Texas Court of Appeals Filing Checklist

Trial Court: [________________________________]

County: [________________________________], Texas

Trial Court Cause Number: [________________________________]

Court of Appeals: [________________________________] Court of Appeals ([____] District)

Appellate Case Number: [________________________________] (assigned after filing)

Appellant: [________________________________]

Appellee: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Appealability Determination

Final Judgment

☐ Judgment is final (disposes of all parties and issues)
☐ Judgment signed: [__/__/____]

Interlocutory Appeal (CPRC § 51.014)

☐ Appealable interlocutory order type:
☐ Injunction granted/refused
☐ Class certification granted/denied
☐ Special appearance denied
☐ Summary judgment in specific cases
☐ Other: [________________________________]

Accelerated Appeals

☐ Parental termination
☐ Other accelerated appeal type

II. Notice of Appeal Deadline (TRAP 26.1)

Regular Civil Appeal

☐ 30 days from judgment signed, OR
☐ 90 days from judgment signed if:
☐ Motion for new trial filed, OR
☐ Motion to modify judgment filed, OR
☐ Motion to reinstate filed, OR
☐ Request for findings of fact filed

Deadline Calculation

☐ Judgment signed: [__/__/____]
☐ Post-trial motion filed: ☐ Yes ☐ No
☐ Post-trial motion ruled on: [__/__/____]
☐ NOTICE OF APPEAL DEADLINE: [__/__/____]

Accelerated Appeals (TRAP 26.1(b))

☐ 20 days from judgment signed
☐ Applies to: Interlocutory orders, parental termination, others

III. Notice of Appeal (TRAP 25.1)

Filing Location

☐ File with trial court clerk
☐ NOT with court of appeals initially

Notice Contents

☐ Parties' names
☐ Trial court cause number
☐ Date of judgment
☐ Statement of desire to appeal
☐ Court of appeals identified
☐ Signature of appellant or counsel

Service

☐ Serve on all other parties
☐ Certificate of service included

IV. Filing Fee and Security

Docketing Statement

☐ Filed with court of appeals within 10 days of notice

Cost Bond or Affidavit (TRAP 24)

☐ Cost bond filed (amount per local rules)
☐ OR Affidavit of Indigence filed
☐ Due: Within time for perfecting appeal

Supersedeas Bond (if staying judgment)

☐ Supersedeas bond amount: [________________]
☐ Bond filed to stay enforcement

V. Clerk's Record (TRAP 34.5)

Request for Clerk's Record

☐ File request with trial court clerk
☐ Due: Within 10 days of filing notice of appeal

Contents of Clerk's Record

☐ All pleadings
☐ Court's docket sheet
☐ Charge and verdict (if jury)
☐ Court's findings/conclusions
☐ Judgment or order appealed from
☐ Any post-trial motions
☐ Notice of appeal
☐ Other designated items

Payment for Record

☐ Estimated cost of record: $[________________]
☐ Payment made to clerk

VI. Reporter's Record (TRAP 34.6)

Request for Reporter's Record

☐ Request filed with court reporter
☐ Due: Within 10 days of filing notice of appeal
☐ Specify portions of trial to include

Payment for Reporter's Record

☐ Estimated cost: $[________________]
☐ Payment arranged with reporter

If No Reporter's Record

☐ Statement of facts agreed by parties, OR
☐ Appellant's statement of evidence (TRAP 34.6(f))

VII. Record Deadlines (TRAP 35.3)

Clerk's Record Due

☐ 60 days after notice of appeal filed
☐ 120 days in accelerated appeals

Reporter's Record Due

☐ 60 days after notice of appeal filed
☐ 120 days in accelerated appeals

Extensions

☐ Extension granted: ☐ Yes ☐ No
☐ New deadline: [__/__/____]

VIII. Briefing Schedule (TRAP 38.6)

Appellant's Brief

☐ Due: 30 days after later of:
☐ Clerk's record filed, OR
☐ Reporter's record filed
☐ Calculated deadline: [__/__/____]

