When is a further Texas appellate reconsideration motion permitted?

Identify the corresponding prior rehearing or en banc motion and its actual disposition.

Obtain the later court action and establish judgment modification, vacation with new judgment, or a different opinion.

Confirm the actual date of that qualifying action and read any accelerated restriction.

1. Identify the corresponding prior rehearing or en banc motion and its actual disposition.
2. 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 fifteen days only after the qualifying action and corresponding prior-motion conditions are established.
3. Apply Rule 4.1 and establish the actual clerk calendar.
4. 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.

Fictitious example

Fictitious facts. The court decides a prior rehearing motion and modifies its judgment in a qualifying action. The actual input event is August 2, 2027. No additional closure or different court order applies.

Fictitious facts with the stated appeal classification and actual event independently established. No additional closure, order, disputed eligibility or unmodeled restart is assumed.

Acceleration can remove or shorten the opportunity

Rule 49.7 permits the appellate court in an accelerated appeal to deny the right to rehearing or en banc reconsideration or shorten filing time. Establish the actual order before using the ordinary fifteen-day period.

Your own Supreme Court petition affects your appellate motion

Under Rule 49.11, after filing its own petition for review a party cannot file rehearing or en banc reconsideration unless the court of appeals later modifies its opinion or judgment. Another party’s petition does not impose that bar. A timely motion after petition filing requires immediate notification to the Supreme Court clerk and notification when the last timely motion is overruled.

Extension needs a motion and a court decision

Rule 49.9 permits extension when a Rule 10.5(b) motion is filed no later than fifteen days after the actual last filing date. That filing window does not itself grant the extension.

Match the earlier motion to the further motion

Rule 49.4 follows decision of rehearing. Rule 49.6 follows decision of en banc reconsideration. Establish the corresponding earlier procedure rather than treating any prior appellate filing as sufficient.

A changed disposition must meet a stated condition

Both provisions identify modification of judgment, vacation and rendition of a new judgment, or a different opinion. Establish the actual qualifying action. The rule’s commentary cautions that an opinion without substantial difference should not occasion another rehearing motion.

• 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.

• Identify the corresponding prior rehearing or en banc motion and its actual disposition.
• Obtain the later court action and establish judgment modification, vacation with new judgment, or a different opinion.
• Confirm the actual date of that qualifying action and read any accelerated restriction.
• Rule 49.7 permits the appellate court in an accelerated appeal to deny the right to rehearing or en banc reconsideration or shorten filing time. Establish the actual order before using the ordinary fifteen-day period.
• Under Rule 49.11, after filing its own petition for review a party cannot file rehearing or en banc reconsideration unless the court of appeals later modifies its opinion or judgment. Another party’s petition does not impose that bar. A timely motion after petition filing requires immediate notification to the Supreme Court clerk and notification when the last timely motion is overruled.
• Rule 49.9 permits extension when a Rule 10.5(b) motion is filed no later than fifteen days after the actual last filing date. That filing window does not itself grant the extension.
• Rule 49.4 follows decision of rehearing. Rule 49.6 follows decision of en banc reconsideration. Establish the corresponding earlier procedure rather than treating any prior appellate filing as sufficient.
• Both provisions identify modification of judgment, vacation and rendition of a new judgment, or a different opinion. Establish the actual qualifying action. The rule’s commentary cautions that an opinion without substantial difference should not occasion another rehearing motion.
• State the grounds for the particular further motion and preserve both the prior disposition and qualifying court action. File with the proper appellate clerk. Under Rule 9.2(c)(4), ordinary electronic filing occurs on transmission to the filing party’s service provider before midnight in the court’s time zone, subject to a specified time of day, weekend or holiday transmission and a required leave order. Attorneys in civil cases must electronically file subject to Rule 9.2(c)’s stated exceptions. Preserve confirmation and seek appropriate court relief for technical failure under 9.2(c)(5). Rule 9.5 separately requires timely service on all parties, ordinarily their lead counsel, and proof of service; appellate records outside original proceedings have their stated service exception. A qualifying mailed filing under 9.2(b) requires timely deposit or delivery and receipt within ten days after the filing deadline. Those ten days do not permit late deposit.