United States · Texas civil appeals
What must be filed within the Texas notice-of-appeal extension window?
The appellate court may extend notice-of-appeal time when, within fifteen days after the applicable notice deadline, the party files the notice in the trial court and a Rule 10.5(b) motion in the appellate court. Both acts are required by the text. This calculator measures the established window; it does not grant an extension or determine the original deadline.
- Period
- Fifteen calendar days after the established notice deadline for both stated filings
- Trigger
- The independently established applicable deadline for filing the notice of appeal
- Rule
- Texas appellate Rule 26.3, 10.5(b)
Official consolidation dated February 6, 2026, with individual amendments and applicability provisions
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Which actual event starts this appellate period?
Establish the original notice deadline from the actual appeal branch, event and legally applicable adjustments.
Identify the trial court for the notice and the proper appellate court for the extension motion.
Prepare both filings and the reasonable explanation and identifying information required by Rule 10.5(b).
Texas appellate Rule 26.3, 10.5(b)How does this appellate period work?
- Establish the original notice deadline from the actual appeal branch, event and legally applicable adjustments.
- 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 original notice deadline. Do not add fifteen days directly to judgment signing or treat the resulting window as an automatic extension.
- Apply Rule 4.1 and establish the actual clerk calendar.
- 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.
Texas appellate Rule 4.1What does an independently derived example show?
Fictitious example
Fictitious facts. The applicable original notice deadline is independently established; both required filings are prepared within the measured window. The established input date is August 2, 2027. No additional closure, order, bankruptcy suspension or unmodeled timetable restart applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | The independently established applicable deadline for filing the notice of appeal | August 2, 2027 |
| Applicable period | Fifteen calendar days after the established notice deadline for both stated filings | Tuesday, August 17, 2027 |
Fictitious facts with the stated appeal classification and actual event independently established. No additional closure, order, disputed eligibility or unmodeled restart is assumed.
Try these dates in the calculatorWhich appeal conditions and court directions matter?
- Extension requires two acts and court discretion
- Rule 26.3 permits the appellate court to extend time when the notice is filed in the trial court and a Rule 10.5(b) motion is filed in the appellate court within fifteen days after the applicable notice deadline. Neither calculation nor one filing proves an extension was granted.
- The motion has specific contents
- Rule 10.5(b)(2) requires the filing deadline, facts reasonably explaining the need, trial court, judgment or order date, case number and case style. The general motion provisions remain separately applicable.
- The two destinations differ
- Rule 26.3(a) specifies filing the notice in the trial court. Rule 26.3(b) specifies filing the extension motion in the appellate court. Preserve both actual filing confirmations.
- Trial-court electronic filing is separate
- Civil Rule 21(f)(5) supplies the covered trial-court electronic transmission boundary. An appellate clerk’s filing rule does not replace the trial-clerk destination required by Rule 25.1.
- 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.
What must be filed, served and preserved?
Common questions about this appellate act
What must be filed within the Texas notice-of-appeal extension window?
Does this calculator give me an automatic extension?
No. Rule 26.3 says the appellate court may extend time after the stated filings and conditions.
Texas appellate Rule 26.3May I file only the motion within the window?
The text requires both the trial-court notice and the appellate-court Rule 10.5(b) motion within fifteen days after the notice deadline.
Texas appellate Rule 26.3(a)–(b)Does the fifteen-day input use judgment signing?
Use the independently established notice deadline. Signing ordinarily starts the separate original notice period.
Texas appellate Rule 26.1, 26.3Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Texas appellate Rule 26.3, 10.5(b) | The specific actor, actual trigger and procedural period |
| Texas appellate Rule 26.3, 10.5(b) | Extension requires two acts and court discretion |
| Texas appellate Rule 10.5(b)(1)–(2) | The motion has specific contents |
| Texas appellate Rule 26.3(a)–(b) | The two destinations differ |
| Texas Civil Rule 21(f)(5) | Trial-court electronic filing is separate |
| Texas appellate Rule 4.1 | Appellate computation and proof of clerk closure |
| Texas appellate Rule 9.2, 9.5 | Appellate filing, timely deposit, electronic transmission and separate service |