When may a party seek en banc reconsideration in Texas?

Establish actual rendition from the appellate judgment or order.

Identify this as an initial separate en banc motion, not a further Rule 49.6 motion.

Check accelerated directions and this party’s petition-for-review filing.

1. Establish actual rendition from the appellate judgment or order.
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. Rule 49.5 adopts the Rule 49.1 period. Filing a separate rehearing motion does not provide an extra initial fifteen days.
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. Actual appellate rendition occurs and initial en banc reconsideration remains available. 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.

Amendment has its own boundary

Rule 49.8 allows amendment as of right before the fifteen-day filing period expires and with leave before the court decides the motion. An amendment is not a new ordinary filing period.

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.

Separate motion and court-requested response

Rule 49.5 permits filing with or without rehearing and requires no response unless requested. It also permits a majority of the en banc court to initiate reconsideration during plenary power, with resubmission and possible rebriefing or argument.

A further en banc motion has separate qualifications

Rule 49.6 permits a further motion within fifteen days after deciding an en banc motion only if the court modifies its judgment, vacates it and renders a new judgment, or issues a different opinion.

• 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.

• Establish actual rendition from the appellate judgment or order.
• Identify this as an initial separate en banc motion, not a further Rule 49.6 motion.
• Check accelerated directions and this party’s petition-for-review filing.
• 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 49.8 allows amendment as of right before the fifteen-day filing period expires and with leave before the court decides the motion. An amendment is not a new ordinary filing period.
• 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 49.5 permits filing with or without rehearing and requires no response unless requested. It also permits a majority of the en banc court to initiate reconsideration during plenary power, with resubmission and possible rebriefing or argument.
• Rule 49.6 permits a further motion within fifteen days after deciding an en banc motion only if the court modifies its judgment, vacates it and renders a new judgment, or issues a different opinion.
• File the separate en banc motion and address the Rule 41.2(c) standard as Rule 49.5 directs. No certificate of conference is required under Rule 49.12. 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.