Appellee's Brief

☐ Due: 30 days after appellant's brief filed
☐ Calculated deadline: [__/__/____]

Reply Brief

☐ Due: 20 days after appellee's brief filed
☐ Optional but recommended
☐ Calculated deadline: [__/__/____]

Extensions

☐ First 30-day extension: Automatic on motion (TRAP 10.5(b))
☐ Additional extensions: Must show reasonable cause

IX. Brief Requirements (TRAP 38.1)

Required Contents

☐ Identity of Parties and Counsel
☐ Table of Contents
☐ Index of Authorities
☐ Statement of the Case (brief statement of case nature)
☐ Statement Regarding Oral Argument (why argument would be helpful)
☐ Issues Presented
☐ Statement of Facts (with record references)
☐ Summary of Argument
☐ Argument (with citations to authorities and record)
☐ Prayer
☐ Appendix (with required items)

Appendix Requirements (TRAP 38.1(k))

☐ Judgment or order appealed
☐ Jury charge (if applicable)
☐ Findings of fact/conclusions of law (if applicable)
☐ Other relevant documents

Format Requirements

☐ Page limit: 50 pages (15,000 words if using word count)
☐ Reply brief: 25 pages (7,500 words)
☐ Font: 14-point (or 12-point Courier)
☐ 1-inch margins
☐ Binding: Top or left

X. Filing Briefs

Electronic Filing

☐ File through eFileTexas.gov
☐ PDF format
☐ Bookmarks required

Paper Copies

☐ Number of copies per local rules
☐ Served on all parties

XI. Oral Argument

Request for Oral Argument

☐ Include in brief
☐ State why argument would help

Oral Argument Set

☐ Argument date: [__/__/____]
☐ Time: [________________________________]
☐ Location: [________________________________]

Argument Time

☐ Typically 20-30 minutes per side
☐ Check court's specific rules

XII. Motions in Court of Appeals

Motion Requirements (TRAP 10.1)

☐ State grounds clearly
☐ State relief sought
☐ Include certificate of conference (most motions)
☐ Include certificate of service

Common Motions

☐ Motion for extension of time
☐ Motion to supplement record
☐ Motion to abate
☐ Motion for rehearing

XIII. After Decision

Opinion

☐ Opinion rendered: [__/__/____]
☐ Result: ☐ Affirmed ☐ Reversed ☐ Modified ☐ Remanded

Motion for Rehearing (TRAP 49)

☐ Due: 15 days from opinion
☐ Not automatically extended

Petition for Review to Texas Supreme Court (TRAP 53)

☐ Due: 45 days from:
☐ Opinion (if no rehearing motion), OR
☐ Order denying rehearing
☐ Discretionary review

Mandate (TRAP 18)

☐ Issued after time for rehearing/petition expires
☐ Returns jurisdiction to trial court

XIV. Supersedeas and Stays

Automatic Stay (TRAP 24.1)

☐ Judgment suspended by filing:
☐ Supersedeas bond
☐ Cash deposit
☐ Other security approved by court

Bond Amount

☐ Money judgment: Judgment amount + costs + interest
☐ Maximum: $25 million (judgment) + lesser of interest/50% of judgment

Indigent Party

☐ Affidavit of inability filed
☐ No bond required if indigence established

XV. Quality Control Checklist

Before Filing Notice of Appeal

☐ Deadline verified (jurisdictional!)
☐ Judgment is appealable
☐ Notice properly prepared
☐ Filing fee ready

Record Preparation

☐ Clerk's record requested
☐ Reporter's record requested
☐ Payments arranged

Briefing

☐ All required sections included
☐ Record references accurate
☐ Page/word limits observed
☐ Authorities properly cited

XVI. Document Tracking Log

XVII. Key Deadlines

Sources and References

• Texas Rules of Appellate Procedure: https://www.txcourts.gov/rules-forms/rules-standards/
• Texas Courts of Appeals: https://www.txcourts.gov/courts-of-appeals/
• eFileTexas: https://efiletexas.gov

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]