United States · Texas civil appeals
When is an appellant’s brief due in a Texas accelerated civil appeal?
In the covered accelerated branch, the appellant’s brief is due within twenty days after the later clerk’s-record or reporter’s-record filing date. Rule 38.6(a) excepts its special proceedings and the Rule 34.5a appendix branch. Rule 28.1(e) also permits court-directed submission without briefs. Establish the applicable order and supply the independently selected later actual filing.
- Period
- Twenty calendar days after the established later record filing
- Trigger
- The independently established later actual record filing in the covered accelerated branch
- Rule
- Texas appellate Rule 38.6(a), 28.1(e)
Official consolidation dated February 6, 2026, with individual amendments and applicability provisions
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Which actual event starts this appellate period?
Establish actual acceleration and the court’s briefing directions.
Obtain the relevant clerk and reporter actual filing confirmations and independently select the later filing.
Exclude an appendix election, special Rule 31 proceeding or submission without briefs before selecting this branch.
Texas appellate Rule 38.6(a), 28.1(e)How does this appellate period work?
- Establish actual acceleration and the court’s briefing directions.
- Exclude the actual triggering event and count every intermediate calendar day under Rule 4.1(a). Do not import the Civil Rules’ short-period exclusion into appellate computation. A signing, rendition, filing or ruling date must be established from its own actual record. Add twenty days to the independently established later record filing. Judgment signing and notice filing govern separate acts.
- Apply Rule 4.1 and establish the actual clerk calendar.
- Complete the required act in the correct court.
Rule 4.1(a) moves a final Saturday, Sunday or legal holiday to the next eligible day. Rule 4.1(b) separately extends a filing period when the proper clerk is closed or inaccessible during regular hours on the final day, until the next open and accessible day. Preserve the required proof. The encoded Texas holiday calendar covers 2026 through 2028; it does not know additional local closure or system failure.
Texas appellate Rule 4.1What does an independently derived example show?
Fictitious example
Fictitious facts. Both relevant records are filed in the established accelerated civil appeal. Their later actual date is independently selected and no appendix election or different direction applies. The independently established input event is August 3, 2027. No different court order, additional closure or bankruptcy suspension applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | The independently established later actual record filing in the covered accelerated branch | August 3, 2027 |
| Applicable period | Twenty calendar days after the established later record filing | Monday, August 23, 2027 |
Fictitious facts with the stated appeal classification and actual event independently established. No additional closure, order, disputed eligibility or unmodeled restart is assumed.
Try these dates in the calculatorWhich appeal conditions and court directions matter?
- Establish the later actual record filing
- Rule 38.6(a) uses the later of actual clerk’s-record filing and reporter’s-record filing. Record preparation, a transcript request, receipt, service and notice filing do not replace these events. This calculator requires that later date independently established. An absent or disputed required record needs separate assessment.
- An appendix replacing the clerk’s record changes the starting event
- Rule 38.6(a) excepts a Rule 34.5a appendix. Rule 34.5a(b) instead measures the brief and original appendix from the later of the election-notice filing or reporter’s-record filing, if any, using thirty days ordinarily or twenty in an accelerated appeal. Establish that separate branch and its actual order.
- Habeas and bail appeals use their own rule
- Rule 38.6(a) excludes the stated habeas corpus and bail appeals governed by Rule 31. Establish the appeal classification rather than importing the ordinary thirty-day or accelerated twenty-day branch.
- The court may permit submission without briefs
- Rule 28.1(e) permits the appellate court to allow accelerated submission without briefs and supplies record alternatives. A calculator does not establish that permission or determine a different court timetable.
- Brief contents remain separate from its date
- Rule 38.1 requires the appellant’s ordered contents, issues, record-supported facts, legal and record citations, requested relief and required civil appendix. Timely transmission does not establish compliance with those substantive requirements.
- An actual briefing order can change filing time
- Rule 38.6(d) permits extension on a Rule 10.5(b) motion filed before or after the brief is due, and permits shortening in the interests of justice. Obtain the actual order. This ordinary-period calculator does not grant relief or replace a changed timetable.
- The calculator does not decide appealability, disputed classification, the merits, entitlement to relief or sufficiency of a filing.
- The consolidation date does not establish applicability of every historical amendment. Read the actual governing edition and orders.
What must be filed, served and preserved?
Common questions about this appellate act
When is an appellant’s brief due in a Texas accelerated civil appeal?
Does the accelerated notice date start my brief period?
Rule 38.6(a) uses the later actual record filing for this branch. Rule 35.1(b) separately uses notice filing for the record.
Texas appellate Rule 38.6(a), 35.1(b)Can an accelerated appeal proceed without briefs?
Rule 28.1(e) allows the court to permit that submission. Obtain the actual court direction.
Texas appellate Rule 28.1(e)Does an appendix election keep this record-based event?
The Rule 34.5a branch instead uses its stated election-or-reporter event. Establish that procedure separately.
Texas appellate Rule 34.5a(b), 38.6(a)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Texas appellate Rule 38.6(a), 28.1(e) | The specific actor, actual trigger and procedural period |
| Texas appellate Rule 38.6(a) | Establish the later actual record filing |
| Texas appellate Rule 38.6(a), 34.5a(a)–(b) | An appendix replacing the clerk’s record changes the starting event |
| Texas appellate Rule 38.6(a), 31 | Habeas and bail appeals use their own rule |
| Texas appellate Rule 28.1(e) | The court may permit submission without briefs |
| Texas appellate Rule 38.1(a)–(k) | Brief contents remain separate from its date |
| Texas appellate Rule 38.6(d), 10.5(b) | An actual briefing order can change filing time |
| Texas appellate Rule 4.1 | Appellate computation and proof of clerk closure |
| Texas appellate Rule 9.2, 9.5 | Appellate filing, timely deposit, electronic transmission and separate service |