The period between judgment and appeal is the most deadline-intensive phase of Texas litigation. Every deadline is jurisdictional or preservation-critical. Missing any one of them—by even a single day—can permanently forfeit your client's appellate rights. Law Nerd LLC helps attorneys navigate these deadlines and ensure nothing is lost.
Texas post-judgment practice is governed primarily by Rules 296-329b of the Texas Rules of Civil Procedure and Rules 25-26 of the Texas Rules of Appellate Procedure. The deadlines interlock, and each one affects the others.
All post-judgment deadlines run from the date the judgment is signed, not the date it is rendered orally, not the date it is entered in the minutes, and not the date the parties receive notice. Confirming the exact date the judge signed the judgment is the first step.
In a bench trial, the request must be filed within 20 days of the judgment under Rule 296. If you do not request findings, you may waive the right to challenge the sufficiency of the evidence on appeal. The court has 20 days after the request to file findings. If the court fails to file, you must file a "Notice of Past Due Findings" within 30 days of the original request (Rule 297).
Under Rule 329b(a), a motion for new trial must be filed within 30 days of the judgment. This deadline is critical because:
The notice of appeal must be filed:
This deadline is jurisdictional. If the notice is late, the appellate court must dismiss. There is a 15-day grace period under Rule 26.3, but it requires a motion for extension with a reasonable explanation—and it is the absolute last chance.
If the trial court does not rule on the motion for new trial within 75 days of the judgment, the motion is overruled by operation of law under Rule 329b(c). The trial court's plenary power then extends 30 more days from that point.
The trial court's plenary power expires 105 days after the judgment is signed (assuming a motion for new trial was filed and overruled by operation of law at day 75, plus 30 days). After plenary power expires, the trial court generally cannot modify the judgment. The maximum plenary power period is 105 days.
Once the appeal is perfected, briefing deadlines run under the Texas Rules of Appellate Procedure:
Criminal post-judgment deadlines differ in important ways:
The attorney plans to appeal on factual sufficiency but never files a motion for new trial. The issue is permanently waived. This is one of the most common—and most devastating—post-judgment errors in Texas practice.
The attorney miscalculates whether the 30-day or 90-day deadline applies, or miscounts the days. The notice is filed one day late. The appellate court lacks jurisdiction and must dismiss. The client has no appeal.
After a bench trial, the attorney does not request findings of fact. On appeal, the court must imply all findings in support of the judgment. The attorney has effectively given up the ability to challenge the trial court's factual determinations.
Every day matters after judgment. Contact Law Nerd LLC immediately to calculate deadlines, draft post-judgment motions, and preserve appellate rights.
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