When must a Texas permissive-appeal petition be filed?

Obtain the order to be appealed and establish trial permission.

Check whether an amended order actually includes that permission.

Select signing of the applicable original or amended order, rather than the permission motion’s filing or hearing.

1. Obtain the order to be appealed and establish trial permission.
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 from the applicable signing. The calculator receives the established order date and does not classify the permission amendment.
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. Trial permission is established in the applicable interlocutory order and the party seeks appellate permission. 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.

Trial permission must be established in the actual order

Civil Rule 168 requires permission in the order to be appealed and allows amendment of a prior order to include it. The permission identifies the controlling legal question and substantial disagreement, and explains how immediate appeal may materially advance termination. Establish statutory eligibility separately; this calculator does not grant permission.

The petition has specific supporting materials

Rule 28.3(e) requires Rule 25.1(d)’s notice information, the actual order, material file-marked trial documents and authenticated relevant testimony and exhibits, or the stated ordered-transcript or no-evidence alternative. It also requires contents, authorities, issues, facts and the argument for the controlling legal question and immediate appeal.

Appellate clerk, all trial parties and docketing statement

Rule 28.3(b) uses the clerk of the court of appeals with appellate jurisdiction, with the First and Fourteenth Courts determining their filing allocation. Paragraph (h) requires service on all trial-court parties. Paragraph (i) requires the Rule 32.1 docketing statement upon petition filing.

An amended permission order changes the starting event

Rule 28.3(c) specifically restarts petition timing from signing of an amended order that includes trial permission. A separate permission request or an unrelated amendment does not automatically establish that branch.

Extension requires both the petition and a motion

Rule 28.3(d) allows extension when the petition is filed within fifteen days after the deadline and a Rule 10.5(b) motion is filed. Its text places the fifteen-day condition on the petition, while separately requiring the motion. A request does not itself grant relief.

• 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 order to be appealed and establish trial permission.
• Check whether an amended order actually includes that permission.
• Select signing of the applicable original or amended order, rather than the permission motion’s filing or hearing.
• Civil Rule 168 requires permission in the order to be appealed and allows amendment of a prior order to include it. The permission identifies the controlling legal question and substantial disagreement, and explains how immediate appeal may materially advance termination. Establish statutory eligibility separately; this calculator does not grant permission.
• Rule 28.3(e) requires Rule 25.1(d)’s notice information, the actual order, material file-marked trial documents and authenticated relevant testimony and exhibits, or the stated ordered-transcript or no-evidence alternative. It also requires contents, authorities, issues, facts and the argument for the controlling legal question and immediate appeal.
• Rule 28.3(b) uses the clerk of the court of appeals with appellate jurisdiction, with the First and Fourteenth Courts determining their filing allocation. Paragraph (h) requires service on all trial-court parties. Paragraph (i) requires the Rule 32.1 docketing statement upon petition filing.
• Rule 28.3(c) specifically restarts petition timing from signing of an amended order that includes trial permission. A separate permission request or an unrelated amendment does not automatically establish that branch.
• Rule 28.3(d) allows extension when the petition is filed within fifteen days after the deadline and a Rule 10.5(b) motion is filed. Its text places the fifteen-day condition on the petition, while separately requiring the motion. A request does not itself grant relief.
• File the Rule 28.3 petition, supporting materials and required docketing statement with the proper court of appeals, and serve all trial parties. 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.