or, for an appeal to the First or Fourteenth Court of Appeals, that it is to either of those courts). Filing the notice does not stop the judgment creditor from collecting: enforcement continues unless the judgment is superseded under Rule 24, typically by a bond, cash deposit, or written agreement (Tex. R. App. P. 25.1(h), 24.1(a)). An appeal to the court of appeals reviews the trial court record for legal error; it is not a new trial. A justice court appeal is the exception: it is tried de novo in the county court (Tex. R. Civ. P. 506.3). This page covers a civil appeal from a final trial court judgment. Criminal, administrative-agency, federal, and interlocutory appeals outside the accelerated-appeal rule follow different procedures and are not covered here. Attorney review is available before you file.

Key Things to Know

1
The notice of appeal is due 30 days after the trial court signs the judgment, extended to 90 days if any party timely files a motion for new trial, a motion to modify the judgment, a motion to reinstate under TRCP 165a, or a proper request for findings of fact and conclusions of law (Tex. R. App. P. 26.1(a)(1)-(4)); an accelerated appeal is due 20 days, and a restricted appeal six months, after the judgment or order is signed (Tex. R. App. P. 26.1).
2
The deadline is generally not extendable. The court of appeals may grant a short extension only if, within 15 days after the deadline, you file the notice of appeal in the trial court and file a motion in the appellate court under Rule 10.5(b) explaining the delay (Tex. R. App. P. 26.3).
3
File the notice with the trial court clerk, not the court of appeals (Tex. R. App. P. 25.1(a)). The notice must state the court of appeals to which the appeal is taken, except that an appeal to the First or Fourteenth Court of Appeals in Houston must be stated as an appeal to either of those courts (Tex. R. App. P. 25.1(d)(4)).
4
The notice must state whether the appeal involves the state, a state agency or officer in official conduct, or a constitutional or validity challenge to a state statute or rule with the attorney general as a party (Tex. R. App. P. 25.1(d)(9)).
5
Perfecting a civil appeal requires only the timely notice of appeal; no cost bond is needed (Tex. R. App. P. 25.1(a)). But filing the notice does not stop the judgment creditor from collecting: enforcement continues unless the judgment is superseded under Rule 24, and a money-judgment supersedeas bond is capped at the lesser of 50 percent of the judgment debtor's net worth or $25 million (Tex. R. App. P. 25.1(h), 24.2(a)(1)).
6
Rule 25.1(d) lists the content the notice of appeal must state. Promptly after filing the notice, the appellant must also file a Docketing Statement approved by the Office of Court Administration or another document with the same information (Tex. R. App. P. 32.1).
7
A justice court (small-claims-type) judgment is not appealed by notice of appeal at all. Either party perfects the appeal by filing a bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs with the justice court within 21 days after the judgment is signed, or within 21 days after a motion to reinstate, set aside, or for new trial is denied, and the case is tried de novo in the county court (Tex. R. Civ. P. 506.1(a), 506.3).

Key decisions before you file

Before you file a Notice of Appeal in Texas, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

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CAUSE NO. [CAUSE NUMBER]

[PLAINTIFF NAME] Plaintiff,

[DEFENDANT NAME] Defendant.

IN THE [DISTRICT OR COUNTY] COURT [COUNTY] COUNTY, TEXAS [COURT NUMBER, IF ANY] JUDICIAL DISTRICT

NOTICE OF APPEAL

TO THE CLERK OF THE ABOVE-NAMED TRIAL COURT:

[NAME OF PARTY FILING THIS NOTICE], [PLAINTIFF OR DEFENDANT] in the above-styled and numbered cause, desires to appeal from the judgment signed by this Court on [DATE JUDGMENT WAS SIGNED].

Appellant appeals to [NAME OF COURT OF APPEALS, OR EITHER THE FIRST OR FOURTEENTH COURT OF APPEALS IF THE APPEAL IS TO ONE OF THOSE COURTS], as Texas Rule of Appellate Procedure 25.1(d)(4) requires.

This notice is filed within [30 DAYS, 90 DAYS AFTER A TIMELY POST-TRIAL MOTION OR REQUEST, 20 DAYS FOR AN ACCELERATED APPEAL, OR SIX MONTHS FOR A RESTRICTED APPEAL] after the judgment or order was signed, as Texas Rule of Appellate Procedure 26.1 allows.

STATE-PARTY NOTATION

This appeal [DOES OR DOES NOT] involve the State of Texas, a state officer or agency in official conduct, or a constitutional or validity challenge to a state statute or rule with the attorney general as a party, as Texas Rule of Appellate Procedure 25.1(d)(9) requires this notice to state.

