If you believe a court made a mistake in your civil case, you may have the right to appeal. The Texas civil appeals process gives parties the opportunity to challenge a judgment and seek a new outcome. But appeals aren’t second trials. They’re based on reviewing what happened in the original case to determine if legal errors were made.
Here’s a clear look at how to appeal a civil case in Texas, what steps are involved, and how long the process typically takes. Whether you’re considering filing an appeal or responding to one, understanding how it works is important.
What Is an Appeal in a Texas Civil Case?
An appeal is a formal request asking a higher court to review a decision made by a lower court. In Texas, most civil appeals are handled by one of the state’s 14 Courts of Appeals. These courts do not hear new evidence or re-try the case. Instead, they review the written record and legal arguments to determine whether the trial court correctly applied the law.
You can’t appeal just because you disagree with the outcome. You need grounds for appeal in a civil case in Texas, such as a legal error made by the judge, improper jury instructions, or issues with how evidence was handled.
Texas Appeal Process Step by Step
Here is a basic overview of the Texas appeal process step by step:
1. Notice of Appeal
The first step is filing a notice of appeal in Texas. This must be done within 30 days after the final judgment is signed. If a motion for a new trial or similar motion is filed, the deadline extends to 90 days. Missing this deadline can mean losing the right to appeal.
2. Record Preparation
The court reporter and court clerk will prepare the appellate record, which includes transcripts, pleadings, and all evidence presented at trial. This is the official record the appellate court will use to evaluate the appeal.
3. Briefs
Both sides will file written briefs. The appellant (the party appealing) files a brief explaining the legal errors and requesting a different outcome. The appellee (the opposing party) files a response. These briefs are key to the court’s decision.
4. Oral Argument (Sometimes)
In some cases, the court may schedule an oral argument. This gives each side a chance to present their argument in person and answer the judges’ questions. Not all cases have oral arguments, especially if the written briefs are clear.
5. Decision
The appellate court will issue a written opinion. It may affirm the original decision, reverse it, or send the case back to the trial court for further proceedings.
Civil Appeal Timeline in Texas
Appeals can take time. The civil appeal timeline in Texas depends on the complexity of the case and the court’s schedule. On average, a civil appeal takes 6 months to over a year. Delays can happen, especially if extensions are requested or if the appellate court has a backlog.
Estimated Timeline:
- Notice of appeal: within 30-90 days after judgment
- Record preparation: 30-60 days
- Briefing period: 60-90 days
- Oral argument (if any): varies
- Court decision: 6-12+ months after appeal is filed
Texas Rules of Appellate Procedure
Appeals must follow specific rules, outlined in the Texas Rules of Appellate Procedure. These rules govern everything from how documents must be formatted to the deadlines for filing. Failure to follow these rules can result in dismissal of the appeal. It’s important to understand that appellate courts expect strict compliance.
Texas Appeal Bond Requirements
In many civil cases, the party appealing must file an appeal bond. This bond ensures the appellant will pay costs if they lose the appeal. Texas appeal bond requirements vary based on the type of judgment and the amount in dispute. For monetary judgments, the bond is usually equal to the judgment amount plus interest and costs, unless reduced by the court.
What Happens After a Civil Appeal in Texas?
So, what happens after a civil appeal in Texas? If the appellate court affirms the trial court’s decision, the original judgment stands. If the decision is reversed, the appellate court may render a new judgment or send the case back to the trial court for more action. Either side may ask the Texas Supreme Court to review the decision, but that court accepts very few cases.
Help With the Texas Civil Appeals Process
The Texas civil appeals process is detailed and rule-driven. Small mistakes can make a big difference in the outcome. If you’re considering an appeal, or if you need to respond to one, having the right legal support matters.
At The Law Office of Kyle J. Moore, PLLC, we handle a wide range of legal matters, including personal injury, small business law, and general civil litigation. If you need help understanding your options or preparing for a civil appeal, our office can guide you through every step.
We know the Texas court of appeals civil cases inside and out and can explain your rights clearly. Reach out today to talk about your case and find out how we can help you move forward.