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United States · Texas civil appeals

When is a Texas accelerated civil notice of appeal due?

For the established Rule 26.1(b) accelerated civil branch, file the notice within twenty days after the judgment or order is signed. Rule 28.1(b) preserves a different statutory provision and states that posttrial motions and findings requests do not extend perfection. This calculator does not decide acceleration or a special statutory timetable.

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Period
Twenty calendar days after signing under Rule 26.1(b)
Trigger
Actual signing of the judgment or order in the applicable twenty-day accelerated branch
Rule
Texas appellate Rule 26.1(b), 28.1(a)–(b)
Texas Rules of Appellate Procedure

Official consolidation dated February 6, 2026, with individual amendments and applicability provisions

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Which actual event starts this appellate period?

Obtain the signed judgment or interlocutory order and its signing date.

Establish the law permitting the appeal and requiring acceleration.

Check whether a statute supplies a different period or specialized procedure before selecting twenty days.

Texas appellate Rule 26.1(b), 28.1(a)–(b)

How does this appellate period work?

  1. Obtain the signed judgment or interlocutory order and its signing 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 twenty days from the applicable signing. Posttrial motion filing does not restart this accelerated clock.
  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.

Texas appellate Rule 4.1

What does an independently derived example show?

Fictitious example

Fictitious facts. An appealable accelerated civil order is signed and no different statutory period applies. The established input date is August 3, 2027. No additional closure, order, bankruptcy suspension or unmodeled timetable restart applies.

Example counting steps
StepWhat is countedDate
Established eventActual signing of the judgment or order in the applicable twenty-day accelerated branchAugust 3, 2027
Applicable periodTwenty calendar days after signing under Rule 26.1(b)Monday, August 23, 2027
Example resultMonday, August 23, 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 calculator

Which appeal conditions and court directions matter?

Acceleration must be established
Rule 28.1(a) identifies statutorily allowed interlocutory appeals, quo warranto, statutory acceleration or expedition and appeals legally required within less than thirty days. A calculation does not establish appealability.
A statute can supply different perfection
Rule 28.1(b) begins with its statutory exception. The twenty-day preset does not override a different governing statutory timetable.
Posttrial filings do not extend perfection
New-trial motions, other posttrial motions and findings requests do not extend the accelerated perfection time under Rule 28.1(b).
The notice identifies acceleration
Rule 25.1(d)(6) requires accelerated identification and its specified specialized-case information when applicable.
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.
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.
Texas appellate Rule 26.1(b), 28.1(a)–(b)
  • 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

When is a Texas accelerated civil notice of appeal due?

Does a timely new-trial motion give me ninety days?

Not in an accelerated appeal under Rule 28.1(b). The posttrial filings do not extend its perfection time.

Texas appellate Rule 28.1(b)

Are all interlocutory orders appealable?

Rule 28.1(a) refers to interlocutory appeals when statute allows them. Establish appealability separately.

Texas appellate Rule 28.1(a)

Is permission to appeal the same notice procedure?

Rule 28.3 requires a petition in the court of appeals when the trial court permits an otherwise unappealable interlocutory appeal.

Texas appellate Rule 28.3(a)–(c)

Official sources and review

Provisions used (9)
Provisions used in this guide
ProvisionPurpose
Texas appellate Rule 26.1(b), 28.1(a)–(b)The specific actor, actual trigger and procedural period
Texas appellate Rule 28.1(a)Acceleration must be established
Texas appellate Rule 28.1(b)A statute can supply different perfection
Texas appellate Rule 28.1(b)Posttrial filings do not extend perfection
Texas appellate Rule 25.1(d)(6)The notice identifies acceleration
Texas appellate Rule 26.3, 10.5(b)Extension requires two acts and court discretion
Texas Civil Rule 21(f)(5)Trial-court electronic filing is separate
Texas appellate Rule 4.1Appellate computation and proof of clerk closure
Texas appellate Rule 9.2, 9.5Appellate filing, timely deposit, electronic transmission and separate service
Read the official Texas Appellate Rules

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