ACCELERATED APPEAL

[IF APPLICABLE: This is an accelerated appeal under Texas Rule of Appellate Procedure 28.1. [IF APPLICABLE: This case is a parental-termination or child-protection case, or involves an order certifying a child to stand trial as an adult.]]

RESTRICTED APPEAL

[IF APPLICABLE: Appellant was a party affected by the judgment, did not participate in the hearing that produced it, and did not timely file a postjudgment motion, request for findings of fact and conclusions of law, or notice of appeal. [IF APPELLANT IS NOT REPRESENTED BY AN ATTORNEY: Appellant verifies this notice.]]

INDIGENCY

[IF APPLICABLE: Appellant is presumed indigent under Texas Rule of Appellate Procedure 20.1 and has filed a Statement of Inability to Afford Payment of Court Costs with the trial court.]

Appellant understands that filing this notice does not by itself stop enforcement of the judgment, and that enforcement continues unless the judgment is superseded under Texas Rule of Appellate Procedure 24.

Respectfully submitted,

[SIGNATURE] [NAME OF PARTY OR ATTORNEY] [ADDRESS] [CITY, TEXAS ZIP] [PHONE] [EMAIL] [STATE BAR NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a true and correct copy of this Notice of Appeal was served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE], and that a copy was delivered to [NAME OF EACH COURT REPORTER RESPONSIBLE FOR THE REPORTER'S RECORD], as Texas Rule of Appellate Procedure 25.1(e) requires.

[SIGNATURE] [NAME]

Texas Requirements for Notice of Appeal

30-Day Deadline Runs From Signing, Not Entry
The notice of appeal must be filed within 30 days after the trial court signs the judgment, not the date it is entered on the docket or served on the parties (Tex. R. App. P. 26.1).
90-Day Extension for Timely Post-Trial Motions
The deadline extends to 90 days after the judgment is signed if any party timely files a motion for new trial, a motion to modify the judgment, a motion to reinstate under TRCP 165a, or a proper request for findings of fact and conclusions of law (Tex. R. App. P. 26.1(a)(1)-(4)).
Narrow Rule 26.3 Extension of Time
The court of appeals may extend the filing deadline only if, within 15 days after the deadline, the party files the notice of appeal in the trial court and files a motion in the appellate court under Rule 10.5(b) showing a reasonable explanation for the delay (Tex. R. App. P. 26.3).
Filed With the Trial Court Clerk
An appeal is perfected by filing the written notice of appeal with the trial court clerk, not the court of appeals. A notice mistakenly filed with the appellate court is deemed filed with the trial court clerk the same day (Tex. R. App. P. 25.1(a)).
Naming the Court of Appeals
The notice must state the court to which the appeal is taken, unless the appeal is to the First or Fourteenth Court of Appeals, both sitting in Houston, in which case the notice must state the appeal is to either of those courts (Tex. R. App. P. 25.1(d)(4)).
State-Party Statement
Every notice must state whether the appeal involves the state, a state officer or agency in official conduct, or a constitutional or validity challenge to a state statute or rule with the attorney general as a party (Tex. R. App. P. 25.1(d)(9)).
No Stay Unless the Judgment Is Superseded
Filing the notice of appeal does not suspend enforcement of the judgment. Enforcement continues unless the judgment is superseded under Rule 24 by written agreement, bond, cash deposit, or alternate security, or the appellant is entitled to supersede without security; a money-judgment bond is capped at the lesser of 50 percent of the judgment debtor's net worth or $25 million (Tex. R. App. P. 25.1(h), 24.1(a), 24.2(a)(1)).
Rule 25.1(d) Content and Docketing Statement
Tex. R. App. P. 25.1(d) lists the content the notice of appeal must state, and a separate Docketing Statement approved by the Office of Court Administration is filed promptly after the notice under Tex. R. App. P. 32.1.
Justice Court Appeal Is a Trial De Novo by Bond
A justice court judgment is appealed by filing a bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs with the justice court within 21 days after the judgment is signed, or 21 days after a motion to reinstate, set aside, or for new trial is denied, perfecting a full trial de novo in the county court (Tex. R. Civ. P. 506.1(a), 506.3).

Find out where you stand in Texas

Introduction

Key Things to Know

Key decisions before you file

Customize your Notice of Appeal Template with DocDraft

Texas Requirements for Notice of Appeal

30-Day Deadline Runs From Signing, Not Entry

90-Day Extension for Timely Post-Trial Motions

Narrow Rule 26.3 Extension of Time

Filed With the Trial Court Clerk

Naming the Court of Appeals

State-Party Statement

No Stay Unless the Judgment Is Superseded

Rule 25.1(d) Content and Docketing Statement

Justice Court Appeal Is a Trial De Novo by Bond

Frequently Asked Questions