United States · Texas civil appeals
When is a petition for review due in the Supreme Court of Texas?
Unless the Supreme Court orders earlier filing, Rule 53.7(a) requires a petition within forty-five days after the court of appeals renders judgment if no rehearing or en banc motion is timely filed. Otherwise the period runs from the last ruling on all timely rehearing and en banc motions. Independently establish the applicable event before calculating.
- Period
- Forty-five calendar days after the established Rule 53.7(a) event
- Trigger
- Actual judgment rendition with no timely motions, or the independently established last ruling on all timely motions
- Rule
- Texas appellate Rule 53.7(a)
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 actual appellate judgment and establish its rendition.
Inventory every timely rehearing and en banc motion and its actual disposition.
If any such motion was timely filed, select the actual last ruling on all of them and check the Supreme Court’s orders.
Texas appellate Rule 53.7(a)How does this appellate period work?
- Obtain the actual appellate judgment and establish its rendition.
- 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 forty-five days to the independently selected rendition or last-ruling event. The calculator does not inspect the motion docket.
- 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 court of appeals renders judgment and no rehearing or en banc motion is timely filed. No earlier Supreme Court order applies. The actual input event is July 19, 2027. No additional closure or different court order applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual judgment rendition with no timely motions, or the independently established last ruling on all timely motions | July 19, 2027 |
| Applicable period | Forty-five calendar days after the established Rule 53.7(a) event | Thursday, September 2, 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?
- 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.
- Premature petitions and pending motions have stated treatment
- Rule 53.7(b) treats a petition filed before the last ruling on all timely rehearing and en banc motions as filed on that ruling date, after the ruling. A petition filed while a motion is pending must disclose that fact.
- A petition must satisfy its substantive and appendix requirements
- Rule 53.2 requires the petition’s ordered contents, jurisdictional statement, issues, record-supported facts, argument, prayer and bookmarked necessary appendix. A timely filing does not establish jurisdiction or compliance with those requirements.
- Petition extension is separately requested
- Rule 53.7(f) permits petition extension if a Rule 10.5(b) motion is filed no later than fifteen days after its last day. It does not make a pending request an automatic extension.
- Mistaken filing in the court of appeals has stated treatment
- Rule 53.7(g) deems a petition mistakenly filed in the court of appeals filed the same day with the Supreme Court clerk and directs immediate forwarding. This is not a reason to ignore the proper filing destination.
- 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 petition for review due in the Supreme Court of Texas?
Does a timely rehearing motion start forty-five days when filed?
No. Rule 53.7(a)(2) uses the last ruling on all timely rehearing and en banc motions.
Texas appellate Rule 53.7(a)(2)Can I petition while rehearing is pending?
Rule 53.7(b) addresses premature filing and requires disclosure that a motion is pending.
Texas appellate Rule 53.7(b)Can a Supreme Court order shorten forty-five days?
Yes. Rule 53.7(a) expressly excepts an earlier court-ordered filing deadline.
Texas appellate Rule 53.7(a)Official sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| Texas appellate Rule 53.7(a) | The specific actor, actual trigger and procedural period |
| Texas appellate Rule 53 and Misc. Docket No. 25-9104, paragraphs 3–4 | Establish the January 1, 2026 applicability boundary |
| Texas appellate Rule 53.7(a) | All timely rehearing and en banc motions matter |
| Texas appellate Rule 53.7(a) | The Supreme Court can order earlier petition filing |
| Texas appellate Rule 53.7(b) | Premature petitions and pending motions have stated treatment |
| Texas appellate Rule 53.2 | A petition must satisfy its substantive and appendix requirements |
| Texas appellate Rule 53.7(f), 10.5(b) | Petition extension is separately requested |
| Texas appellate Rule 53.7(g) | Mistaken filing in the court of appeals has stated treatment |
| 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 |