United States · Texas civil appeals
When is the appellate record due in an ordinary Texas civil appeal?
The appellate record in the established ordinary Texas civil branch must be filed in the appellate court within sixty days after judgment signing. The qualifying extended, accelerated and restricted branches differ. Rule 35.3 assigns conditional preparation and filing duties to the clerk and reporter. This calculator measures the ordinary period, not the appellant’s earlier record request.
- Period
- Sixty calendar days after actual judgment signing
- Trigger
- Actual judgment signing in the established ordinary sixty-day record branch
- Rule
- Texas appellate Rule 35.1, 35.3
Official consolidation dated February 6, 2026, with individual amendments and applicability provisions
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Which actual event starts this appellate period?
Obtain the actual signed judgment and its signing date.
Confirm the ordinary sixty-day record branch and check every party’s qualifying Rule 26.1(a) filings.
Establish the separate clerk, reporter, fee and request conditions and whether an appendix election changes the procedure.
Texas appellate Rule 35.1, 35.3How does this appellate period work?
- Obtain the actual signed judgment and its signing date.
- 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. Count sixty days from signing, not from the notice of appeal, record request or payment.
- 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. The ordinary judgment is signed and no qualifying Rule 26.1(a) filing applies. The actual triggering date is July 3, 2027. Required notice, record requests and fee conditions are satisfied. No Rule 34.5a appendix, extension order, additional closure or timetable restart applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual judgment signing in the established ordinary sixty-day record branch | July 3, 2027 |
| Applicable period | Sixty calendar days after actual judgment signing | Wednesday, September 1, 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?
- Clerk and reporter have conditional filing duties
- Rule 35.3(a) assigns the clerk’s record to the trial clerk when its notice and fee, arrangement or no-fee-entitlement conditions are satisfied, except the Rule 34.5a appendix branch. Rule 35.3(b) separately assigns the reporter’s record when notice, request and fee, arrangement or entitlement conditions are satisfied.
- The appellant’s request is a separate act
- Rule 34.6(b) requires the written reporter’s-record request at or before perfecting the appeal and a copy filed with the trial clerk. Designate the required exhibits and, for the stated reporter branch, portions of proceedings. The later record-filing deadline is not permission to postpone that request.
- An appendix replacing the clerk’s record has another procedure
- Rule 34.5a(a) uses an election notice within ten days after the appellant files the notice of appeal. Its original appendix and appellant brief use the separate later-of election-or-reporter event under 34.5a(b). Rule 34.5a(h) excludes preparing or filing a clerk’s record when its appendix is filed. Establish that branch separately.
- Qualifying postjudgment filings change the record branch
- Rule 35.1(a) uses 120 days after signing when Rule 26.1(a) applies. The same actual timely qualifying-filing inquiry matters; a motion’s ruling does not itself become the 120-day trigger.
- Record extension is separate from appeal perfection
- Under Rule 35.3(c), trial and appellate courts jointly ensure timely record filing. The appellate court may extend on the clerk’s or reporter’s request, with each ordinary or restricted extension limited to thirty days. It must allow late filing when delay is not the appellant’s fault and may do so when it is. Establish the actual order; the calculator does not grant relief.
- 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 the appellate record due in an ordinary Texas civil appeal?
Does notice filing start the ordinary sixty days?
No. Rule 35.1 ordinarily uses judgment signing. Its accelerated and restricted exceptions use notice filing.
Texas appellate Rule 35.1(a)–(c)May I wait sixty days before requesting the reporter’s record?
Rule 34.6(b) requires the written request at or before perfecting the appeal and a copy filed with the trial clerk.
Texas appellate Rule 34.6(b)Does the clerk always prepare the record despite an appendix election?
Rule 34.5a has a separate election and appendix procedure, and paragraph (h) excludes preparing or filing the clerk’s record when its appendix is filed.
Texas appellate Rule 34.5a(a)–(b), (h)Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Texas appellate Rule 35.1, 35.3 | The specific actor, actual trigger and procedural period |
| Texas appellate Rule 35.3(a)–(b) | Clerk and reporter have conditional filing duties |
| Texas appellate Rule 34.6(b)(1)–(3) | The appellant’s request is a separate act |
| Texas appellate Rule 34.5a(a)–(b), (h) | An appendix replacing the clerk’s record has another procedure |
| Texas appellate Rule 35.1(a), 26.1(a) | Qualifying postjudgment filings change the record branch |
| Texas appellate Rule 35.3(c) | Record extension is separate from appeal perfection |
| 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 |