When may a party seek rehearing in a Texas court of appeals?

Obtain the judgment or order and establish its actual rendition date.

Check that this is initial rehearing rather than a qualifying further motion.

Read accelerated orders and check whether this party already filed a petition for review.

1. Obtain the judgment or order and establish its actual rendition date.
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. Count fifteen days from actual rendition, not receipt of the clerk’s notice.
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 of appeals renders its judgment and initial rehearing remains available under the ordinary rule. 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.

Rehearing is not required before Supreme Court review

Rule 49.10 does not require rehearing or en banc reconsideration as a prerequisite to a petition for review or to preserve error under that rule. Rule 53.7 separately determines the petition timetable.

A response is not automatically required

Rule 49.2 requires no response unless the court requests one. The court cannot grant rehearing unless a response has been filed or requested.

• 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.

• Obtain the judgment or order and establish its actual rendition date.
• Check that this is initial rehearing rather than a qualifying further motion.
• Read accelerated orders and check whether this party already filed a petition for review.
• 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 49.10 does not require rehearing or en banc reconsideration as a prerequisite to a petition for review or to preserve error under that rule. Rule 53.7 separately determines the petition timetable.
• Rule 49.2 requires no response unless the court requests one. The court cannot grant rehearing unless a response has been filed or requested.
• Clearly state the issues relied on for rehearing under Rule 49.1. 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.