When must a Texas appellate rehearing extension motion be filed?

Identify the precise underlying initial or qualifying further motion.

Establish its actual last day, including applicable counting and any accelerated direction.

Prepare the Rule 10.5(b) request and establish the reasons and extension sought.

1. Identify the precise underlying initial or qualifying further motion.
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 to the independently established actual underlying due date, not judgment rendition.
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 actual underlying rehearing due date is independently established and extension relief is requested. 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.

A request does not grant an extension

Rule 49.9 states that the court may extend time. Timely filing satisfies the stated request window but does not determine the court’s ruling or the new last day.

The request must explain the need

Rule 10.5(b)(1) requires the deadline, extension length, facts reasonably explaining the need, and previously granted extensions. Preserve the actual timetable and the factual explanation.

• 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 precise underlying initial or qualifying further motion.
• Establish its actual last day, including applicable counting and any accelerated direction.
• Prepare the Rule 10.5(b) request and establish the reasons and extension sought.
• 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 states that the court may extend time. Timely filing satisfies the stated request window but does not determine the court’s ruling or the new last day.
• Rule 10.5(b)(1) requires the deadline, extension length, facts reasonably explaining the need, and previously granted extensions. Preserve the actual timetable and the factual explanation.
• File the Rule 10.5(b) motion in the court of appeals. State the actual due date, requested extension and facts reasonably explaining the need, and obtain the court’s decision. 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.