When must a Texas petition-for-review extension motion be filed?

Identify the actual petition branch and governing Supreme Court directions.

Establish the actual last day from rendition or all timely-motion rulings as applicable.

Prepare the required extension motion and preserve every relevant filing and ruling date.

1. Identify the actual petition branch and governing Supreme Court directions.
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 petition due date. Do not input the appellate judgment or rehearing filing date instead.
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 petition’s actual last day is independently established and an extension 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.

Establish the January 1, 2026 applicability boundary

Misc. Docket No. 25-9104, paragraphs 3–4, applies the amended Supreme Court rules when the petition, or first petition in a multiple-petition case, is filed on or after January 1, 2026. Earlier cases use the former rules unless the Court orders otherwise. This review’s current contents apply only after that edition is established.

All timely rehearing and en banc motions matter

Rule 53.7(a) uses judgment rendition only when no rehearing or en banc motion is timely filed. Otherwise it uses the court’s last ruling on all timely motions, not the first denial, a motion’s filing date or its service date. Establish every timely motion and actual ruling.

The Supreme Court can order earlier petition filing

Rule 53.7(a) expressly permits an earlier filing deadline ordered by the Supreme Court. Read the actual order before using the ordinary forty-five-day branch.

Relief is discretionary

Rule 53.7(f) states that the Supreme Court may extend filing time. A timely request does not itself establish a new petition deadline.

Petition-specific motion information is required

Rule 10.5(b)(3) additionally requires the court of appeals’ judgment date and case identification, and the filing date of every rehearing or en banc motion with pending status or ruling dates. Preserve those details alongside Rule 10.5(b)(1)’s general requirements.

Response and reply extensions differ from petition extensions

Rule 53.7(f) permits a Rule 10.5(b) extension motion before or after a response or reply is due. Its fifteen-day-after-deadline restriction for a petition is a different branch. Relief requires the Supreme Court’s decision.

• 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 actual petition branch and governing Supreme Court directions.
• Establish the actual last day from rendition or all timely-motion rulings as applicable.
• Prepare the required extension motion and preserve every relevant filing and ruling date.
• Misc. Docket No. 25-9104, paragraphs 3–4, applies the amended Supreme Court rules when the petition, or first petition in a multiple-petition case, is filed on or after January 1, 2026. Earlier cases use the former rules unless the Court orders otherwise. This review’s current contents apply only after that edition is established.
• Rule 53.7(a) uses judgment rendition only when no rehearing or en banc motion is timely filed. Otherwise it uses the court’s last ruling on all timely motions, not the first denial, a motion’s filing date or its service date. Establish every timely motion and actual ruling.
• Rule 53.7(a) expressly permits an earlier filing deadline ordered by the Supreme Court. Read the actual order before using the ordinary forty-five-day branch.
• Rule 53.7(f) states that the Supreme Court may extend filing time. A timely request does not itself establish a new petition deadline.
• Rule 10.5(b)(3) additionally requires the court of appeals’ judgment date and case identification, and the filing date of every rehearing or en banc motion with pending status or ruling dates. Preserve those details alongside Rule 10.5(b)(1)’s general requirements.
• Rule 53.7(f) permits a Rule 10.5(b) extension motion before or after a response or reply is due. Its fifteen-day-after-deadline restriction for a petition is a different branch. Relief requires the Supreme Court’s decision.
• File the Rule 10.5(b) motion with the Supreme Court clerk. Include required due-date, extension and explanation information and Rule 10.5(b)(3)’s petition-specific court-of-appeals and motion chronology. Obtain the actual ruling. 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.